The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-05

charges were not sufficiently specific tc
allow the companies to make proper
pleadings The supreme court reversed
| these orders, holding that where the
| language of the statute is followed Ii
making the charge that the information
must be held good as it is often i'm
! possible to secure before the trial the
specific evidence op which the general
charge is based.
The Kansas City, Kan. park board
was ousted by the Kansas supreme
court today. When the commission
government law was adopted in Kan
sas City, James Sullivan and the other
members of the park court cOntended
that they were working under a statute
that the commission law did not repeal
and that the work Of the park depart
ment was not absorbed by the commits.
sion when it came into power. The case
was brought in the supreme court un-
der quo warranto proceedings to oust
the mem bers of the board and the
court ordered them removed from Of
fee.
All the legal steps in the way of
the issuance of city hall and water
works bonds in Kansas City were re-
moved today when the supreme court
sustained the district court in it's de-
cisiOn that the bond elections and is
ted the bonds for the two big improve
ments the bond brokers contended that
the commission and bond laws were not
sufficient to make the bonds valid and
they refused to purchase the bonds un-
less there was additional legislation or
the supreme court held the bonds good.
A friendly suit was started in the dis
trict court and it was appealed to the
supreme court where the bond issues
were upheld.
A corporation is just as amenable to
the Kansas weights and measures law
as a private corporation, under the de-
cision of the supreme court today in
the suit against the Belle Springs
Creamery company. The weights and
measures law provides that packages
of foods must contain a net weight. the
wrappings not being allowed to be
counted in. The state board of health
brought a suit against the creamery
company at Salina on the charge that
fifteen packages of butter were about
an ounce short on each pound, the
wrappings and butter together weigh
ing a full pound.
In the justice court the company
was found guilty and was fined one
hundred dollars on each count, the
total fine being fifteen hundred dol
district court and Judge r. S. Rees,
then judge of the district court, now
the Republican candidate for congress,
threw the case out of court on the
ground that the law did not provide
any punishment for a corporation
that violated the law and gave short
weights. The law did provide penal
ties for persons and firms but made
no specific provision about corpora
tions. The case was taken to the su-
preme court and the decision of Judge
Rees was reversed today.
RI ho
board of health as it has a large num-
Der of cases pending in the hands of
county attorneys which were waiting
for the decision in this case.
The Kansas supreme court handed
down a lot Of decisions in liquor cases
today. Sherman White was convicted
of maintaining a nuisance in Lyon
county. A man had given White per
mission to keep beer in a hay NOV.
White had some chairs and a sofa for
his guests In the hay NOW. One day
the sheriff found White and another
man drinking beer and eating crackers.
In the trial it was not shown that
White ever sold liquor in the hay NOW
but it was contended that the hay NOW
was place where people resorted for
the purpose of drinking liquor and this
was held to be a nuisance The supreme
court sustained the decision.
In the case of W. J. Kaemmerling,
appealed from Crawford county the
supreme court ordered that witnesses
who failed to appear at the trial
should be attached and fined for vio-
ation of the court order. Kaemmerling
ran joint and was arrested. The
witnesses refused to appear unless
they were given their fees in advance.
The court refused to compel the at
tendance of the witnesses and the as
sistant attorney general appealed to
O VI hn1T
ordered the lower tribunal to compel
the witnesses to appear.
The other liquor cases were settled
by the court without discussing any
new features of the prohibitory law.
The supreme court has affirmed the
conviction of John Callahan in Sumner
bank Callahan is now in Jail at
charged with receiving and
disposing of stolen property from post
offices. He was convicted of robbing
the bank and is now out on bond on
that charge. While his appeal was
pending he was arrested by the federal
officials on the postoffice charge and
is now in Jail. There is a legal uues-
uon involved which may cause
clash between the state and federal
courts. Here is a man convicted and
sentenced to prison that is in the Gus
tody of the federal officials and the
state can not get him to punish him
Tor his crime against the state until
the government has finished prose-
cutting him for his crime against the
government. Callahan was indicted
with F. S. Burt, chief of police, and
l. 5 NaftZger. president of the
Fourth National bank at Wichita, for
completely in receiving and disposing
OF stoIen government property.
(Couttnued On paze pJ11+