The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-02-10
NO FREE RIDES.
Legislature Can Not Compel
Railroads to Give Passes.
Supreme Court Declares Ship
per Pass Law Void.
OTHER DECISIONS.
DECISIONS.
Remington Paper Co. Case Sent
Back For Trial.
Mergenthaler Company Loses
Case Against j. X. Hudson.

The supreme court today declared un-
| constitutional two laws of Importance
enacted by the Populist legislature.
One is the law providing for the taxa
tion of judgments; the other is the Pop
ulist law requiring railroads to furnish
free transportation to shippers of stock.
| Chief Justice Doster wrote the opinion
in the transportation case; Associate
| Justice Smith wrote the opinion in the
judgment case, which was foreshad-
| owed in decision on a motion several
weeks ago. The decisions in each case
We're unanimous.
| The court says with reference to the
law requiring railroads to furnish trans
portation to shipper of stock:
such law is a deprivation of prop
| erty without due process of law and a
denial of the equal protection of the
| laws and is therefore unconstitutional
and void under the fourteenth amend
ment to the federal constitution
| The court has not yet passed upon
| the Topeka water works case.
! The court today affirmed the judg
| ment of 81 given in the Shawnee dis
| trict court given against the Kansas
! State Printing company, in a suit for
4 damages brought by the Mergenthaler
Linotype Machine company. When j.
| K. Hudson was state printer he leased
used them two years and paid the
| rents. The company sued to recover
| damages, claiming six years con-
| tract.
The Remington Paper company case,
| in which there is a judgment against
| the former Topeka Capital company,
| was sent back to the Shawnee district
| court for another trial The case, as
to the judgment, was not reversed, but
! the whole question goes back 10 the
| lower court upon a technicalIty in prac-
tice
The supreme court decided an inter-
esting case from Kingman county 1t
involves the total and mysterious dis
| appearance of r. l.. HanScOme, who
was cashier of Kingman bank some
! years ago. He made away with SAL, 900.
| Hanscome does not appear in the case
| however. He was playing the bucket
shop game. and would issue drafts for
$3.50 and make the stub appear as 81. so.
He handled the clearing house busi-
ness for the bank, and when the drafts
| would be returned for collection he
would destroy them. In this manner
he got away with the banks money.
He did this business through ]. F.
Byrnes, a telegraph operator.
An investigation was made, being
commenced on Sunday. Hanscome
went to the bank Monday morning and
asked if he could assist. An answer
in the negative caused Hanscome to
take the drafts, checks and collections,
presumably to transact the regular
morning business of the bank. He left
the bank on his bicycle, and has since
not been seen or heard of. His dis
! appearance was complete.
The bank then brought suit against
Ryrnes hoping to be able to recover
some of the money. It was charged
that the telegraph operator was in col
lusion with Hanscome. The court today
( holds that Byrnes is innocent; that a
trustee does not become responsible un-
less he knows of the crOOkedness, and
that where such trustee forwards drafts
wrongfully issued, about Which he has
. / no knowledge, he is not in any manner
responsible.
Edward Redgate, a minister of the
Church of Christ in Wabaunsee county
brought suit to recover damages
, against members of his congregation
who published to the world through the
religious papers that he, as a minister,
: was not conducting himself as a man of
| God. This was a, church row which in
| volved the denomination throughout
| United States. The minister claimed
| that the congregation had maliciously
slandered him and deprived him of the
| only means he had of gaining liveh-
hood. The defendants in the court be-
low won and the supreme court affirm
! ed that decision today. So, Mr.. Red
gate is out his job and his record
shows dismissed from the church for
cause"
The following opinions were rendered
today:
| CHIEF JUSTICE DOSIER.
Topeka Capital Co., VS.. Remington
Paper Co; error from Shawnee county.
| Reversed.
Alexandria, Arcadia & FIT Smith Ry.
Co VS.. johnson ct al; error from Atch-
ison county. Affirmed.
A r. & S. F. Ry Co. VS.. Campbell;
error from court of appeals. Reversed.
Matthews VS.. Arthur: error from Wy
| andotte county. Affirmed. Justice
Smith not sitting.
Boston Safe Deposit & Trust Co. VS..
Stitch ct al; error from Montgomery
Co. Reversed.
Wolfey, administrator VS.. McPher-
l son; error from court of appeals. Re
2 versed.
State VS.. Hagar; appeal from Jack
. son county. Reversed.
! State VS.. Elliott; appeal from Wilson
county. Affirmed.
ASSOCIATE JUSTICE JOHNSTON,
State VS.. Commissioners of Scott
county; application for amended man
Missouri Pacific Ry. Co. VS.. Love Ell
al; error from Cowley county. Revers-
First National Bank of Kingmap
Kan, VS.. Byrnes; error from Kingmah
} county. Affirmed.
Redgate VS.. Roush ct al; error from
Wabaunsee county. Affirmed
ASSOCIATE JUSTICE SMITH.
ST. L. K. & S. Ry. Co VS.. Noyes ct al
error from Sumner county. Modified.
Rain VS.. Young; error from Shawnee
) county. Reversed.
Carrier VS. the U P. Ry. Co.; error
from Saline county. Affirmed
Drum ct al VS.. Cessnum; error from
| Wabaunsee countw Affirmed.
I McDermott VS.. HalIeck; error from
| Dickinson county. Reversed.
1 Love VS.. BlauW; error from court o.
| appeals. Reversed
Hamilton VS.. Wilson. Clerk, etc; orig
inal proceedings in mandamus. Wri
r | allowed.
+ PER CURTAIN.
Kingman & Co. VS.. Conway ct al; er