The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-08
Supreme Court Against Sup
Elemental Books.
Use of Them Illegal in Her
Lawrence Case.
THE INJUNCTION GRANTED
Only Text Book Commission
Books Be Used.
Man Who Disappears Years
Is Dead.

Use of supplemental school books in
Kansas is illegal under decision OF
the supreme court today in the suit
brought by Attorney General John s
Dawson against the board of education
of the city of Lawrence. Only such
books as are actually prescribed by
the school text book commission can
be used in the school rooms under the
ruling of the court.
The decision of the court today de-
termines finally the controversy over
the use of supplemental books ana
subjects school boards of Kansas to
prosecution under the criminal law
where violations of the school text
book law occur. An injunction was
sought against the Lawrence board
and the supreme court held that the
petitioners were entitled to this writ.
Dr. Eva Harding of Topeka started
the fight on the supplemental books.
After a lengthy row with the Topeka
board of education, she laid her trou-
bleS before Attorney General Dawson
and he brought the suit in Lawrence
which today puts the use of all sup
Elemental books out of business The
first case tried under the text book
law was brought in Topeka, when Dr.
Harding enjoined the board of educa.
ton from purchasing supplemental
books and permitting their use IN the
school rooms without the vote OF the
taxpayers. An injunction was granted
in this case and the use of books not
prescribed in the regular course OF
study as outlined by the text book,
commission, was ended.
But the situation in other towns was
different. In Lawrence, the supple
mental books were ordered and the
students were compelled to buy them
1t was claimed by the instructors IN
the school rooms that these DOCKS
IN a hn
regular texts did not furnish suff1-
cient work for the term. Evidence
was then offered which showed that
in certain instances the supplemental
books had been given the preference
and being used before the regular and
prescribed texts were taken up
After hearing the evidence, how
ever, the Douglas county district court
held that the Lawrence board was act
ing fully within their legal rights and
refused to restrain the use of the
books. The case was then appealed
to the supreme court. which today
held that the state was entitled to an
injunction and that there is no legal
provision for the use of supplement
tary texts.
Jubilant over winning the case,
Hugh T. Fisher, who acted as special
attorney for DR.. Harding, declared to-
dav that the decision of the supreme
court meant a complete check against
the use of supplementary text books
that information of future violations
of the law would be carefully investi-
gated and that in all cases where
school boards persist in using these
books. that criminal prosecutions will
be filed. The law makes the use of
these books a misdemeanor.
The supreme court held today that
a shipper who recovered damages was
entitled an attorneys fee from the
railroad company and that the rail-
road company was not entitled to the
same fee if it had won a similar case.
J b Vosburg, of Edwards county,
brought suit against the Atchison,
Topeka & Santa Fe Railway company
for damages because the company fail
ed to furnish him cars for the ship
ment of wheat. He was awarded a
verdict and a fee for his attorney.
The railroad company appealed the
case on the ground that if it had won.
there was no provision in the law
which would entitle the railroad to
collect fee and hence denied the rail-
road the equal protection of the law.
The supreme court held that this pro-
vision of the law did not deny the rail-
roads equal protection with every citi-
zen of the state.
The supreme court has held valid the
polltax law enacted by the legislature
of 1911. The suit was brought by the
city of Winfield against Roscoe Bell
in which . city had Bell arrested on
a misdemeanor charge for failure to
pay the annual polltax- Bell resisted
the payment of the tax on the ground
of a defect in the legislative enact
ment. but the supreme court held that
the law was good and that the tax
must be paid
A man who has disappeared for a
period of seven years is considered
dead under the Kansas law and the su-
preme court today ordered the Modern
Woodmen of America to pay to Jane
Caldwell. of Wichita, the value of an
insurance policy she held on the life
of her husband w. H. Caldwell. Cald- |
well took out insurance in the order |
I'm 1890 and paid up all of his assess
ments and dues until 1902. when he dis |
appeared. The last heard of him. he !
was was sick with smallpox in Cali |
fornia. His wife continued to pay his |
premiums until 1910, when seven years |
ha wing elapsed since her husband had |
been heard from. she quit paying the |
dues and asked that the insurance |
policy be paid. The insurance company |
ground that before it could be collected |
of the policy holder must have expired |
instead of the usual provision that a |
disappearance for seven years consid- |
cred a person legally dead. Mrs. Cald- |
well would have had to wait about 20 |
wears before she could have COL |
Iected the insurance policy under |
the claim of the company. but |
the supreme court held that the seven /
wears disappearance constituted legal |
death and that the insurance must be |
paid.