The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-06
Supreme Court Sustains Valid
ity of the Mahin Law.
Nothing Sacred About Whisky
Intended for Illegal Use.
RIGHT To MAKE men SOBER
List of Liquor Shipments Filed
With County Clerk
Held To Be Public Property
and Open to Inspection.

Constitutionality Of the Webb-Ken-
yon act, carrying with it the validity
of the Mahin act passed by the 1918
legislature, was upheld today by the
supreme court of Kansas In writing
the lengthy opinion Justice West held
the Webb-Kenyon act an exercise and
not a delegation of the commerce
power. The effect of the opinion is to
uphold. incidentally, Attorney General
S. NJ. Brewster's opinion that the list
of liquor shipments required to be
filed with the county clerk is public
property, and open to inspection.
There is nothing more sacred about
whisky intended for unlawful use than
there is about diseased meat and lot
terry tickets" is the substance of the
opinion, land therefore congress has
the same power to prohibit interstate
traffic in the one as in the others"
1t is held as within the proper pow
er of congress to enact legislation
tended to make men sober. The case
was appealed from Cherokee county,
where the Missouri Pacific had been
fined for delivering carload lots of
liquor to two men. The court held
that an agent who delivers liquor in
practically carload lots to two men
known to be ViolatorS of the prohibi-
tory law may we'll be found to have
known that it was not intended for
their own use.
Can't Have Jury Trial.
An opinion written by Justice West
of the supreme court today holds that
the defendant in a bastardy case is not
entitled to jury trial as matter of
right. The case was appealed from
Barber county. James Herbert, jr.,
was ordered to pay a lump sum at
option to the woman in the case. The
supreme court refused to order a jury
trial.
Must Pay Tax.
Making a will in pursuance of a
contract does not exempt the heir
from being liable for payment of tSe
state inheritance tax, the supre14e
court held today in the appeal of Mary
Molier from the Cloud county district
court.
Mary Molier was the niece of Louis
Molier. Catholic priest. She assert
ed that twenty years before the death
of her uncle he had entered into a
contract with her by which he was to
will her his property If she took care
of him the rest of his life.
Santa Fe Need Not Pay.
The Santa Fe railroad today was
absolved from liability from damages
resulting from q fire built by Mex
lean section hands that spread to a
store building. One jury allowed w
F. Schwantes, owner of the contents
of the store building, damages for the
stock destroyed. Another Jury re-
Ireton, the owner of the building. The
supreme court upheld the findings of
the lower court in refusing damages
to the owner of the building, and re-
versed the finding for the owner of
the contents
Must Pay Their Bills.
Partnership liability for debts in
Cured by a corporation not complete
ly organized extends to all who par
ticipate in the corporate enterprise.
The case was the appeal of G. M.
Sheldon and others from the decision
of the Wyandotte county district
court in a case brought by the Cen
trail National bank of Junction City.
contracted an Indebtedness to
the bank as organizer of the c. M.
company, never completed
The district court held other parties
to the incorporation liable for the debt
assumed, aud the supreme court up
held the decision.
Echo From Badders Case.
Tho supreme court today refused to
compel T. w. Andrews, as endorser to
pay a George S. Badders note for
(Continued on Page 2,