The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-07
in SUPREME COURT
Attorney General Loses in
"Beer Party" Fight.
If Lodges Promise To Be Good
They May Remain.
TOD MATTHEWS LOSES SUIT
Noisy Crowd in Eagle Cigar
Store Not Blamed.
Other Decisions Handed Down
by Court Today.

by Court Today.
The attorney generals office lost to-
day in its fight TO GUST the Elks AMI
Eagle lodges at Coffeyville and Caney
from the state, for holding beer par
ties in the lodge rooms. The supreme
court held that fraterna1 organizations
in Kansas, which have been holding
regular beer parties for their members
and who quit the practice after being
warned by officials, cannot be ousted
from the state as long as they .on
tinue in good faith to prevent drinking
Of liquor in their ledge rooms.
At Caney and Coffeyville the Eagle
and EIks lodges had been holding
weekly beer parties when they were
notified to discontinue the practice by
the county attorney. The lodges sold
| their paraphernalia and actually dis
continued the practice. Later, the
state brought custer suits against the
| four organizations but both the dis
trict and the supreme court refused Ia
issue the writs rs Icing as the lodges
| obeyed the law.
1t was n bad morning for Tod Mat
| thews of Topeka, in the supreme court
rooms Matthews lost in his conten-
| ton that alleged gambling in Charles
| S Eagles cigar store and congregat1nS
CT young men in front of the store in
! jured his business sufficiently to JUS
| tify him in moving out before the
case expired. The south half Of
months by Matthews at $125 a
month"; At the expiration of 10 "
| months Matthews moved out and re-
fused to pay the balance of the lease
Eagle brought 'uit against Matthew's
and a Shawnee county jury found in
favor of Matthews but reported spe-
cial findings, the supreme court held,
which should have made the judgment
in favor of Eagle.
| Matthews contenGed that the con-
gregating of young men in front of his
| place hurt his business and also
charged that gambling was permitted
| IN Eagles store.
| Another decision was handed down
| in a Shawnee county case, IN which
Zelora Roberts won in a fight against
the Charles Wolff Packing company.
Roberts was injured while working
for the packing company and was al
lowed $1,97990 under the comDensa-
ton act, April IA, 1914. This later
was reduced by the Shawnee county
| district court to $1,928.S7. In appeal
ing for a reduction of the judgment
the packing company declared that
| after the court order had been issued
Roberts had earned from So to $40
week altho the jury had declared his
| earning capacity was limited to SO
| week.
| country justice of the peace has
no legal right to issue n garnishment
against u railroad company for wages
| earned by an employe outside the
state. This was the ruling today in
| the appeal of James Loote of Wyan-
| dotte county against the Chicago, Bur-
lington & Quincy railroad. The order
will put a stop to the practice of
snitch lawyers and justices of the
| peace cOnspiring to collect in Kansas
alleged debts created in another state
abecause the debtor happened to work
for a railroad company. The court
held that the Wyandotte county judge
had enormously ordered the railroad
company to pay the amount of the
debt.
George Allen must serve a term in
| the Kansas penitentiary for the muir
der of Alfred Tucker in Meade county,
October 5, 1914. The supreme court
today affirmed the decision of the dis
trlct court which ordered Allen sent to
prison for murder in the second de-
gree.
Tucker had been employed by Allen
but had been discharged because of an
sa men. for Aliens daughter
the vicinity of the Allen ranch and
met Miss Allen near a railroad bridge
Allen heard that his daughter and
| Tucker were at the bridge so he left
his team in a field, secured a gun and
crept up along he railroad embank-
ment to the bridge. He shot and
killed Tucker who was standing be-
side buggy in which Miss Allen was
sitting. Tucker had his arm around
the young woman's shoulder and was
attempting to lift her from the buggy
when he was killed.
E. c. Wilcox of Harper county, was
reinStated as practicing attorney in
| Kansas. Wilcox was disbarred two
years ago because of alleged improper
| charges against the late P. B. Gillett.
then judge of the district court Will
cox has been trying for several
months to secure his reinstatement
and presented to the court many
statements and letters from lawyers
and business men urging that he be
allowed to return to practice
The city commissioners of Lawrence
must issue $175.000 bonds voted for
the purchase of a city waterworks
plant last spring. The city officials
| refused to issue the bonds, claiming
| the election was improperly conducted
because the polls were open from Z
until o'clock The supreme court
| also decided that William Schaake, a
citizen of Lawrence, could not enjoin
the board of county commissioners
| from constructing the 100000 bridge
| over the Kaw river at Lawrence.
| Opinions Handed Down.
BY JOHNSTON, C. J.
J. NJ. Roberts. appellant, vs. The
Mo, Kan & Texas Rly. Co., appellee;
/ appeal from Labette county. Affirmed