The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-11
Guy Gardner of Union Pacific
Ordered Released.
lad BEEN ARRESTED.
Refused to Sell Col. A. nj. Mills
One Cent Fare Ticket.
Veale Mexican Case From Shaw.
nee County Affirmed.

Inc state of Kansas must pay two
cents a mile for hauling members of
the National Guard from one point in
the state to another.
The Kansas supreme court in d.
cls1on today held that the one cent a
mile fare was unconstitutional in that
II disseminated against the railroads.
The railroads never fought the
rate, which has been in effect since
1888 until the board of railroad COM
mlssfoners made the order establish
ing the two cent passenger fare in the
state. Then the railroads held that
tne one cent rate for militia was a
discrimination in favor of the state
and against the people and that it did
not give the railroads the same protec-
ton under the laws as was given other
property interest.
Guy Gardner, agent for the Union
dclac railroad company refused to
sell Arthur Mills of Topeka, an Off
Ger OF the National Guard a ticket to
Fort Riley, two years ago at one cent
mile, after the state had issued a
requlsition for the one cent rate.
Gdroner was arrested as the one
cent militia rate law had a fine and
JAIL sentence attacked. Gardner was
hned in the lower court and filed an
application for a writ of habeas cor
pus IN the supreme court That court
held that the law was worthless todav
and discharged Gardner.
When man is held in Jail in Kan
sas and other persons are admitted to
the Jail 1t is the duty of the person to
charge of the Jail to see that no one is
injured by fighting in the Jail. Such
was the decision of the Kansas su-
preme court in the suit Of N. ]. Jack
he oft %
Allen county. Jackson was in Jail at
Humbolt and the marshal admitted to
the Jail some persons who later as
saulted Jackson, disfiguring his face.
impairing his sight and otherwise in
Jur1ng him. Jackson sued for dam
ages but the jury gave him only one
dollar. He appealed to the supreme
court and that court sent the case
back for new trial where jackson
could get his dues.
Just because a wife has no rights
that court is bound to respect in
Mexico it does not apply in the U. S. A.
The supreme court took this view of
the appeal by Anna Wilso n Veale from
the judgment of the Shawnee court
and sustained the court in its findings
in the suit of the United States Bank
ing company of Mexico against Anna
Wilson Veale. The Mexican bank
brought suit for $4,000 pesos equiva-
currency. Mrs Vea1e ir her defense
averred that she signed the notes
without her husbands approval or
consent and that therefore she and
her husband were not jointly liable for
the sum- Also that she was led to
sign the notes on the representation
that if she did not do so her husbands
interests would suffer.
The banks side Of the story was to
the effect that Veale and his wife,
w n a ant of 81.
sided for some time in the City of
Mexico. Veale while there borrowed
the sum above mentioned from the
bank and man named Judd went
his surety When the note fell due
Veale wired Judd to get the note re-
newed as he could not pay it at that
time. Judd got Mrs. Veale to sign the
renewal of the note. The statute of
limitation applied on the original note
which had been executed in 1896, but
did not apply on the renewal signed
by Mrs. Veale. The case hinged on
whether or not the wife had the right
to represent her husband in a busi-
ness transaction and whether or not
the husband was bound by her action.
The Shawnee court held that Veale
and his wife were liable for the sum
of the notes and that the Mexican
usage and legal custom in regard to
the rights of wives did not apply here.
The supreme court held the same
views, so the Mexican bank can thank
the United States laws in regards to
the right of wives for the legality of
its note held against American citizens