The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-03-06
Policemen in Kansas May Be
Fired at VIII by Mayor.
Case of D. F. Haney Against
COfran Decided for the City.
ON THE COMPENSATION ACT
Wolff Packing COmpany-Insur-
ance Case Is Important.
Other Actions Taken by States
Higher Body Today.

policeman in Kansas may be nreu
at the pleasure of the mayor, ACCORD.
ing to a decision of the supreme couTe
today in refusing to reinstate -. =.
Haney to position on t Topeka
police force. Haney was discharged
by Mayor Cofran at the beginning OF
the present administration ana APP
pealed to the city civil service Doaru
for reinstatement. which ordered MIN
returned to the force.
The city commission refused to ac-
cept this decision. and Haney TOOK ms ms
troubles to the district court. ne
asked q writ of mandamuS dlrecinS
his reinstatement. The mayor anG j
w F Hughes. Their CHIEF or ponce
filed a motion to quash the writ rms
motion was sustained by Judge w mt
comb Haney went to the supreme
court.
The supreme court, in degree at
least. apologies for it's inability 70
come to Haney's relief In lis oplh-
ION the court says:
"A policeman holds office during the
pleasure of the authority making the
aDnointrnent There is nothing doubt
full about that language. 1t IS clear
imperative. and to the point 90 a
policeman becomes q puDlc Ollcei
with no term fixed. holds his office at
the pleasure of the authority appoint
ing him"
Then the court continues:
1--WE confess our disappointment az
the result -eached and have sought
with care to find a different result
If the legislature had said hat ponce
officers should be under civil service
regulation for terms of four years.
there would be no difficulty
Thus Mr. Haney must seek other
occupation than the place on the To-
peka police for >,
Compensation Act.
The supreme court today handed
down two decisions defining the OPP
erations and workings of the compen-
sation act.
The Charles Wolff Packing COM
pany of Topeka brought suit against
the Travellers Insurance company to
collect damages for injuries received
bv Porter Harrison, an employee.
while working under the directions OF
the company'S manager Harrison
was sent from the company plant on
Kansas avenue to the city park, where
he was directed to load dirt in wag-
on. While at this work Harrison was
injured.
Settlement was made with Harrison
but the insurance company failed to
settle with the packing company. The
VOLTS brought suit and received
Judgment for $1,000. The supreme
court today set aside this judgment
by holding that Harrison was not en-
gagged in any of the regular occupa-
tions defined under the compensation
act and for the further reason that
he was not injured upon the property
of the company, or property directly
abutting.
G. F. Smith of Independence was
injured while working for the West
ern States Portland Cement company.
His foot was caught in a cOnveyor
box, and his injuries caused the am
putation of a leg. Smith brought suit.
alleging that the box was not prop
erly covered. The defendant company
contended that a cover was provided
and Smith failed to use the same, con-
tributinG to his own injury.
Smith received Judgment in the
district court. The company had
filed a statement that it did not ac-
cept the provisions of the compensa-
ton act. it was brought out at the
trial. and that Smith could not sue
under this act. The company then
appealed to the supreme court, which
today affirmed the decision of the
lower court.
New Insanity Procedure.
The supreme court has established a
new rule of procedure where insanity
is pleaded in murdel cases.
T. w. Campbell was tried on a
charge of killing c. E. Hall in Stevens
county. One of his defenseS was that
he was insane at the time tho homicide
was committed. The jury found him
not guilty and that he was insane at
tt court thereupon committed Camp
bell to the hospital for the danger
Gus insane On the next day Camp
bell filed a motion for a new trial
winch the court refused TO near ana
pass upon, thus making it impossible
for him to appeal.
The action of the court was under
statute providing that whenever dur
ing the trial of any person evidence is
introduced to prove that he is insane
and he is acquitted on that ground,
the verdict of the jury shall fully
state and the court shall thereupon
commit such person to the asylum for
the DANGEROUS insane. Attorneys for
Campbell brought suit to mandamus
the hearing of the motion for new