The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-07-05
Supreme Court Reverses Itself
in Morris Case.
Thirty Cases Are Now Rein
stated by the Court.
AN ODD LAW POINT.
That For a Period
Cases Couldn't Be Appealed.
Original Opinion by Ellis Hand
ed Down Last Month.

While the supreme court did not ex-
actly reverse itself, it made a decision
this morning that is exactly the reverse
of an opinion handed down a month
ago. No opinion has yet been given
with the new decision and it will proba-
bly, not be forthcoming until October.
This reversed decision was the only
thing of general Importance In TINS
months decisions. Last month an op1n-
ion was handed down in which 1t was
held that the supreme court has no Jur-
isdiction over cases decided In the trial
courts in the interim between the explr-
alton of the old courts of appeals and
the time when the new law went into
effect giving the supreme court jurls-
diction over cases which formerly went
to the courts of appeal. This decision
was rendered in what is known as the
Morris case. and as there were about 81
other cases depending upon the same
question, it knocked them all out
There were matters in the opinion
that were not satisfactory to the whole
court, however. and 1t was Withdrawn
shortly after filing for further consid-
Grafton. A motion for rehearing was
filed in the Morris case. and the court
concluded to take it up again 1mme-
diately, with the result that the former
decision is reversed, as announced to-
day.
All the cases which have been dis
missed because of a lack of Jurisdiction
on the same ground as in the Morris
case have been reinstated and Will be
heard on their merits when they are
reached on the docket.
The opinion which was handed down
last month and Withdrawn was by Judge
, Ellis. Judge Ellis is not here now, but
has been in Michigan for several weeks
and will remain there for his health
during the summer.
Will DeVinne of Concordia, had trou-
BILE with the Missouri Pacific station
agent at Ames near Concordia, in Au-
gust, 1900, and during the trouble the
station agent slapped and otherwise as
saulted DeVinne. DeVinne brought suit
against the railroad company for $5,UOO
damages. claiming that the agent was
acting for the railroad company, and
the railroad company was therefore LA
BILE The jury gave him a Judgment
against the company for $40, but the
railroad company refused to pay even
that amount, and appealed 10 the SUI
preme court, claiming that the assault
was a private alteration between De-
Winnie and the agent, that DeVinne was
not a passenger on the railroad, and
that the agent was not tranSacting any
company business with DeVirne at the
time. The supreme court holds the con-
tention Of the railroad company good
and it reverses the case. although it says
company would have been bound to
protect him, or if the alteration hat
occurred over business between De
Winnie and the railroad company, ths
company would have been liable.
Paola has a city ordinance prohibiting
the sale of hop tea, cider, ginger ale, ''an
hail. and kindred drinks in less than gal
| Ion lots, and it specifies that even then the
| liquids must not be sold in bottles Of less
than a gallon.
J. c. Williford was convicted of violat-
ing this ordinance and he appealed to the
supreme court. His attorneys did not at
tack the constitutfonality of the ordinance
nor did he deny making a sale He ad-
United selling a gallon of "all hail " bul
sold it in four quart bottles, and his attor-
| neys claimed that the ordinance could
| not prohibit that. The supreme court
however. holds that if the ordinance is
| good at all 1t can prohibit the sale of the
| liquids in bottles smaller than a quart.
1t is not often that an attorney gets
| roasted in a supreme court, but that is
| what happened in opinion handed
| down by the supreme court today. Jack
| Downing was convicted in Chautauqus
| county of assault with intent to kill ani
| his case was appealed. In unfolding the
| lower court the supreme court says: 1--WE
| find the brief of counsel about as barrier
| of suggestions of error as is the TRANSCRIPTS
of the record, but we have carefully gone
| through both