The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-06
Clay Center's Lighting Question
Still UnsOlved.
Supreme Court Holds the Bonds
Are Valid.
THE END is NOT YET.
District Court Says Old Plant
Must Be Bought.
Wichita Can't Have Separate
Black and White Schools.

Under a decision of the supreme
| court of the state, rendered Friday af-
ternoon. Clay Center can go ahead and
| issue bonds for the erection of its city
| electric light plant. The validity OF
| these bonds was attacked by Coleman
& Williams. attorneys for the corpora
ton owning the lighting company at
Clay Center.
Under this decision, Clay Center IL
in a peculiar situation. In another
suit which was decided by the district
court of Clay county not long ago, 1t
was held that the city must buy the
private lighting plant from the Will
hanson Milling company, under the
terms of the company's franchise
which provided that the city must
either buy or renew the franchise.
Now the supreme court holds that
the bonds issued by the city for the
| erection of a new plant are valid. The
| result is that the city of Clay Center.
which has gone ahead and constructed
! its new light plant, and has it almost
ready for use, may be forced to buy
the old lighting plant, and thus be in
the peculiar position of a city with
| two municipal lighting plants on hand.
Coleman and Williams claimed that
the bond issue was illegal because the
bond ordinance and the notice of the
bond election were both published in
the same paper on the same day. 9th
| er technical objections were made to
the legality of the issue. The supreme
court says that this point is too refin-
ed in respect to time
| In the Wichita separate school case,
\ the supreme court held that under It's
special charter act, the city of Wichita
| is prohibited from maintaining sepa-
| rate schools for whites and blacks
| This is a reversal of the decision of
Judge T. c. Wilson OF Sedgwick coun-
| ty, who has a record of having more
than his share of cases reversed by the
| higher courts. 1t also shows that even
| the best of judges is liable to have his
| judicial opinion warped by local pre-
| JUDGE.
A year ago the board of education
+ at Wichita set apart one school for
| the exclusive use of negro children.
brought an Injunction against the
| the board to prevent the enforcement
| of this rule. Judge T. G. Wilson, in
| the district court, held that separate
schools could be established but the
| supreme court reversed his decision
on the ground that the city schools
were organized under a special act
which prevented the organization OF
separate schools.
| George Ellis, the Wilson county
| jointist. will be obliged to pay that
| $1,000 to the hated assistant attor-
| ney general for Wilson county, E. d.
| Mikkesell. This is the decision of the
| supreme court in the habeas corpus
suit brought by Ellis to secure his re-
| lease from Jail.
Ellis was convicted for liquor SELL
| ing on So counts and sentenced to
pay fine of $500 and serve So
months in jail.
The county commissioners remitted
| the fine, Governor Hoch pardoned the
| jail sentence, but there was no one
who would pay Mikkesell the $1,000
| in fees to which he wes entitled for
prosecuting Ellis. Ellis asked the su-
preme court to order his release and
in the trial of the case 1t was shown
that the Wilson county Jail was in a
very filthy condition and that 1t was
hardly a. fit habitation. The supreme
court. however. says he will have to
stay there unless he will pay the fees
or get the county commissioners to
pay it. He has now served nearly a
year since he was pardoned by the
governor.
judgment for the state in the custer
proceedings brought against the city
Of Pittsburg by G. G. Coleman, former
attorney general, in which 1t was
charged that the city officers exercised
unwarranted corporate powers in col
lecting licenses from jointists and dis
reputable houses. This decision is in
accord with the one issued against
Kansas City and Leavenworth and
prohibits these towns collecting fines
in lieu of licenses from jointists. A
similar case is pending against Wichi-
ia.
Antenuptial agreements don't count,
according to a decision of the supreme
court In Miami county, G. w. Rouse
and his wife made an agreement where
by, at his death, she was not to have
his property, although he agreed "
care for her comfortably during life.
He died intestate. The court held that
the agreement does not exclude the
widow from right of Inheritance.
The supreme court decided in the
Clarence McElroy case, from Clay
county, that where a railroad stops
passenger trains opposite the depot
platform, even though tracks are in the
intervening space, that space must be
accepted as a platform, and that the
look and listen rule" don't apply.
Clarence McElroy. am IL year old boy
was struck by a passing engine at Au-
rora in Cloud county. and was injured
SO that his left foot had to be amuta-
ted at the ankle. At Aurora north
bound passenger train and south
hound train meet. The northbOund
train. arriving first, stopped on a side
track. leaving the main track between
McElroy delivered a package to a pas
senger on the northbound train and
was struck when returning to the de-
not. He recovered judgment for 5000
in the district court at Clay county and
the decision was upheld in the supreme
court.
The supreme court handed down a
decision that persons who are en-
pIoyed by an express company and
whose work is on trains. where the
express companies assume all risk OF