The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-08

spection is requested. 1t is a decisive
victory for the shippers.
The court held that the act did not
provide for compulsory inspection OF
grain except in public elevators; also
held that the Kansas City elevators as
now operated are not public ware
houses. Generally speaking, the court
holds that the law is applicable only
where inspection is requested by the
owner.
The ,aw as passed. by the legislature
made substantial increases IN the IeeS
charge7 for inspection and weighing
of grail The elevators in Kansas
City, Kansas, at once rellnqulshe91
their bonds as public warehouses ana
refused to pay the inspection fees au-
thorized by the law. The attorney
general then brought manoamus us
proceeding to compel the railroads to
collect inspection fees for all grain go
ing int, the elevators and pay th1s
money - the grain Inspection Depart
ment 1t was also asked that tne ele-
yators who had relinquished their
nnhIic warehouse bonds be required
to renew the bonds, permit Inspection
and pay the inspection and Weighing
charges. About 5000 Kansas grain
dealers and shippers through various
organizat tons, and individuals, inter
yened il. the suit and became defend
ants. The railroads were merely
in the fight between tne
grain Shippers and handlers and the
state, arc really had no direct inter
est in the contest. The court appoint
ed Frank Foster of Topeka commls-
sioner to take evidence and make md
ings. He found that inspection was
not compulsory an. the court susualn
ed him m this. He also found that
the elevators were public warehouses,
hut the court reversed him on this
point. Mr. Foster did his work SO
that the court awarded him
81 600 extra as fees for his services.
ssTha statute expressly requires"
saws the syllabus, "all grain going into
or coming out of public elevator TO
be insDected by officers of the state
grain department.; no such express re-
9uiremaJ.t is made with. regard to 9TH
er grain and upon a consideration of
the entire act inspection thereof is
held not to be compulsory, the pro-
visions Of the statute with regard
thereto reing construed as referring
to inspection made upon requests of
the owlIer.
IAN elevator in which the grain of
differen- owners is kept entirely sepa-
same owner delivered at different
times IS mixed together, except where
he directs otherwise, is not public
elevator within the meaning of
statute providing that all elevators or
wareho located in this state in
which grain is stored in bulk, and in
which the grain of different owners is
mixed together, or in which the grain
is stored in such a manner that the
identity of different lots or parcels can
not be accurately preserved, and do
ing busir ess for a compensation. are
hereby declared public elevators
'sThe fact that the operator of an
elevator reserves the right to mix the
grain of different owners has the same
effect in determining its public char
acter as though the grain were actual
ly mixed
Justices Johnso=- and Benson dis
sented holding that the writ of man
damus should be allowed.
ScoIds 'eMayoress'' of HunneweH
The Kansas supreme court admins
tered a severe scolding to Mrs Ella
Wilson, mayoress of Hunnewell and
the men councilmen of the little city
and then refused to oust the council
men and gave them chance for their
white alley"
The court retained Jurisdiction of the
case so that if the councilmen "acted
up.'' the court could summariIy kick
them out of Office on proper future
showing.
The court says that by reason OF To-
cal gossip and newspaper publicity
council meeting at HunneWelI became
the chief attraction and amusement for
the little town and the country for
miles about People actually came miles
to attend the ''unseemly and disordcrly
gatherings which accomplished little
except the entertainment of the assem-
bled crowd The alleged discourtesy
Continued on Pag Two.)