The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-02-12
KANSAS LOSES
OIL INSPECTION
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used for an amusement resort and
that the city had violated the provi-
sions of the deed.
In denying the writ of quo warranto,
the supreme court said: Action of a
city in granting to individuals for pay,
exclusive rights within a public park
to operate refreshment stands and rent
boats, bathing suits, towels and dress
ing rooms, does not constitute use or
the park for other than public pur-
poses nor does it conflict with pro-
visions of the deed to the effect that
the property be used for public bene-
fit and amusement purposes.
The action on the part of the city,
the court held, was within it's right of
park regulation.
Bond Elections Are Different.
The supreme court today held that
a bond election does not come under
the provisions of the Australian bal
lot law. The case came from Shaw
nee county in a suit brought by John
in school district No. 33 when a prop
osftion to vote bonds and move the
old buildings was submitted.
So close was the election on the
bond issue that there was a dispute as
to the legality of the votes. Election
ers in several instances and Abrahams
sought to set aside this action. The
court held that provisions of the gen
eral ballot law cannot be applied in a
bond election. In passing on the case,
the court affirmed in part and re-
versed in part the decision of the
Shawnee county district court.
Courts Won't Interfere.
The decision of a church council
| communicating a member is final
as far as the state of Kansas is con-
cerned, the supreme court held today
I
municated by the church council of
the Bethany Lutheran church at
Lindsborg. He appealed to the gem
eral conference which ratified the ac-
ton of the council. motion for a
new trial was refused and he went to
the district court asking for damages
| The district court refused to hear the
case, and the supreme court affirmed
! it's decision. Linderholm said the re-
/ fusal of the conference council to al
! low him a new trial damaged him to
the amount of $1,000.
| Establish New Shipping Rule.
/ A shipment of goods consigned from
| a Kansas point to a destination in an
other state is interstate commerce
even though the goods are unloaded
within the state in which the shipment
originated That was the decision of
! the supreme court today in the case
/ of the Stockman Elevator and Ship
] ping association against the Missouri
Pacific Railway company. The eleva-
tor company furnished frame doors
for a number of grain cars billed to
Kansas City, Mo- Many of these doors
were shown to have been unloaded on
the Kansas side. The court held that
the original billing and not the sub
| sequent action determined the nature
of the shipment. The ruling is of vital
Importance to hundreds of Kansas
grain and livestock shippers who
make shipments to Kansas City, Mo-,
which in fact never leave this state.
Judgment by Guess.
In the proceeding for contempt for
violating an injunction against main
that LIQUOR sold looked like beer. tasted
like beer, and that the witness be-
lieved it was beer; and that there was
malt in the liquor sold to another wit
ness is sufficient to justify finding of
the sale of intoxicating liquor" This
was an opinion handed down by the
state supreme court here today in af-
! firming the opinion of the Cherokee
| county district court in an appeal of
/ Butch Trione who had been adjudged
guilty of contempt for violating tenn
porary liquor Injunction. The court
also held that it is not an error to
refuse to permit a witness to taste the
/ contents of a bottle to see if they are
the same as the contents of another
bottle purchased from the defendant
by the witness.
Decide SANDER Suit.
The supreme court today allowed
DANA ges to Joe Tucker against Writ
Bartlett of Sheridan county. Bartlett
I caused the arrest of Tucker on a
charge of setting fire to his barn.
Tucker was discharged by a justice of
4 the peace. He sued Bartlett for ma
licious prosecution and was allowed
/ Judgment. Bartlett brought the charge
against Tucker on strength of blood
I hound evidence and in spite of the
knowledge that Tucker was at church
I when the fire occurred The court
T held that a belief that there was prob
II able cause for action did not Justify
bringing the proceedings.
Must Repair Highways.
A railroad which tears up a pave
nent or destroys a roadway in con-
struction improvements along its right