The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-07-09
Supreme Court Holds Stat'
Should Help Ingleside.
Auditor Must Pay the $4QC
Appropriation.
FLOOD CASE SETTLED
w. b. Henry Gets Damages a
Last Since Case Decided.
No Decision on COnstitutiOnality
of Guaranty Law.

The supreme court today granted the
writ of mandamus prayed for against
J. NJ. Nation, state auditor, by the III
eleside association. The court held tnat
the appropriation of $400 made for the
Ingleside Home by the 1909 legislature
was not unconstitutional and that the
association is entitled to such appro-
Kriation and it was the duty OF the
state auditor to issue a warrant upon
the state treasurer upon demand.
The Ipgleside Home is maintained IN
Topeka and is an eleemosynary corpor-
asion Great ed under the laws OF tne
state. The special line OF c1arl!apIe "a le
work which this association does Is 10
furnish a permanent Christian nome
for homeless and aged women ana a
temporary home for women seehlhs
employment. To enter this nome as d
permanent resident the woman must pe
not less than 65 years of age, and pay
an admission fes of $500 which is the
total amount required during her me-
1t is estimated that such women may
be expected to live between II ana IL
years Should they live ten years the
sum OF $500 paid for admission Zee
would amount to less than 5S cents
each per week toward paying their ex-
penses. So the court held that from
this IT will be seen that the home is
not maintained for the profit derived
therefrom."
An the appointments and convent
ences of a modern home are supplied 10
the inmates
The principal objection urged by the
auditor against the payment OF TINS
appropriation is that it is using pup
lie money provided by taxation 1or
purpose not public. The court SUMS
up its decision in this case as follows;
1--WE are unable to see wherein this Tp-
propriation can be fairly criticised. 1t
carries out the constitutional provision
that the state shall foster such benevo-
,ent institutions as the public good may
REQUIRE. The state has investigated
through its proper officials and founo
the association to be worthy OF assist
apce."
An echo of the Topeka flood of 1903
was heard in the decision of the su-
preme court today in the case of w.
B. Henry against the Santa Fe rail-
way, when the court affirmed the YER
dict of the Shawnee court in awarding
Henry the damages claimed in the
sum of $2,220.
The railroad company had trans
ported goods to Topeka and notified
Henry to come and take them away.
In response to the notice Henry called
at the freight depot the next day, Of
fered payment of freight for the
goods and demanded delivery of the
same, but the railroad refused the de-
mand. The next day the food came
and damaged the goods. The railroad
company claimed that the flood was
an act of God for which they were not
responsible or liable; also that the
owner called for them on a holiday.
But the court held otherwise, and or
dered payment in full of the judg-
ment.
In reversing the findings of the
Shawnee court today, the supreme
court held that the railroad company
is liable for injury to an employe who
was hurt because he had been fur
nished poor quality of oil for his
lantern and therefore could not see
his way clearly. J. W. Anders, a
brakeman employed by the Santa Fe,
was run down by train and had his
arm cut off. He sued the road for
damages. A demurrer to his evidence
was sustained by the lower court and
he appealed to the supreme court.
The higher court held that Anders
was injured because of the defective
light given out by his lantern. Re
was walking on the tracks and fell
over an obstruction. rolling under a
moving train. The obstruction looked
to the brakeman like piece of wood.
when in reality it was a spool of
barbed wire.
The supreme court held that the state
had no right to enjoin Shawnee county
from the building of levees on the
south side of the Kaw river and af-
firms the judgment of the lower court
iE refusing to grant an injunction as
prayed for by the state. The state held
that the county commissioners had not
the statutory power to condemn city
streets and builC this levee. The su-
preme court, after reviewing the law
of 1903 in regard to levees and the
amendment of that law in 1909, held
that "The legislature has the power
under the constitution, to declare by q
later act the meaning and intention OF
an earlier. one and that this inter
probation is binding in all cases."
The supreme court declined to pass
upon the validity of the guaranty law
IS regards national banks in the man
damuS suit brought by the state against
]. n. Dolley, bank commissioner. The
court in denying the writ, held that
IAN action of mandamus to compel the
bank commissioner to admit the ma
tional banks Of the state to the bene
fits of the bank guaranty law canno
be maintained until some national banl
desires and unavailingly asks for per
mission
The suit was brought by the stat,
ir the hopes that the supreme cour
would order the bank commissioner t,
admit national banks to the benefit,
of the guaranty law, thus overrulin,
the decision of the comptroller of thI
currency that national banks could no
paTllC1pdtS III the dCl- ne Suprem
court d:d not pass upon the question
at all for the reason that no nationa
bank had formally applied for permits
sion to enter the guaranty association
and therefore could not be denied sucl
permission by the bank commissioner
as alleged in the writ, until it had ap
r.lied for such permission
1t will be necessary to hold elec
tions in Wyandotte county to elect
9,,dCa of the second division of th
district court. The supreme court to