The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-07
1T MUST Be GOOD.
Supreme Court Lays Down Law
to Stock Exchange.
Holds Order Over Its Head Like
Sword of DamOcles.
PRACTICES ARE BAD.
Boycott of Other Dealers Must
Cease.
Belief in Spiritualism Not Evil
dence of Insanity.
PRACTICES ARE BAD.

Some of the practices of the Trad
ers' Live Stock Exchange, operating
the stocker and feeder market in the
Kansas City stock yards, are vicious
and illegal, according to the Kansas
supreme court. But the exchange will
not be dissolved and if it continues to
operate legally and to the best inter-
est of the people who have business
with its members it will not be dis
turbed. But if the exchange should
take UP again the boycotting of mem
bers who traded outside the exchange
the supreme court will take up the
case again and administer the proper
punishment.
The supreme court affirmed the de-
ctsion of Judge l.. c. True of the dis
trict court of Wyandotte county in
the antitrust case. But the order dis
solving the Traders Live Stock Ex-
change was stayed and the supreme
court retains control of the case, in
much the same manner that it retains
control over the business of the In
ternational Harvester company.
The supreme court, in its decision,
says that the exchange has a good and
lawful purpose and as long as it pur-
sued it's. business it ought not to be
disturbed. But the court continues:
1.-THE trouble is that these traders have
never been able to resist the tempta-
ton to grasp the reins of the market
and sit in the seat of monopoly. If
the rules of the exchange were modi-
fled. particularly Rule 10, and the
functions of the organization were con-
fined strictly within their legitimate
field, there would be no occasion for
a judgment of dissolution. If, how
ever. it cannot operate without cur
failing the full free and fair diffusion
of the benefits and opportunities of the
Kansas City market, it ought to be dis
solved
The supreme court today held in a
case appealed from Riley county, that
the fact that a person believed in
spiritualism is not of itself q sufficient
fact to warrant the supDosition that
that person is insane. The court held
further that insanity in near relatives
does not necessarily tend to establish
insanity in other relatives of such in
sane persons. The case in question
was appealed by Agnes NJ. Fish and
Anna M Phalen against B. A. Fore
man and Jacob Heer, trustees for the
estate of Mile r. Sherwood, deceased.
The appellants claim, who are sisters
of the late Mrs. Sherwood, that she
decided away her land while insane and
unable to make a valid deed. The
lower court held that the deed was
valid inasmuch as Mrs. Sherwood was
sane. The appellants in this suit in
PRODUCED evidence as follows to show
insanity
That in 1886 she was sandbagged;
in 1892 she was hurt in a street car
accident, and before either of these
misfortunes had occurred she had been
struck by lightning. 1t was also shown
that at the time she executed the deed
in question she was suffering from an
unusual severe pain in the bowels and
headache and it was also alleged that
she was a student of the doctrines of
Spiritualism. The supreme court held
n Il, r.rN1 in l1n
face of all of these allegations, in spite
of all of her misfortunes and notwith-
standing her belief in spiritualism.
The supreme court today decided
that old, old question, that a property
owner must pay for the sidewalk con-
structed in front of his property by
the city. This case was appealed from
Greenwood county by H. W. Manning.
Mr. Manning refused to build side
walk when ordered to do so by the
city. The city had a sidewalk built in
front of the Manning property and
levied 1cial tax against the prop
erty to pay for it. Manning appealed
to the supreme court and the latter
holds that a city has a right to levy
a special tax to pay for such improve
merits when it is ordered made by
ordinance.
The Kansas supreme court will not
help in recovering excessive freight
perior Refining company shipped some
oil from Bartlesville. Ok, to Long
ton, Kan. The published tariff rate
to points near Longton was seven
cents per hundred pounds, but TO
Iongton from Bartlesville the pub
lished rate was 81 cents. The agent
at Bartlesville misquoted the rate to
Longton and the refining company
made a shipment and paid the seven
cent rate. After the oil got to Long
ton the railroad company demanded
the excess rate and the refining COM
pauy refused to pay. The railroad
brought suit to collect the excess fec,
but the lower court and the supreme
court both held that as it was an in
terstate rate, the state court had no
jurisdiction and that the railroad must
suffer the loss or collect through the
regular federal channels.
If 3 merchant, desiring to shade
his show windows, builds an awning
that projects out over the sidewalk.
it is necessary that the merchant keen
a watchful eye on that awning and
that it never becomes weak or loos-
ened. This is the decision of the Kan
sas supreme court in the suit of NJ
w. Potter against the Rorabaugh-
Wiley Dry Goods company from Reno
county. Mrs. Potter was struck on
the head by an iron bar from the avn
ing in front of the store and in
iured. She brought suit for damages
and the lower court decided against
her. On an appeal to the supreme
court it was held that it devolved
on the store to see that the awnins