The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-02-12
State Will Lose $4,000 in Fees
Before Next Winter.
CAPPER VETOED 1915 BILL
Otherwise Department Might
Have Been Kept.
Other Decisions Handed Down
by Body Today.

Kansas today lost her state oil In
spection law and incidentally nearly
$500 600 in fees before the Legislature
can meet and revive the bill which
was today slaughtered by the supreme
court. Fees aggregating $123, ,7S9.04.
now held by the state under protest
must be returned to the oil companies
and losses of nearly $4,000 a month
must be suffered by the state during
the remainder of the year. The deci-
sion may result in the closing of the
oil inspection department.
In decision holding the oil inspec-
tiOn fee act unconstitutional. the court
stated that the fees of ten cents bar
rel now charged by the state are eX-
cessive and that the sum constitutes q
revenue rather than an inspection
measure. The original law. giving to
the state the right to inspect oil. is
upheld by the court. In other words
the state may continue to inspect OIL
But the work will be done at a loss
to the state. An appropriation for the
department by the 1915 legislature is
now available. but there is doubt as
to the future of the department since
the revenue has been removed
Must Return Fees.
Under the courts order today. the
state is directed to return s123.7S9.04
in fees now held by Earl Al5ers, state
treasurer. These fees were paid by
the oil companies under protest, pend
ing final action in the suit to declare
the law unconstitutional.
The legislature of 1905 passed the
law providing for an inspection fee of
ten cents barrel. In the last few
years the heavy use of oil and gasoline
has produced heavy return to the
state. In 1914, the state realized
more than 100000 from the depart
ment after paying all expenses. Last
year the evenues of the department
amounted to nearly $4,000 a month
Not only must the state return the
money collected since the suit was be-
gun, but it must lose all revenues un
til the legislature can enact q new law
Upsetting of the oil inspection
measure today was due to the actor
of Governor Capper in yetoing IN
amendment to the old law. The leg
islature of 1915 provided that the
fees for inspection Of oil and gasoline
should be reduced from ten cents to
three cents a barrel. This sum, it was
urged, would meet the expenses of
the department. Both houses pa ssed
the bill, but 1t was vetoed by the gov
ernor and the oil companies took their
troubles to the courts. In the fight
to win a whole loaf or nothing, tho
state today received nothing. II must
now mainta in the inspection depart
ment at the expense of the taxpayers
or close shop.
S. M. Brewster. attorney general.
stated this afternoon that the state
may be compelled to maintain the in
spection department from appropria-
tions. In this event the state makes
free inspections of oil at refineries
Van Sickle TO Prison.
William H VanSiCkle, the Olpe real
estate man, must go to prison for
crimes against sixteen-year-oId Alma
Stevenson. The supreme court to-
day affirmed the decision of the
Shawnee county district court and re-
fused to give the Lyon county man a
new trial
The case was taken to the supreme
court on the grounds that the state in
it's case in chief failed to show that
VanSickle and the Stevenson girl were
not husband and wife In its de-
cision the court held that it was not
necessary for the state to anticipate
the policy of the defense and that the
court did not commit error in refusing
n special instruction on the marriage
clause. Evidence indicated clearly,
the supreme court said, that VAN
Sickle and the girl were not married.
Unless the defense had directly
pleaded a marriage relation, the state
was not bound to meet such an issue
VanSickle is a married man and tho
father of several children. His in
fatuati for the little country girl,
caused him to leave nIs nome and he
met the Stevenson girl in Topeka and
other towns, evidence showed He
was arrested on a criminal charge and
convicted. Because of the wide ac-
quaintance of the families in Lyon
county, the case attracted wide atten-
ton.
City Wins Gage Park Case.
Luther c. Bailey today lost his fight
before the supreme court for writ
of quo warranto against Topeka city
commissioners, when the court held
that the city acted within its rights
in granting concession rights and priv
ileges at Gage park. Action the
part of the city, the court held, did not
destroy the spirit of the deed convey
ing the land to the city as an amuse-
ment park.
When the city in 1915 sold conces-
sion rights at Gage park. many resi-
dents in the park districts complain
ed. They asserted that the original
deed provided that the land should be
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