The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-08
KANSAS GUARDS
IN MEXICO MAY
VOTE IN PRIMARY
n
-
Supreme Court FaVOrS Soldiers
on the Border.
MandamuS to Determine Law
in Opinion Today.
WHEAT GROWERS LOSE CASE
Reputation of Contract Calls
for Grain Purchase.
No More Offerings of This Court
Until October.

kc.,,ard. on the Texas border may par
.;c,,a+a in the statewide primary elec-
go, IN August. That was the decision
eof the supreme court today in grahtiils
writ of mandamus against j. l. bot-
4l.in secretary of state The SUIT was d
? friendiv action brought by 3 M. Dire"
lister. attorney general, in an eIIorl u
sdeternine the scope of the elecCioh
= laws as applied to the Young oi
Ssent guardsmen.
When an order for the removal OF
k+ba state troops to the Mexican border
rv,as issued by the federal government
"A dispute arose as to the right OF
hs,uardsnnan to participate in the prl-
ernaries. There was no doubt concern
inc his right to vote in the genera
teIection and to have his vote counted
aunder the general provisions OF the
Estate election laws. But the apsene
rvoter clause in the primary law was
xheld nv Botlxin to affect only persons
who were away from home ana WlIhlH
ethe bounds of the state. Mandanus
Sproceedings were fiD.d in the supreme
tcourt to determine the scope OF the
In deciding the case Justice John
<NIarshall held that the provisions OF
Tthe general election law applied TO the
state wide primary as affecting the
rights of soldier voter. IN part j Us
stice Marshall said:
= ar cannot be successfully argued
shat article of chapter Sc of the
General Statutes of 1903 does not APP
ply to the Australian ballot law Inc
provisions of that article can De
Worked out under the primary cleo
ztion law the same as under the Aus
Ftralian ballot law. There is no more
Inconsistency under the one law than
Rthere is under the other If full eff
Eject is given to this statute all the cleo
6tion laws of the state are a part Of
ltthe primary election law. The statutes
providing for absent soldiers voting
sat elections are part of the primary
aelection law. BY the operation OF the
Sact of 1915, the laws providing for
absent soldiers voting mast lie part
of the primary election law. Being
part of the primary election law, it is
the duty of the secretary of state to
43fepare the neceS AIRY poll books and
4ally sheets to be used at NhN places
where these absent voters may be sta
stioned on the day of the primary cleo
lion, to be used as required by article
a of chapter SO of the General Statutes
Eof 1909"
The opinion then recites that the
Sprovisions of qualification and regis
nraticn shall apply in the voting of
Ehe soldiers.
Rap for Wheat Growers.
The supreme court today laid down
u rule with teeth in it as far as wheat
Growers are concerned. In deciding a
Case from Greenwood county, the court
Established the rule that when man
sells wheat for future delivery and re-
5pudiates his contract, he is liable for
HE purchase of an equal amount or
grain at the prevailing market price.
IN which case, the man who contract
ed the sale of grain must pay the diff
Ference and any expense attached TO
the purchase.
e Nv
seontracted in August 1914, to sell 5000
Bushels of wheat to the Kansas Flour
Mills company. The wheat was to be
kdeIivered September 10. The contract
price was SO cents bushel. Septem-
seber g. six days before the date of de-
livery, Brandt notified the milling
tcompany that he had cancelled his
.eontract. On that day the milling
company filled the order by buying
g 900 bushels of wheat at 81 a bushel.
1t then brought suit against Brandt
the 17-cent margin.
- In the trial of the case Brandt in
4troduced testimony to show that wheat
sold at 50 cents-one cent below the
feontract-on September 5. The court
Ehowever. held that the milling COM
spany acted within it's rights in buying
wheat on SepteT--ber 9 and judgment
was entered against Brandt for the
balance. -F
Bank Failure Echo.
tional bank failure came from the SUI
preme court today when that tribunal
ordered the bank to pay claims of the
Northrup National bank of lola. Notes
deposited by the Yates Center bank
With the lola bank as collateral for a
loan were held by the court to be the
property of the defunct Yates Center
bank, which must now pay the loan.
: c. G. Kicker, the defaulting cashier
of the bank, applied to the lola bank
Tor a loan on notes held by his bank
The lola bank was permitted to ac-
sept or reject such notes as were Of
fered. The notes were to be endorsed
by the Yates Center bank and interest
of six per cent was to be charged. A
Credit account equal to 25 per cent of
the loan was to be carried with the
lola bank on which daily balance in
ferest rate of two per cent was allow
ed. The loan totalled $4,000 When
Kicker defaulted and a receiver was
appointed for the bank, number of
The Yates Center notes were returned
by the lola institution. The receiver
refused to accept the notes. The court,
however. held that the notes were the
property of the Yates Center bank and
that the loan from the lola bank was
an independent transaction. Stock
holders of the Yates Center bank
must now pay the note and interest.
Cities Are Not Liable.
A Kansas city that maintains a
biological garden is not responsible
Tor damages to children or grown
persons who stick their hands or
feet into the cages of the animals and
Ore injured. This was the decision
of the Kansas supreme court today
IL the suit of Bessie Hubbard against
me city of Wichita. Bessie Hubbard
was four years old. She went out to
nc Wichita park with her mother to
t6ok at the animals. She strayed
away from her mother and found a