The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-12
LINE is DRAWN.
The Separate School Proposition
Is Upheld.
Supreme Court Decides the Par
sons Case Today.
MUST BE GOOD ONES.
Institutions Shall Be Equal to
Those for Whites.
EX-Chief Stahl Wins Liquor Re-
pleVin Cases.
MUST BE GOOD ONES.


tried at the previous term. The most
important of these decisions is the one
that holds that the cities of Kansas
can maintain separate schools provided
that the schools for the negro children
are accessible and as well kept up as
those for the white children.
Another important decision is that in
the Allen county high school case in
which the-cOurt held that majority
of the votes cast for a high school pro-
position must consist of majority of
all the votes cast at that general cleo
ton.
The Hines VS.. Stahl and the Jacobs
bridge cases from Shawnee We're de-
cided. Judge Dana is affirmed in the
former and reversed in the latter case.
In the batch of decisions handed down
today there are a large number of re-
versals from the lower courts, larger
number than usual.
The following are the more important
cases decided which are of interest to
the state at large:
Powder Law Is Constitutional.
The law requiring coal operators to
sell black powder in packages of 121a
pounds each to miners is held constitu-
tional and not a violation of interstate
commerce by the Kansas supreme
court. In order to test the law j. H.
Williams, superintendent of the Cen
trail Coal and Coke company's mines in
Crawford county. sold powder to miners
in 25 pound packages. He was arrest
ed and fined $50 for the violation of the
law passed in 1907. The case was at
once appealed to the supreme court on
the ground that the restrictions on the
size of the packages was inViolation
of the bill of rights of the state con
stitution. 1t was also contended that
powder was made in the eastern states
and shipped to Kansas in 20 pound
packages and that any attempt to
would be a violation of the interstate
commerce law. The supreme court
holds that it was a regulation for the
protection of the miners that the 1212
state law and that the state had am
pie authority to make these regulations. |
Kansas Can Have Separate Schools.
Cities of Kansas can provide sepa- |
rate schools for white and negro chill /
dren in the grades below the high
school but the schools for negro chill |
dren must have equal facilities and be |
as easy of acces as those provided for |
the white children. The city Of Par
sons built a school for negro children.
It was located in the heart of the !
negro district but was surrounded by |
railroad tracks. Owing to the large |
tracks parents were afraid to send /
their children to the school. The |
negroes brought an application for a |
writ of mandamus to compel the Par !
negro children to attend the white
schools. The decision of the court
while not finally settling the question
in regard to Parsons, sets up the gen
eraI proposition that it must be just
as easy for negro children to get to
get tc their school building and they
must have equal facilities with the
white children.
EX-Chief StahI Need Not Pay.
In the supreme court decision rem
dered by Justice Mason. ex-Chief of
police of Topeka. Frank NJ. Stahl is
held not liable for the value of the
seizure of Intoxicating liquors he had
from Chas NJ. Hines while perform
ing his duties as said chief of police. |
The owners of the liquor are held
liable for that replivened from the
chief of police. There are seven other
cases of a similar nature in which w.
F. Lake, Geo. Knauer, Frank Keith,
E. S. Lee and E. L. Evans were sued
to recover full value for their goods
seized by the ex-chief of the Topeka
police force and replivened by them
These are decided in the same man
Nper as the Hines case. In these cases
the Judgment of Judge Dana of the
Shawnee district court is affirmed.
In his opinion Justice Mason held
that Intoxicating liquors is not sub
Ject to seizure on execution, because
the statute fOrbidS its sale except by
certain persons for restricted pur-
poses. and upon affidavit of the buyer
showing the occasion of his purchase.
Another Shawnee Case.
In the case of the county commission
eTs of Shawnee county vs. Joseph ia
cobs the supreme court held in the de-
clslon handed down by Justice Graves
that Jacobs cannot recover damages on
account OF an overflow from Bourbony
creek caused by a bridge erected
across said creek by the county com
mIssioners of Shawnee county Jacobs |
recovered Judgment in the sum of S775
In the Shawnee district court and that |
decision is reversed
The. supreme court holds that "a
county, while engaged in building a
bridge upon public highway, acts as
a subdivision of the state government
and is not liable for the negligent per
formance of such work unless made so
by statute
Important High School Decision
Before the Barnes high school law can
be adopted in any county a majority
of all the votes cast at the election
must be cast in favor of the proposi-
tion. In 1905 the legislature adopted
law providing that high schools can be
for their maintenance by a tax levy
The school must be maintained at
certain standard and all the children
of the county and city must be admit
ited without tuition.
The supreme court in decision hand
ed down today holds the law good but
makes certain requirements in the vot-
ing before it can be put into effect in
any county.
In Allen county a proposition to
adopt the law and make the city of
Humboldt high school in reality. a
county high school was voted on at
the election of 1906. In the eelction
1855 votes were cast On the propo-