The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-02-06
Hold That Shawnee County
Court Acted Correctly.
MAY PLAY BASEBALL.
Held That 1t Doesn't Violate
Sunday Law
Insane Man May Be Convicted
OF Murder.

decision or the Shawnee district cour1
disharring Anthony P Wilson and a
P Tone wilson Jr.. from the practice
of law in the courts of this state The
supreme court held that where tive
attorneys at law are jointly charged
as together doing acts which If proven
justify the disbarment Of each. It Is
not erroEho refuse a separate trial but
they may be tried together and one
may be convicted and one acquitted
or both convicted or acquitted accord
further that in disbarment proceed
ing where many charges are made dis
barmsnt can be incurred where but one
OF the accusations are proven.
The court held that while the courts
are not the curators Of the morals OF
the bar and should not take c0gufzance
Of solitary immoral act Of member
thereof not amounting to a crime and
unconHeetsd with his duties in court
stiu. as attorneys are officers OF the
court. the courts have the inherent
power to disbar such as, by q persist
ent course of immortality or dishonesty,
bring diStrust and reprOach upon the
aGmi inlStratiOu of Justice
The grievance committee Of the Shaw
nee County Topeka Bar association
had fled complaint in the district
court OF these defendants After q full
and fair trial IN which eminent MEN,
bers of the bar were engaged upon
either side the court found the appel
Iants guilty
The supreme court held that the low
ct court had jurisdiction in this mat
ter and also that the charge that the
defendants had refused on demand TO
pay over money in their hands belong
ing to their client vas sufficient ground
for diSaarment- The court held IN con-
cIuSiou that: The court has the iuher-
eut power TO require OF its officers al
least common honesty and iecency-"
State Lost Custer suit
H ". Cox, the public administrator
Of Wyaadotte county will not be GUST
ed from office This was the decision
day, in which Il was held that rhe spe-
.cizI act under which this Office was
created was constitutional The action
to oust Cox from his office was brought
by the attorney general OF the state on
the contention that the law was in
valid being d violation Of a later act
passed by the legislature regulating the
force and effect Of special acts. so many
of which have been enacted as TO make
their number intOIerabIe- But the court
held that the people OF the state when
they voted in 1906 to amend the consti-
tuition IN regard TO special acts did not
intend to authorize vocation of the
rule which had been acquIeSced IN and
acted upon BY the legislature and the
courts and the people for a half a cen
tury should be violated for to do 50
would be TO disturb important rights
which have rested secure for years
Cox was elected to the office Of pub
lie administrator Of WyandOtte county.
under an act OF the legislature passed
in 1903 creating and prescribing the
duties of this office and the defendant
was exercising such duties when this
action was brought against him
In the closing paragraph Justice
Graves who rendered the decision,
said: We therefore decline 10 con-
70
the provisions Of this section Of the
constitution or not The writ is de-
MED
Can Play BAH sunday in Kansas
In deciding that there is no law in
Kansas at the present time which pro-
hTbfts the playing of baseball on sun
day the Kansas supreme court de-
votes several pages OF a learned de-
cfSiou regarding the history of base
ball The case was decided by Justice
Porter on the appeal OF Ernest Prather
from Johnson county Prathsr was
convicted and fined for playing base
ball on Sunday and appealed to the
supreme court IN its decision the
court SAYS that baseball can not be
cIassed as a gamblers game and that
the youth of the land are encouraged
bv tea cherS and parents to become
proficient in II as an athletic sport
helpful to the mind and body Its
freedom from all immoral tendencies
has made It the acknowledged national
sport a game the popular interest in
which continues UuvaryIuE. leEeIug al
class distinctions, says the court The
opinion further says that the IegisIa-
ture can stop the playing OF Sunday
baseball but to do so it must pass a
Law on the subject and not make il a
part of law which prohibits horse
racing, cock fighting or card playing
The Katy Disseminated.
\ railroad company must perform
the same service for the same rates
under the common law or It is dis
eliminating. according TO the decision
of the kansas supreme court IN the
suit OF the Missouri. Kansas & Texas
Railway Co. against the New Era
Milling Co of Arkansas City The
milling company shipped some -four
and connecting lines at one rate and
then found that the Katy had lower
rates for the same distance over an
other line The milling com pzuy
brought suit 10 recover the excess,
not under any statute. but under the
common law that a carrier should
perform certain things at a certain
price for every one The railroad
coutended that as long as the rates
were reasonable no damage could be
collected even though there was dis
elimination The court held that this
was a false position and that dam
ages could be collected for the dis
elimination
Insane Dodge Did Not Work.
A person may be insane but still
have the power OF discriminating be-
tween the right or the wrong Of an
act and If he has that power he Is
liable for punishment for a criminal
offense. Charles w Arnold shot and
killed Timothy Riggs in Sumner
county He was convicted Of murder
taken TO the supreme court on the