The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-14
WOrkmen's Compensation Law
Is Sustained.
Kansas /. and II. Law Upheld
in Hutchinson Case.
OTHER DECISIONS OF TODAY
Pie Makers Must Be Careful of
Materials.
Eeer Wagon Ordinance Case.
Has Its Innings.

0CCI V0SVA OAuAnoMCO O0cO
Has Its Innings.
In two decisions today the supreme
court upheld the validity of the work.
mems compensation act. Decisions
in cases from Wyandotte and Frank
lin counties both favored the labor
law.
The supreme court held that a man
who is injured and seeks damages
cannot receive the pay prescribed by
the Kansas workingmen's compensa-
ton law and also under the common
law.
E. F. McRoberts was injured while
an employee of the National Zinc
company in Kansas City, Kan. He
was injured and brought a suit for
ton law, and $4,000 damages under
the common law. The district court
in Wyandotte county allowed trial
OF the case under the common law
and McRoberts was given $2.5OO
The case was appealed to
the supreme court and the lower court
was reversed on the ground that when
an employer and employee are under
the Kansas compensation law, the
amounts provided in that law for in
3uries must stand.
The court upheld the validity Of the
compensation law in every particular.
In the suit of James H. Gorrell against
A. c. Battelle, appealed from Frank
lin county. the court held that the pro-
vision Of the law that all hazardous
industries were subject to compensa-
ton unless a statement to the con-
trary is filed with the secretary of
state, Is sound, and that compensation
cannot be lodged by q manufacturer
who failed to file a notice.
The 1. and n. in Hutchinson.
The Kansas initiative and referen-
dunn law for the cities governed by
commissions is constitutional. accord
ing to the ruling of the supreme court
in the suit of the county attorney Of
Reno county against the city commits
sioners Of Hutchinson.
There was a fight in Hutchinson
over the closing of a park on Sunday.
The city commission refused to pass
an ordinance to permit the park to
run on Sunday and then refused to
submit the ordinance to vote CT
the citizens under the initiative and
referendum provisions of the city
charter. The lower court and the SUI
preme court held that the ordinance
should be submitted to a vote of the
people and that while the law con-
ferred legislative powers upon the cit
liens it was not invalid but was
proper part of city government
Must Make E'uf0 t1e.
A pie maker who puts impure arti-
cles into his pies is liable Tor damages
which may result to any person who
eats the pie. TiGs was the ruling OF
the Kansas supreme court today in
the suit of Elizabeth Parke and. her
children against the c. c. Yost Pie
company. The district court allowed
a verdict Of three thousand dollars
against the pie company for the death
of Robert Parke. 1t was shown at
the trial that a pie purchased by Parke
gave him ptomaine poisoning. The
court held that the manufacturer OF
food must use every care that the In
gradients are wholesome and not liable
to cause sickness or death even though
the pie may be kept In stock q day or
SO before it is consumed.
Test Beer Wagon Law.
The supreme court reversed the wy
andotte county district court in the
appeal of Clay Miller against w. w.
Gordon, chief of police of Kansas City.
Kan. Miller was the driver Of a brew
cry wagon and was arrested by the
chief of police for violating the city or
dinance prohibiting the driving of beer
wagons upon the streets of Kansas
City, Kan. When arrested Miller Sc
cured writ Of habeas corpus and was
released and the case was taken
through the probate, district and SUI
preme court on the question of wheth-
er or not there could be an appeal from
the granting of writ Of habeas corpus.
The supreme court sent the case back
Tor trial upon the merits of the ordi-
nance. No question involving the va
Iidity OF the ordinance that was in
tended to stop the beer wagons using
the streets of the Kansas town was
presented to the court at this hearing.
Decides Land Case.
Kansas City, Kan, will be allowed
To take in the land a. i-;-
city limits and extending to the city
water plant, under a ruling Of the
Kansas supreme court. Some time
ago the city passed ordinances TAX
Ing into the city a considerable guam
tity of land between the old limits
and the pumping station. James M.
Meek, county attorney, brought a
suit questioning the validity of the
ordinances. The district court sus-
tanned the city and the supreme court
affirmed the decision.
Decide Fellay Case Again.
For the second time the supreme
court today denied a rehearing in the
Fellay insurance case. The suit in
volved the payment of $4,000 life
insurance premium and Fellay's two
widows contested for the money The
divorced wife with whom Fellay was
living when he bought the policy was
awarded the money by the district
court. The supreme court refused to
set the judgment aside and pay the
second Mrs. Fellay. An application
for rehearing was granted and the
court adhered to- its original deci-
sion. Then a second application for
= rehearing was made and the court
became persistent today and refused
to inquire further into the merits OF
the case.
SUPREME COURT DECISIONS
BY JOHNSTON, C. ].
NJ. G. Pierce appellant VS.. Maurice