The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-06
The UNIONS WIN
Supreme Court Decides Against
Frisco.
Road Had Discharged Man for
Union Affiliations.
COMPANY MUST PAY A FINE
Grain Fees Distributed and
Cherokee JOintists Freed.
GOrdOn-Munn Case Back to
Lower Court Again.

The Kansas supreme court handed
down two important labor union cases
today. The first was a suit brought
by the state against 7. p Coppage,
superintendent of the ST. Louis and
San Francisco railway at Fit. Scott.
A. r. Hedges was employed by the
railway as switchman in Frisco
yard and he was a member of the
Switchmen's union. The railway com
pany required him to withdraw from
the union and he refused to do IT.
When he refused he was discharged
from the service of the company. The
attorney general brought a criminal
action against Coppage for discharg-
ing Hedges when the employee main
tanned his union utilization. In the
lower court Coppage was found guilty
of violating the Kansas coercion law
which prohibits employers from dis
charging men because the employees
are members of labor unions. CoppaSe
was fined and then appealed to the
supreme court. The highest court in
the state held that the fine imposed
by the lower court should stand
In the suit against Alfred Acken-
hansen from Leavenworth county the
same questions were involved ana the
supreme court ordered a trial of the
case in the district court WnAch nao
thrown out the suit brought by the
state.
Grain Fees Distributed by Court.
The supreme court IOOdy AdhuON
down a final order in the gram IN
spection case providing for distr1bu-
ton of the monies collected for the
inspection of grain since the suit was
started last July. This money was PaIo
to the clerk of the supreme court our
ing the tendency of the litigation: rms
fund amounts to about $2S,oOO' ADoue
$4,000 was collected from flVe larse
elevators in Kansas City prior to Dec. |
g. when those elevators changed from
public to private elevators. the sum
of $4,000 thus collected from the rlVe |
Kansas City elevators was tooay ps
= fhe supreme court ordered paid to the |
state grain department, and the pal
ance amounting to about SzO,OOO was
ordered turned back to the elevator
companies and the railroad ana TER
TninaI companies which paid 1t In, ana /
will be returned to the Shippers WHO
maid il. The court holds that the ex- |
penses of the litigation may pc PROP pf
erIv maid from the contingent fund OF |
the grain inspection department OF
from the governors contingent funo
and IL these funds are not large
enough to Hquidate tnese : TrrSeS'
the cost will have to await an aPpro-
priatfon by the legislature.
Poll Tax Law Upheld.
The Kansas poIItax law was held gooo
Nv +he supreme court today ana tnose
". ~ AZ not nav the tax are subject to |
q tir7a or IMPRISONMENT. S. b. Hanson, |
of Mcpherson, refused to pay tne -
Of So a year, the money TO 90 iL1o
A. GOOD roads fund of the city he
tlie Soonvicted in the lower court and
annaaIed 70 the supreme court, "nere
his conviction was sustained Inc Ia"
was enacted by the 1911 legislature anu
reouired that all male persons petWeen
Fl and so years OF age no {4retuc,azs
state except in cities OF the nrst-cld5S
Tsf I,av So a year for good roaos |
work The law prohibited men WolN-
tne ont their good roads tax as IN IoI
4 he
of actual cash
RapIS Is Liable for Defalcations.
when a Kansas bank assists de-
fauIter in concealing his theIts tne
hank is liable for the money unlawIul-
~ used under decision OF the S CO
sas supreme court today. Albert Sar-
bach of Holton, was the treasurer Oh
the Grand Lodge of Masons OF KAN
sos He kept the funds OF the loose
in the Linscott State bank shorty
before his death he began using the
Masonic funds for his personal ex-
Denses. The bank knew of this trans
action and in order to hide the defalca-
tion the bank gave him cert1hcate
chewing that he had all of the funds
entrusted to him by the Masons intact
in the bank. The shortages were not
known until after Mr.. Sarbach's death.
and then the Masons brought suits to
recover their stolen funds. The lower
amount of the shortages, $9,0S7.43.
Cherokee .Jointists Go Free.
The efforts of E. Z. Sapp, judge of |
the district court Of Cherokee county to /
keep q saIoonkeepers, who pleaded guilty |
to violating the prohibitory law, out OF
iail were unsuccessful. The Kansas SUI |
prerne court in decision handed down |
TODAY says that Judge Sapp failed to
do his duty in not pronouncfng judgment
and sentence on these jointists and the
men cannot now be punished for their |
past crimes because the SOoEI mas AosI
LAST summer John s. Dawson. "a Jrney |
General conducted numerous raids on
foints in Cherokee county and Y men
t;bftorxT law These men appeared before
Tudge Sapp in court and all pleaded gull
T1dce Sapp accepted their pleas in
neceuber and then turned them all loose
under a suspension OF sentence Win VI
darS, that the jointists appear in May OF
tbis year that sentence might be imposed
-, them If these men had conducted
tbaroee1ves as honorable citizens from
necennber TO May it was unoerstooa the
ofrfro1Inn sentence would be imposed on
IIA and that they would then pc
naroIed If they had violated the IA" IN
tRrat neriod they would be dealt with Sc
verely. - - es.,,,o s,,enende5 the
te-ceSa of the % men Governor SIuoes
sent5 +f7e attorney geenra1 to bring
o-aocSedinzs against, Judge Sapp 10 conpei
p 20 sentence those 5oindsts TO jan o5
M. 49, a fine. This suit was Drousnt anu
tha supreme court DECIDED tooay tAae ~.
tne e,s,e came too late to AFFECT these cases.
aC 1oL court said that 1T was Judge
11 Ing main duty to sentence these men
sap time they pleaded guilty. He hao
g rjght or authority 70 susPenu se NJ 49,
no ~ Nov 1912. When he did that ne loSI
untll N10s rdfction over all of the z