The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-06
up TO The court
That Orphans Home Case In
Public Eye.
West Siders Fight Homes
New Location.

Hot feeling was aroused today over
the injunction suit issued against the
Kansas Children's Home society. I'M
mediately the Saturday motion docket
had been disposed of, the attorneys IN
the case clamored for the courts at
tention. War began at once J. y.
Larimer for the petitioners, asked tnat
the citation for contempt be hearo.
John Dawson, for the society, demand
ed that the motion to set aside the re-
etraining order be given precedence:
Judge A. w. Dana declared both had
been set for hearing. The society pieao-
ed not guilty on the contempt citation.
and the hearing commenced with the
cross-examination of Jesse Shaw.
The case presents several peculiar
points. On one side are residents own
ing property valued at $50O.OOO. On the
other side are three orphan cniiore"
and the officers of the society.
The progress Of the case has been
swift. 1t was started a week ago. Last
Saturday "a residents living in the VI
cinity of III Clay street. filed a pc
tition demanding restraining oIuei'
issued by the court, en1oining the Aan-
sas Children's Home society from NOV
ing from Oakland to it's new home. ne.
port on the petition was puplisneo IN
the State Journal. Monday morning
before daylight the moving OF the chill
dren began At $50 the sheriff served
notice on the defendants MOVING
ceased. The society was citeS TOT o CON
filed q motion to set aside the restrain
ing order. Case was brought before the
Judge today. 1897
when Court Order Becomes E1fect1ve.
Whether a restraining order goes into
effect before notice is actually serveo
by the sheriff is the crux OF the ois-
cussion in the contempt case MT
Shaw claims 1t does not. Mr.. Larl-
mer cites the story in the State Jour-
nal as constructive notice. Jesse
Shaw. president of the society, was
Included in the contempt citation. with
C. s. OFT. secretary; D. F. Shirk. su-
perintendent, and f. r. Simon attor-
ney. John Dawson. Paul Walker. ana
Mr.. Simon, members of the board OF
directors, are handling the case. MI
Walker, who was unable to be pres
ent today, was represented py Luther
Burns.
While the case is discussed in court,
three children, sole protegees Of the
society at present, wait at the Clay
street home.
Home for Children Paramount Issue.
The paramount proposition" de-
clared Mr.. Dawson, in stating the case
to the court, lis that these youngsters
be given a home-temporarily at least.
We don't know what to do with the
youngsters
You knew what to do with them
Monday morning before daybreak,
shot out Mr.. Larimer.
The court raped impatiently.
Jesse Shaw, president of the society.
took the stand as the irst witness. Mr..
Dawson continually objected to Mr..
Larimer's questions as leading, sarcas-
tically suggesting that the attorney be
sworn in as a witness. Mr.. Shaw sta
ted that DIR. Shirk called him by phone
Saturday evening-asked II he had
read the State Journal account, and
II notice had been served upon him
by the sheriff. Mr.. Shaw declared he
did not assist in the moving in the cold
dawn on Monday morning.
Before DIR. Shirk, the second witness
took the stand, he observed to a re-
porter:
Were In a bad fix. The home in
Oakland is torn up. All arrangements
to move on Monday were made on Sat
urday. Three children are at 1T Clay
street. They had insufficient clothing,
and no pillows, until some church wo-
men took pity on them. The children
are white 1t is not the intention Of
the society to keep white and black
children together"
According to the attorneys the case
will DE continued this afternoon. and
taken under advisement by the judge.