The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-12-11
JITNEY MEN LOSE FIGHT

of liquor is made by the brewing com
panies, they must comply with the city
ordinances and the statutory provi-
SionS of the state.
Suit was brought in the Wyandotte
county district court to enjoin arrest
of drivers of brewery wagons. The
district court granted the Injunction
and Kansas City, Kan, appealed The
order of the lower court was affirmed
in part and reversed in part The de-
cision of the supreme court is to the
effect that the brewers must make their
deliveries absolutely legal They
must comply with provisions of the
Mahin act, requiring records OF all
liquor deliveries. and must obey the
ordinances of the cities in which de-
liverieS are made.
1t was held by the court that any
delivery of liquor to a law violator,
was a violation of the state law, Such
action, the court held, was common
assistance in the maintenance of
nuisance The brewery wagon driv-
ers could be prosecuted the same as
iointist. In its decision the court
gain sustained the provision of the
federal Webb-Kenyon act, giving to
the states the right to control liquor
shipments
The Wyandotte county suit was
brought by the Kansas City Breweries
company. which represents a number
of Missouri side liquor concerns.
Upholds State Game Law.
The supreme court today upheld the
state law prohibiting the shooting of
migratory birds from a motor boat
The decision was in a case appealed
from Cherokee county by George Nc
Cullough and H. B. Savage. Recently
they had secured from Judge Pollock
of the federal court, a ruling which
held the federal game law unconsti-
tutional. The men were unable to
convince the state supreme court that
the state law was not valid.
Mccullough and Savage were ar
rested for violating the state game law
were acquitted and the state appealed
the case to the supreme court. The
decision today was a reversal OF the
Cherokee county court Commenting
on the federal statutes, the court said;
Congress has no power to prescribe
gratory birds while within the boun-
DIARIES of the state The natural
flight of wild fowl from point to point
does not constitute commerce
Street Railway Wins.
The Topeka Street Railway COM
pany today won three cases before
the state supreme court. Two of the
suits were affirmations of decisions of
the Shawnee county district court,
while the third was a reversal of the
trial court.
Hiram C Root, who lin a casual
and involuntary way" stuck his arm
ont of car window, failed to win
trolley pole. In deciding the case the
court upheld the decision of the dis
trict court.
Heirs of Floyd Drake a street car
failed to win damages be-
cause Drake was killed by an intoM-
Gated passenger while in the COM
pany's service. Drake was shot by
James Dunford and later died from
his injuries. Suit for damages was
filed by brakes parents. 1t was urged
= n
Drake as to his dangers. The supreme
court held that warning against an i'll
toxicated passenger was needless anc
affirmed the decision of the district
court which found for the street rail-
way.
Nicholas against the street railway
was reversed and set aside, when re-
vived and appealed by Patrick Coney
as administrator The woman was in
jured November 10, 1911, while cross
ing the street car tracks at SardOu
avenue and Green street, Oakland.
The crossing was nine inches below
the car tracks. There were no lights
and the woman fell and was injured.
She received a judgment in the dis
death in November. 1913, was it en-
tered of record. The street railway
appealed and the case was reversed
Evidence showed that the car tracks
were laid according to grade and that
the company was not responsible for
the low crossing. which was main
tanned by the city
Motorist Wins q Case.
An individual has the right to drive
a motor car past a horse drawn We
hicle on a public highway and going
at greater speed than eight miles an
hour, according to an opinion handed
down by t&e Kansas supreme court
today. The opinion reversed the de-
cision of the Ellis county district court
in which Anton Pfeifer was charged
with misdemeanor in driving by Mr..
and Mrs. Jacob Schoendaller at 4
speed greater than that of the buggy
and exceeding eight miles an hour.
In its opinion the court held that if
Pfeifer had driven his car at an ex-
cessive speed or endangered the life
or limb of any other individual, failed
to use caution in passing the buggy, |
or if the horse drawing the vehicle !
became restless, he had failed to stop !
his car and offered to give assistance, |
he could have been prosecuted. None |
of these things being true the supreme
court overruled the district court and |
it's decision.
Decides Church Row.
When members of a church organ
lzation become dissatisfied and with |
draw, they can not dictate the use or |
of funds raised by the |
church and its auxiliary organizations. |
Justice Silas Porter in an opinion to- |
day held that when Lucy E. Slinker /
and several of her friends, withdrew |
from the First Baptist church at Well |
ngton that they had no further voice |
in the financial affairs of the church. !
Some months ago the wellington |
planned to build a new
church. The Ladies' Aid society |
most of the responsibility
They gave dinners. held bazaars and
devised other means of providing
funds. Sometimes there was a deficit
IN the church treasury and the money
from the oyster suppers and ice cream
socials was used to pay the minister's
salary On one occasion there was a
surplus and the ladies invested the
funds in building and loan stock. Be
fore this stock uatured there WAS a