The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-07-07
They Have No Rights After
Franchises Expire.
STATE GETS film FEES
Exhibitors Cannot Recover
Money Paid for Censorship.
Man Must Pay Divorced Wife
AlimOny After She WEEDS.


expiration of franchises. That was
the drastic and sweeping decision of
the supreme court today in a decision
directing removal of the poles and
wires of the Wilson Electric Light
of the town.
Under the decision of the Kansas
tribunal, towns and cities of this state
ire given full power and authority to
direct removal of all property of pub
lie utilities from property over which
the city holds jurisdiction. The court
states that a public utility operating
under a franchise has no right to use
the streets and alleys except with the
consent of the city officials. Scores
of Kansas utilities may be affected by
the decision following expiration of
franchises.
The franchise of the Wilson Electric
Light company expired. 1t furnished
light to the city of Wilson and to an
son installed its own light plant and
directed the private corporation to
remove its wires and poles Because
it was serving two towns it held that
it could not be compelled to vacate.
The supreme court, however, took an
entirely different view of the matter.
! Complete control and supervision of
streets and alleys rests in the cities,
the court held, in the opinion which
! permits cities to GUST utilities from
| the streets and alleys upon expiration
of franchises.
State Gets the Money.
Moving picture exhibitors will not
recover the money they paid for CEN
sorship under the old law, according
to a decision today by the Kansas su-
preme court The court granted to
! S. NJ. Brewster, attorney general,
Of Ia
| state superintendent of public instruc-
| ton to turn into the general revenue
| fund the protested inspection fees in
his possession.
Under the law in existence prior to
| the legislative session of 1917, the
state collected fees equal to four times
the cost of inspection. The old fee
was So for each reel inspected. The
fees, however, were paid under pro-
| test. Picture producers contended
| ducing rather than an inspection
| measure. They wanted the law held
unconstitutional. When the recent
legislature changed the inspection fee
| schedule, the supreme court held that
| the law. makers acted In good faith
and that the old fees belonged to the
state since no effort was made to pro-
| duce a revenue beyond the just ez-
pense for inspection. The film COM
| panies will not receive their money.
|
enue fund of the state.
Must Keep ON Paying.
The supreme court took harsh ac-
ton against c. F. McGill, of Edwards
county, today when it held that he
must pay his divorced wife under an
alimony order, even tho the woman
has since married another man. The
suit was brought by Dakota McGill,
the mans former wife.
| When the woman remarked, McGill
! ceased paying the $40 a month ali
mony ordered by the Edwards county
district court. The supreme court held
! that re-marriage is a good and usual
alimony order. But McGiH had neg
| lected to secure such an order, As a
result he must pay all back claims.
No New Court House.
The supreme court today refused to
approve the bonds for new court
! house in Wyandotte county. 1t was
held that the county had exceeded its
bond limit and that the 100000 in
bonds under a recent election are not
legal.
Woman Gets Money.
Daphne S. Sheppard will receive
the full amount of her judgment
against the Topeka Milling company
under a decision of the supreme court
today reversing an order from the
Shawnee county district court The
woman received a judgment against
the company for S3,037, which the
district court held up in a settlement
of the affairs of the company, follow
ing sale of the milling property.
In 1910 the plaintiff invested $4,50)
in the milling company. In 1913 she
brought suit to rescind for fraud. The
proceedings were later amended to an
action for damages. A jury gave her
judgment for S3,037. A few days be-
fore the suit was brought the company
Ii,
Gus banking interests reciting indebt-
edness of $61.500 and stating that il
was unable to meet these obligations
and desired to turn in its property for
protection of creditors and stockhold-
ers. Sale of the property netted cred
itors 80 per cent. In January. this
year, the Shawnee county district
court held that the woman had nc
right to participate in the distribution
of funds from the sale of the milling
the opinion in the case. states that the
plaintiff was not required to await the
pleasure of other stockholders before
proceeding to the satisfaction of hei
claim. The supreme court reverse:
and remands the case with instruc.
tons to allow the plaintiffs claim
Appellants in the case were the La
Sale Street Trust K Savings bank
Chicago; New England National bank
and Prudential Trust company, Mer-
chants National bank. and State Banl
of Topeka. Daphne Shepard appear
ed as interVenor.
Daughter Loses Policy.
Because Oscar H. Beeson neglected
to change the name of his beneficiary
following the death of his first wife
and his marriage to his second wife
heirs of his second wife today wor
judgment for a $500 insurance pol
icy. Beeson's policy was with the
Brotherhood of Locomotive Engi-
neers, who paid the money into couri
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