The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-12
Opinion on Mortgage Registra-
tiOn Tax Law Is Held Up.
ROBERTS JUDGMENT REDUCED
Wolff Packing Company Must
Pay Damages of S1,92S.S7.
City of TOpeka's Reserve Tax
Levy Is Declared Illegal.

The supreme court today refused to
order the calling of a special election
in Topeka to again pass on the COM
mission form of government and de-
nied the writ of mandamus sought by
P. H. Coney land 7,4S9 others The
court, however, said that Coney and
his followers might secure the return
of their petitions, as prayed for in the
pleadingS before the court.
Suit by Coney and his followers re-
suited from the refusal of Mayor Cof-
special election when petitions ask
ing for another vote on the cOmmiS-
sion form of government were pre-
sented. Some of the alleged signers
of petitions were dead at the time and
many others were not registered vot-
erS. 1t was claimed that the petitions
did not contain the necessary 25 per
cent of registered voters, necessary to
bring about the calling of an extra
election. Supplemental petitions were
filed by men opposing the commission
form of city government but still no
election was ordered.
Coney and his friends asked for the
return of their petitions. Their re-
quest was denied. 1t was intimated
that the petitions might be turned
over to the county attorney for inves-
not been taken. Mandamus proceed
ingS were filed to force the election
and the return of the petitions. Coney
will get the petitions, but that is all.
y
said in part:
There is a specious suggestion that
the petitions show some evidence of
criminality and that 1t would be con-
venient to have them kept where the
county attorney could have access to
them if he cared to instigate some
sort of criminal proceedings. If any
such hypothetical case shall develop
convenience to the prosecuting Off
Ger to procure them from the plaintiff,
P. H. Coney, and the writ will issue
directing the defendants to surrender
the petitions to him as the statute pre-
scribes-'
Mortgage Tax Law.
The Kansas supreme court did not
hand down a decision in the mort
gage registration tax law passed by
the last legislature The case was
pected that a decision on the consti-
tutionality of the law would be hand
ed down today Justice SllaS Porter
has been in a hospital for some days
and the other members of the court
decided not to hand down the de-
cesion until Justice Portor could be
consulted on the details of the
opinion. 1t is asserted that the court
had determined it's decision before
Justice Porter was taken ill and in
the meantime the opinion has been
prepared but will not be handed down
for a week or two. 1t was announced
down specially a day or two before
July 1, when the new law goes into
effect
Declared Unconstitutional.
The first of the 1915 legislative ses-
sion laws to be sent to the scrape heap
was House Bill 139, declared uncon-
stitutiona1 by the supreme court in
a decision today. The bill was one
legalizing some illegal acts on the
part of officials in Incorporating the
town of Zenda in Kingman county.
The citizens wanted the town incor-
porated as a city of the third class,
and after the proclamation was is
sued discovered that part of the legal
machinery necessary had not been
strictly followed. The citizens asked
the legislature to legalize the pro-
ceedings so the work would not have
to be done over again. The 1egis
lature was accommodating and pass
ed the bill. Then the law got into
the courts and was declared unconsti-
tutioEal as special legislation.
City Is Held Liable.
A Kansas town has no right to
permit ITS streets to be used by a
street fair. If it does, the city is
liable for damages to persons travel
ing on said street The Kansas SUI
preme court so ruled today in the
suit of A. J. Malchow against the
city of Leoti. The city had allowed
a merry-go-round and some shows to
use it's street as a show ground. NAL
chow attempted to drive along the
street and his horse became frighten-
(CoDtinred on Page p