The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-09
OIL LAW is GOOD.
Supreme Court Upholds Maxi
mum Rate Law.
Missouri Pacific Must Pay Tuck.
er Over Charges.
WINS A TREE SHIT
WINS A TREE SUIT
City Has No Right to Ruthlessly
Destroy Shade Trees.
Reciprocal Demurrage Law Held
to Be Legal, Sometimes.

company appealed from Osborne
county holds that the maximum
freight rate law of 1905 fixing rates
for the transportation of oil in Kansas
is constitutional. The court holds thai
unless the railroad makes complete
disclosure of all of the facts relating
to the rates and the revenues of the
companies affected the companies can
not attack the law on the ground that
the rates are unreasonable. And the
court further holds that the Missouri
Pacific made no such proof in this
case.
the southeast Kansas field to Osborne
and the railroad company charged
above the rates fixed by law. He sued
the company and recovered a judg-
ment for $500. The company appeal
ed on the ground that the law was
unconstitutional for several technical
reasons and that the rates were un-
reasonable and that the legislature
had no right to pick out one COM
modify and fix rates upon it. The rail-
road contended that the legislature
had to make maximum freight rates
on all commodities or none. The court
denied all of the company's conten-
tions and then added that the COM
panys attempt to prove the rates un-
reasonable was open to suspicion of
want of good faith as it did not give
prove its single contention.
A section man working at repairs
on a railroad track is protected by
the Kansas fellow-servant law and is
entitled to damages when another en-
ploye of the same company through
negligence Injuries him. Benjamin
Smith was working for the Missouri
Pacific in Anderson county when he
was injured by another employe. In
his claim for damages the railroad
company maintained that it was not
liable for damages on the ground
section worker could not be protected
by the general railroad law protecting
employees from the negligence of 9TH
ers- The Kansas court held that this
view was in error.
Major G. B. Remington won his tree
suit against the city authorities of
Osawatomie. The major had fourteen
fine shade trees in front of his home.
One night the council decided to put
the majors sidewalk on grade. This
meant that the trees would have to be
cut down because they were above
grade. The major protested. During
his absence from the city one day the
city authorities went down there and
chopped all of his trees down. He
sued for damages. The district court
decided the case against him on the
ground that the city had the right to
cut the trees. The major appealed
and the supreme court today reversed
the decision of the district court. The
court held, in its decision, 'That there
was no reason or public necessity for
cutting the trees down, therefore, there
is no protection or defense to the Off
Ger who cut them down, and action
was brought against him to recover for
their injury and loss
In a decision affecting the title to
some property in Bourbon county, the
supreme court took a fall out of a lot
of preachers who conduct the Garret
Biblical institute. The preachers claim
ed that in a suit filed to secure posses
sion of some land which they claimed
TO own that they had never been served
with proper papers. In fact, they de-
MED that they had been served at all.
The supreme court took occasion to
differ with the preachers in this re-
gard and virtually put them in an
Ananias club of their own, by holding
that they had been served with the
papers, and in proper form.
In the suit of the Udall Milling COM
rany against the Atchison, Topeka &
Santa Fe Railway company appealed
flom Cowley county the Kansas su-
preme court holds that the Kansas re-
ciprocal demurrage act is good and the
penalties hereunder may te collected
provided there is no congestion of traf-
fic or increase of business SO unusual
that the company could not furnish the
cars asked for. The milling company
asked for a certain number of cars De-
cember 29, 1906, and paid the railroad
charges as required. 1 did not receive
a car until February z. 1907, a delay of
Sc days The milling company brought
suit for damages under the reciprocal
Cemurrage law and held that it was
{ ntitled to damages ordinarily but the
railroad company was able to show that
the increase in business and the con-
gestion of traffic was such that it could
deliver cars only as it could get them
and 1t had to distribute the cars ac-
cording to the business done and the
time the orders were received. Be
cause of this congestion and unusual in
crease in traffic the company pleaded
that it could not get the cars in time
to give them TO the milling company
on the dates requested and sent the cars |
as quickly as possible. This plea was |
euf1cient to cause the supreme court to |
hold that the milling company was nos /
entitled to damages.
]. M. Nation. state auditor. must |
register the bonds issued by Garden /
City for the Garden City Gulf & |
Northern Railway company under |
writ of maudamus issued by the su-
preme court today. Garden City vot-
ed $4,000 in bonds to the railroad |
for right of way, depot grounds and /
terminal facilities. The state auditor
refused to register the bonds on the
! showing which proved that It had
expended that amount of money for
The property. The auditor held that
The company had to spend the money
IN Garden City and could not take it
'or other purposes. The supreme
court held. however. that the auditor
ffSoutfnued On paoa Fro11rN