The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-10-05
THEY ARE WORRIED.
Express Companies Fighting Hard to
Invalidate Topeka Ordinance.

The city of Topeka has lawsuit on
it's hands which is attracting the atteh-
ton of lawyers and lawmakers ali over
the United States 1t is a case Whaeh
when finally decided will be cited IN the
legal journals broadcast over the Unit
ed States.
A rehearing was granted on petition
of the attorneys for the defendant, the
United States Express company, ana
the last. argument made before the state
supreme court yesterday afternoon Ihe
suit entitled the City of Topeka vs..
George w Jones is a test Of the city or
dinance passed in 1902 by the city eoun-
ell providing fer license tax OF slVo q
year on The express companies ooiIls
business within Topeka. George W.
Jones is the agent here for the United
States Express company and his com
many was named N order to MAKE 4
test of the validity of the ORDNANCE
The express companies are nghlng 1ile
ordinance bitterly for they fear that II
the action of the city council Is sus-
tanned that all the cities in the state
will copy after Topeka and put IN
similar ordinance and If this results the
pocket book of the express companies
Is going to look less prosperous.
This fear was openly expressed by
John O'Keefe one Of the attorneys Tor
the defense, before tie supreme court
while making his argument.
In the briefs first fled before the SUI
preme court the main contention cf'tne
defense was that the ordinance was
conflicting with the interstate commerce
law in attempting TO tax traffic done
from the Topeka office In the peti-
+iol7 for a rehearing the defense was
switched over and the main stress was
laid on the contention that the express
company's business was not within the
city.
"That's about the most ridiculous
thing ever heard Of" snorted F. G.
Dreaming, city attorney. II II isn
located in the city would IKE 70 khoN
where it is located at, said Dfennlng
decisively, wEting all attempts TO ar
que to the contrary IT.
I'VE are going TO win this case this
time" he continued. We nave nleu 4
Great s7paf stronger brief than we did
last time ard found a great many more
references which bear more closely on
I'VE put up a pretty good argument
too. O'Keefe, for the deIen9alltst ~
pretty badly ratified yesterday when
the court fired some questions at him.
That's a habit the courts have OF ask
ing you questions that you are not look
ing for.
NAMES put up is full of holes, they only
quoted a part of the ordinance and got
some of that wrong and then they
made mistakes in quoting their refer
I'VE ought to win this case and
believe we will It's one of the most
important cases that the city ever had
on its hands, The trouble with lne
other side is that the ordinance has
been drawn so perfectly that they cant
nick any flaws in 1t. The ordinance
was drawn up by a man that knew his
business"
This case viii be cited all over the
country said w. c. Ralston, assistant
citv attorney. 1T has already attract
ed a great deal of attention because 1t
covers some ground that has never
heen exactly covered before. It viii
be continued to be used in the future
as a reference in a great many other
cases"
Aside from the prominence of the suit
the city is pecuniarly interested in it =
the city is pecuniarly interested in it to
three express companies doing business
in Topeka. the United States Express
company, the Wells Fargo and the Pa
cific Express company, all Of which
have never paid dollar of the license
and which now aggregates 81 200 The
sllit has been in the courts for almost
t-z-o wars and half