The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-11
WORKMEN BYLAW

Continued from Page One-I
law The bylaw provided that mem
bers of the lodge who We're in good
standing and had attained the age of
rs years might make settlement with
the grand lodge on their policies. The
settlement was to be based on pre-
miums paid by the policy holder.
This action, it was urged, took from
the policy holder the rights assured
under the policy and the general laws
of the state. Such a contract was lille
gal under the general statutes and for
that reason, Brewster urged, could
not be bridged by a rule of the lodge.
Suit to enjoin enforcement of the rule
was filed in the district court and
/ writ granted. The lodge then appealed
to the supreme court. The case was
submitted on an agreed statement OF
| facts
.aThe Ancient Order of United
Workmen could not enter into a con-
tract with any of its members by
which it obligated itself to do that
which it now seeks to do by virtue of
this bylaw" said Justice John Mar
SHALL who wrote the opinion. Such
contract would have been non-en-
forcible. If the defendant can now
make this kind of a settlement with
/ its old members, it could have con-
| tracted with them in the first place
| to make this payment under the con-
ditions named in the bylaw The
| defendant association can not now
legally do that which it could not
| legally contract to do"
Can't Boost Utilities Rate.
Kansas Gas company cannot boost
gas rates above % cents a thousand
| feet, even though city ordinances may
permit of higher rates. That was the
| decree today of the Kansas supreme
tcourt in setting aside an Olathe ordi-
I harce under which the OIathe Gas
fconpany sought to enforce a thirty
cent rate. The court held that the
company could not charge more than
% cents a thousand feet--the rate es-
Etablished by Joseph L. Bristow and the
public utilities commission.
| When the 2s cent rate was made
| recently by the utilities commission,
the Olathe company sought to do
business under a local ordinance which
permitted the charging of 80 cents.
| The matter was taken before. the
! johnson county district court and the
ordinance was held to be void. On
an appeal to the supreme court the
action of the district court is affirmed.
Mrs. New Wins Farm.
After fourteen years of litigation
Mrs. Amelia New wins Ter Greenwood
county farm, with a division of court
costs between herself and ). A. Smith
Mrs. New was convicted more than
| twenty years ago an accomplish in
the murder of her husband. She was
by Governor Hoch. The 240 acre New
farm came into possession of Smith
under a quit claim deed, following the
conveyance of the land by Mrs. New
to her attorney.
Mortgages and debts were paid by
Smith and he refused to surrender the
land. The case has been in court
more than fourteen years and has
made five trips to the supreme court.
Mrs. New. it was claimed, agreed that
Smith might retain money received
from the farm during his possession.
but Smith refused to accept this com
promise offer. The decision today
gives the land to Mrs. New with an
equal division of the court costs.
Can Employ Teachers.
When Kansas rural school district.
through its official board, decides to
employ a special instructor in music,
such action is not a violation of the
state law nor an evasion of the rules
of the state board of education. That
was the decision today of the state su-
preme court in a case appealed from
Harvey county. Such action, the
court held, was neither an evasion of
. the law nor an overlapping of the
course of study outlined by the regu-
lar teacher.
School district No. Al, Harvey coun-
ty, employed Miss Irene Kelley to in
| struct the pupils in a special course in
. regular board and once each month
Vi she visited the school and directed the
81 music class. Then she left special in
, structions with the regular teacher
II and the musical training of the dozen
/ scholars in the district school, was I'M
der heE supervision and direction. For
, her services Miss Kelley received the
Il 1attering salary of SIS a month,
), Joseph Epley, a resident of the
, school district. thought the employ
ment of Miss Kelley was an evasion
Il of the school laws. He sought to en-
: join the action of the board and was
: denied a writ. Then he appealed to
{ the supreme court. The supreme court
: today held that the Harvey county
3 board acted within its powers. In its
? opinion the court said:
'It is within the discretion of the
school district board to determine
whether all subjects including music.
shall be taught by a single teacher Q
to provide that music shall be taught
by another teacher, provided such 9TH
er possesses the qualifications and
authority required by the school law. ii
West Raps Lawyers.
Justice West today wrote red hot
concurring opinion in the Shawnee
\ county case of Ashford w Greenw God
appellee, against Annie NJ. Gree nWood
appellant; on an application for re-
hearing. The application was denied
and Justice West wrote this specia
opinion for the benefit of counsel.
Not only are we increasingly care
: | full to refrain from impugning the mo
Il tiyress of cOIr sci. but in the fOFegOlrl