The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-04-14
LEGAL.

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waters or bed Of = public stream could
be acquired through private use or &C.
cupancy. whether adverse or by permits
sion. however long continued. OF by Pre-
scription.
V In Kansas all the legislative power
that the people possess IL vested In the
legislature. and 1t 10 within the powen OF
the legislature to conserve the use OF tne
products of the public streams Tor the
benefit OF all the people by Imposing
royalty upon the taking thererom OF
sand for commercial purposes, SO long
duty to hold the title as trustee for the
benefit of the people, or to interfere with
the superior rights OF congress to control
navigation.
6. Chapter 80 of the Session Laws OF
1913 originated In the house Of representa-
tives as house bill No. 219. 1t regularly
passed the house on three separate reao-
ings and went to the senate where 1t was
| read twice separately and referred TO the
judiciary committee. The committee re-
ported another bal az substitute. the
| body Of which differed essentially from
the original but the title remained the
same. and thereafter the bill was known
| as substitute for house bill No. 2S, and
and the house. AS the title of the bill
remained the same and the substitute IL
germane to the title and the result &C
! inaI bill had been amended in respect
! Of the new matters contained in the sub
| stitute bill; HELD that the two separate
readings Of the original IN the senate ana
the previous readings of the ortgina! In
the house should be treated as sufficient
| to make the final passage OF the sub
stitute bill in both houses a passage upon
z. Other objections to the act consid-
cred and HELD that it 10 valid and con-
All the Justices concurrtng.
Attest: D. A. VALENTINE,
[SeaL1 Clerk Supreme Court
No. 1921.
b. d. Jones. Plaintiff.
J. D. Botlin, as Warden Of the Kansas
State Penitentiary. Defendant.
Original Proceeding in Mandamus. On
Motion to Quash Alternative Writ.
MOTION OvERRULED.
Syllabus BY the Court Johnston. G. J.
l. An appointee to the position Of cell
house man in the state penitentiary Is not
an officer within the meaning of section
within the protection of the civil service
act claws 1906, CHI. $50 regulating the ap-
pointment and removal of subordinate of.
ficers and employees in the charitable ana
penal institutions of the state.
2. The hospital for the criminal tneane
is maintained in connection with the state
tI ana the are under tine com
troll of the board Of directors and warden
Of the state penitentiary ana are In Ell
feet, employees OF that institution:
d..
writ examined and held to state a cause
of action in mandamus to compel tho
waroen Of the state penitentary to re-
store the plaintiff to the position form.
erly held by him as dollhouse man OF
tho state penitentiary.
All the Justices concuET1ng.
Attest: d. A. VALENTINE.
[Seal1 Clerk Supreme Court
No. 1858.
G CSSlvrooro (Revived n the name Of
Elisabeth Gilmore Dickinson, Appel
lant),
The Royal Salt Company. Appellee.
Appeal from Ellsworth County.
AFFIRMED.
Syllabus. BY the Court Mason. J.
In an action for relief by Injunction
against the maintenance Of a salt dump.
resulting from the operation OF a salt
mine, the petition alleged that 1t was not
protected by any cover. and that the
action of the rain and snow caused the
salt to dissolve and sink into the soil.
resulting in the pollution OF the water un.
DERIVING the plaintiffs land. The court
limited the relief to q requirement that
it should be provided with a cover. Held.
that II tho character of the dump is
nuisance was due to the absence OF q
cover, the relief granted was adequate,
and this question was one of fact upon
which the decision of the trial court 10
controlling.
All the Justices concurr1ng.
Attest: D. A. VALENTINE.
TSeal1 Clerk Supreme Court