The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-04-01

Be FOU6M OUT N COURTS
Alleged Legislature Exceeded
Its Powers.
Work . Hardship and Not Give
People Better Shoes.

Joining Attorney Gentral Dawson and
every county attorney IN Kansas from
enforcing the Pure Shoe Law passed
by the 1913 state legislature was Sign
ed by Judge Dana OF the firrt division
OF the district court at noon today. The
suit - brought by the Payne Shoe
company. In behalf az the $50 retail
shoe dealers In Kansas. It IL believed
that the state will fi1e q motion to
dissolve the restraining order and
tnat the matter will be fought out in
the supreme courts- Tho petition is
attacked vigorously from the first
the penalty and publication clause.
Tho shoe men are represented by w.
A. Ayres OF Wichita and Fred S. Jack
son. former attorney general of this
The suit filed today il the climax
Of battle fought in street and lobby
ana destined to end in court The re-
tail dealers Of the state have energeti-
cally opposed the measure since the
first hint that the law would be pass
ed. They have called attention to the
fact that the pure shoe law has been
discussed In rs states and abandoned
In %. In Louisiana 1t was found un-
constitutional in direct violation OF
the rules of interstate commerce. In
Kansas the law was passed.
A1lege Conspiracy.
The 25-page compldint filed today
In the district court alleges conspiracy
on the part of the attorney general
and los county attoruoyp in Kansas.
The name Of w. e. AtcAfson. attorney
of Shawnee county. heads the list. The
petition describes the pure food law q
'fraudulently discfiminating,'' de-
clares It seeks to destroy the business
OF every retail shoe merchant IN Kan
sas, violates constitutional rights. and
overeteps state authority.
General jackson and w. E Brels-
ford. manager of the Payne Shoe conn
pany. appeared in the district court
sought Judge Dana in HIS inner office.
Exfeeded ItH Npsve9a.
The prfnc1pals U1q1fas Of CON-
piafnt said General jackson, In out
lining the case to the court" are that
the legislature exceeded its power to
regulate private business In passing
such an act. Since the law does not
seek to prevent the use Of adulterated
and worthless leather. no benefit can
come from it's enforcement. In case
the law 10 held valid, large manufac-
turers in other stateGwil refuse to sell
to Kansas retail merchants. The bust
ness OF the retailers will be ruined.
The price of shoes will be increased.
The mail order houses will receive the
benefit of the retailers present busi-
ness. In6 law requires all shoes now
on hand to be tagged or branded with
the date of purchase. We claim this
IL impossible and amounts to confisca-
ton of goods
What would be a reasonable in
junction bond ?" asked Judge Dana.
He dipped his pen in the ink.
Bond at $500.
Give hundred dollars, your honor
responded General Jackson. At the
request of County Attorney Atchison,
the amount was approved In the attor-
ney generals office.
Judge Dana signed the restraining
order. and the papers were returned
to the files Of the district clerk.
The Payne Shoe company, 715 Kan
sas avenue, has been active in oppos-
ing the law passed by the last legisla-
ture. 1t provides that all adulterated
leather used in the manufacture of
shoes shall be so stamped. The COM
plant claims that the title is ambig-
mona.