The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-10-06
That Is Decision Handed Down
by Supreme Court.
Case Came Up for Hearing
From Chase County.
is PUT ON P. U. C.
Court Holds 1t Is Not PubIic'S
General Guardian.
Guide Posts Pointed Out for
Future Conduct.

Kansas may work her county con-
victs on the public highways. That
was the decision of the state supreme
court today in a test case from Chase
county. The decision holds valid an
act by the 1917 legislature.
Suit to test the validity of the con-
vict labor law was filed in the su-
preme court by S. NJ. Brewster. attor-
ney general. The case was filed in
the form of a mandamus action to
compel Chase county to pay into the
public school fund sum equal to the
credits to a prisoner used on public
highways. The court denied the writ
and upheld the new law.
]. H. Born, convicted in Chase coun-
ty on a liquor charge, was given a
thirty days Jail sentence and a fine of
500 and costs assessed against him.
Born was compelled to work on the
county roads and credits equal to 81
day for each of the twenty-one days
employed, were made on his fine ac-
count Owing to the constitutional
provision that all fines are to go into
the school fund, it was urged that
Chase county, having received the
benefits of Born's labor should pay
the $21 into the school fund. The Su-
prene court did not take this view of
the case, but held that the obligation
or the county did not extend to the
cash payment of fines to the school
fund when they were not actually col
lected. 1t also held that the counties
might work prisoners on public roads
and highways until credits were given
for the full amount of their fines.
Defines Utilities Act.
Ihe state supreme court today held
that the public utilities commission
was not given a general guardianship
over the public or public utilities by
the state legislature. Neither is 1t
empowered to restrict or interfere
yHr1T h Z Ha
ness opportunities by the utilities
Such was the broad provision laid
down by the court in case virtually
uphold1ng an act of the commission
but providing future guide posts.
In the case decided today the court
decided for the state commission in
refusing to grant issuance of addi-
donal stocks and bonds by the Kansas
City, Kaw Valley & Western Railway
company. The road had been per-
mitted to issue stocks and bonds in the
amount of $4,000 a mile on its esti-
mated extensions of an electric line
to Lawrence. Completion of the line
showed three more miles than the
original estimate. The commission
refused to permit additional bond is
sues. Under the decision of the court.
tho, it is probable that the electric
company may be permitted to reopen
the case and receive further privileges
Defining the powers of the commits
sion IN restricting and regulating the
issuance of bonds and stocks for i'm
provements and extensions, the su-
preme court said in part:
The commission is not general
guardian over public utilities or the
public, and cannot by any exercise of
discretion over the issuing of bonds
and stocks, control the activities of
business enterprises. Business initia-
tive and business sagacity are left free
to improve what they deem to be op-
portunities. and public utility has the
| right under the statutes, to issue what
ever bonds and stocks may be neces-
| sary to carry out corporate powers,
acquire property, construct and extend
facilities and maintain and improve
| service. The commission has no dis
| cretion to refuse to certify such Sc
| curities.''
Defines Legal Service.
| The supreme court today held that a
| non-resident of Kansas who came into
! the state under order of the federal
! court as trustee in bankruptcy, was
not subject to summons within the
I jurisdiction of state courts. During
| his official stay in the state. the court
! held the nonresident trustee was a
| privileged visitor and immune from
service under state court orders SO
long as he was engaged in the work
assigned by the federal tribunal.
Victor Beutner, a nonresident Gf the
state, was in Kansas as a trustee in
| bankruptcy with orders to dispose of
certain property. While in the state
Beutner was served with papers in a
| civil action and a judgment rendered
| against him. Beutner appealed on the
| grounds that the service was invalid
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