The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-10
KNOCKS OUT Law
Supreme Court Takes More
Authority From P. U. G.
1t Can't Make Railroads Estab-
Iish Border Stations.
lRMn MGR 10 nrnInrn
LAND CASE is DECIDED
Shawnee Co. Man Worked 26
Years, but Loses Farm.
Verbal Contract With Father
Held To Be Void.

removed another bit of authority from
the state public utilities commission.
1t held invalid a law passed by th@
1915 legislature requiring railroads
to establish stations on the Kansas side
of the state line and requiring all
trains to be held until passengers
might buy tickets across the line.
Stations were to be established under
direction of the public utilities com
mission.
Supreme court justices did not take
kindly to the law. They regarded 1t
as a legal move to make imperative
Interstate regulations concerning pas
senger business. In an opinion wipin%
out the law. Justice Rousseau A. Burch
suggested the 1915 law should have
been entitled IAN act reducing the
Interstate passenger rate for the
mileage in Kansas to the intrastate
rate
Purpose of Law.
The law had for its purpose the
evasion of the ruling of the interstate
commerce commission establishing
passenger rate of "a cents a mile for
interstate fares. Operation Of the law
would have compelled the railroads 80
stop trains at state lines ana permit
passengers to points Just beyond the
line to buy tickets TO destination at in
terstate rates while making prac-
.tically the entire trip on intrastate
rates.
Il Railroads provided the required
service at Kansas City. The utilities
commission. however, ordered the
Rock Island to establish station at
Flwood for the benefit of Kansas
passengers to St Joseph, Mo. The
Rock Island refused to esta blish the
station Attorneys for the state COM
mission then brought suit seeking
writ of mandamus. The court today
denied the writ and refused to up
hold the law which had for its pur-
pose state interference with interstate
traffic. All Kansas railroads Operat-
ing interstate lines are affected by the
decision, while the state com mission
is shorn of a large amount of power
and authority vested by the 1915 legi5-
lature.
Worked % Ycars-Loses Farm.
The Kansas supreme court af-
firmed the Shawnee county district
court in denying to Peter Engelbrecht
his claim for damages because his
father had failed to make good an
oral contract made / years ago, when
ihe agreed to give the son "a han m
terest 10 the farm" Engelbrecht
worked 26 years for his father, but
gets nothing since the mother and
father failed to make contract
Land owned by Engelbrecht's par
ents constituted a homestead. One
dav in 1884 the father told Peter En-
geIbrecht he would give him a half
interest in the farm at his, the ia
Tiers death, provided the son worked
for the father. Told of the agree
ment, the mother said she was glad
But there was no evidence of a con-
tract by the parents to deed or be-
queath the land In 1909 the land
was sold. Engelbrecht was appar-
emily left in the cold. He brought suit
against J. Il. Harrington. executor of
the estate. The Shawnee county jury
decided for the defendant. although
finding the son had not performed his
share of the contract. Yet in the alb
sence of a contract by the parents to
bequeath or deed the land, he could
not recover. In an opinion by Chief
Justice Johnston, the decision of the
trial court is affirmed, both as to the
nom existence of a contract by the
parents and son and by the fact chat
young Engelbrecht slept on his rights
and his action was barred by the stat
ute Of limitations.
Must Keep Hands Off.
Kansas cities must keep their hands
off interurban railway companies,
even though such companies operate
electric lines through such cities and
have franchises for local service
That was the decision of the supreme
court today in the case of the Union
Traction company, which operates in
and through the city of Independ-
ence.
The Independence city commission
ordered the electric company to make
certain betterments and extensions
The company refused to comply with
the order. So the manager of the
company was arrested. Passing on an
application for a writ of habeas
corpus today. the supreme court held
that the city could not direct the af-
fairs of the company. Extensions to
service can be forced, the court ruled.
only on order from the state public
utilities commission
Empty Barrels Don't Count.
Merely because empty whisky bar
rels and beer bottle were found in the
barn of Henry Ciccel of Chetopa, the
state cannot secure a conviction for
Violation of the liquor law. The su-
preme court said it would require as
much evidence to convict a man of
-eootlegg1ng as of any other crime.
= Several shipments of wooden bar
.rels came to Ciccel. A drayman de-
10y ereU them and rolled them in the