The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-07
GOES TO PRISON.
F.H. Tillot>on, Detective, Is De-
MED a New Trial.
Was Convicted of kidnapping IN
cubatOr Baby.
GOODRICH LOSES SUIT
Not Entitled to Superintendency
City Light Plant
Failed to Take the Civil Service
Examination.
GOODRICH LOSES SUIT

O..
IN nrison for his participation IN the
1,iaranirs of Marian Bleakley. the in
cubator baby. Tinotson and two other
mon ACCOMPANIED by Mrs. Stella Bark
1ev the foster mother OF the baby
vent to the home of Mrs. Charlotte
Blaatz1e, in Topeka two years ago.
knocked down a cousin of Mrs Bleak
lev grabbed ths child and escaped
Trbe nartv drove TO Atchison in mo-
+or car and then went to Kansas CITY
nv train. Mrs. Barkley. Tilotson ana
JoseDh Gentry were captured in Kan
sas CITY. David Gregg, the alleged
+aird kidnaper. was arrested IN 10
peka. but later released.
on account of the feeling in To-
peka regarding the trial OF the lncupa-
Tor babv and her mother and the IONS
litigation in the Kansas limos anu
Missouri courts and even III the Leu-
eral court here. the kidnaperS askeu
a change of venue and the case was
tried in Jackson county Ihe tfldl
lasted more than a week and Illlol-
son was convicted and sentenced 70 tgI
Years In prison. He appealed TO the
s',1lre,le Court on purely legal and
technical grounds The entire history
Of the litigation over the custody OF
the child was gone over by lne loMeI
court and in the supreme court ana
ANeAAA~eto
; creme court held that Marian Bleak
lev should be in the custody OF her
real mother. Mrs Charlotte Bleakiey' /
and that Mrs. Barkley's efforts 10 op-
tain possession constituted IdnaplnS-
The case against Mrs Barkley mas
been dismissed and that against Gen |
try is still pending, awaiting the de
cision in the TillOtson case Marian
BIeakley was born in St Louis ana
was a part of the incubator baby eX-
Ia fair
TarkIey adopted her. The real mother |
afterwards claimed and obtained pos |
session of the child.
The old soldiers preference law is a
good law so long as it does not con-
flict with the civil service rules under
the commission form of government,
then it is worthless. So holds the su-
preme court in the case brought by h
X Goodrich. candidate for the appoint
ment as superintendent of the Topeka
electric light plant. against the mayor
and city commission of Topeka
Goodrich is an old soldier and had
been superintendent of the electric
Night plant under the old council form
Of government for many years When
the commission form of government
was adopted it was provided that that
place and other public service appoint
ments should be filled from a certified
list Of candidates who had eXcelled III
the civil service examinations. When
the examination to fill this vacancy
was held Mr. Goodrich did not take It.
Others did take it and MI Goodrich ap-
piled for the appointment along with
those who passed the examinat ton. His
application was made under the old SOL
diers' preference law which provides
that an old soldier qualified to hold a
position 70 which ne seeks appointment
shall he given preference over candi-
dates who are not old soldiers.
The ma yOr and city commissioners
paid no attention to the Goodrich ap-
plication and proceeded to appoint an
other who was not an old soldier. Mr..
Goodrich brought proceedings in quo
warranto in the supreme court to force
his own appointment The supreme
court does not sustain Mr.. Goodrich in |
his action. 1t holds The statute re-
quirina certain appointments in cities
operating under the commission form ,
of government to he made from Ger
titled list of candidates who have ex-
celled in a civil service examination is
not limited i'm its operation bv the |
ment Of an ex-soldier whenever one
who is competent is an applicant for d | !
position in the public service
The supreme court today denied the
p appicatlOn OF the incOrporators of the I
Central State bank of Abilene for a
mandalnus to compel the state charter !
hoard to grant permission to establish ,
n ,
tention Of two members of the board
that II had discretionary powers un-
Ger the law restricting the banking
4iSInesS of the state. The court held +
~ its decision that, The business of :
lsanking is so intimately related to the
public welfare that it properly falls
WITHIN the scope of the police power
OF the state. eNercisabIe by the legis-
lature The decision makes it per .
fectly plain that the charter hoard
snail exercise powers of discretion in
passing upon applications of new !
panks IN any community. In the Abb
lene case there were already +1,rs,o s
banks and a fourth had been granted l
a charter at that session of the board {
but the fifth application that of the !
central state bank. was denied T y
DoileN, bank commissioner and Chas
sessions, secretary of state. voted in
the negative and John Dawson. at
torney general voted in the affirma
tive and in favor of the fifth hank {
dence introduced before the charter {
board at this hearing. showed that {
there was not enough business II, tl7a+
comm unity to support even four har7I-s, t
and that the public necessity did ro+ {
Justify the esta ahlishment of the fiftb {
2ank. me charter board regarded the
statute. giving 1t the powers to reeyu / f
late the banking business. as manda
tory. and .he supreme court toIds
shat the law is constitutional
Ihe contention of the attorneys for
the bank was based on the nronosi
ton tnat all men are possessed Of
equal and inalienable natural rights
among which are life. liberty and tbs 7
pursuit Of happiness" under the con :
The court. however Io45-
that the right to liberty and the ~ ?