The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-12
CAN'T co HIGHER
Film Companies Cannot APP
peal Censor Board Verdict.
That Is Decision Handed Down
by Supreme Court.
P. U. C LOSES ANOTHER CASE
Bell Telephone Co. Not Forced
To Build New Line.
Creditors White Insurance Com
pany Given Dividends.


picture films rejected by the state
censor board Relief of producers
must come thru a showing of fraudu-
lent and arbitrary power by the state
board. The supreme court today held
that court review may be had only
where such showing is made.
Interpretation of the amended film
censorship law by the state supreme
court today takes the burden of review
from the courts. The court held that
the state board is given full power and
discretion to determine whether films
and reels offered for it's examination
and decision are moral and proper for
exhibition. Its decision is held by the
court to be conclusive and not open
to. review or interference by the
courts unless its action is fraudulent
or arbitrary in excess of it's author
ity.'
Provisions of the state censorship
law were brought up for final test
when the state movie censorship
board rejected THE Easiest Way" a
film offered by the Midwest Photo
Play corporation. The film was held
by the board to be immoral. Follow
ing rejection of the film, the produc-
ers filed mandamus proceedings in the
Wyandotte county district court to
compel the cenSors to pass the film.
This case was lost and another suit
flied. John Hunt, assistant attorney
general, filed a demurrer to the second
petition. This demurrer was over
ruled and an appeal taken to the su-
preme court for a final definition of
the scope of the law. The supreme
court today overrulled the lower
court and remanded the case.
The redress of an aggreiVed party,
says Chief Justice Johnston in the
opinion. lis not denomination OF
the picture by the court nor the eX-
ercise of administrative and nom
rJraindicial mower but is such re-
dress as a court may give"
T.. L. c. Loses Another Case.
The Kansas public utilities COM
mission continued it's batting slump in
the supreme court today when that
tribunal denied a writ of mandamus
sought by the commission to compel
the Southwestern Bell Telephone COM
pany to build a line in Anderson coun-
ty When a windstorm destroyed the
line between Garrett and Lone Elm,
the company established an indirect
s6rVice.
Anderson county people appealed to
the state commission to compel the
company to restore the old service. An
order was issued, but the telephone
company refused to obey. The com
mission then asked the supreme court
for a writ of mandamus, which was
denied by the court.
Railroad Must Pay.
When a railroad company accepts
stock Tor shipment over a line Whlch
has suffered from the washout OF a
bridge without advising the shipper,
the road is liza ble for DANA geS. That
was the decision of the supreme court
today in approving a Judgment award
ed Leonard OFT against the Santa Fe
by the Barber county district court
OFT shipped a load of cattle TO ran
sas City Two weeks before the snip
ment was received, a bridge owned by
the road had been washed out rms
wsshout delayed the arrival OF the
cattle at the stock yards and on
Claimed damages. the loss OF tne
bridge had not been mentioned to the
shipper and he stated he had been
given no notice of the danger of de-
lay. The judgment awarded in the
trial court was affirmed.
- Must Collect from Employer.
Creditors of the various White IN
ssrance companies may receive fur-
tffer dividends under the decision OF
the supreme court today holding thai
James Burns. employed by the White
Agency must collect from his en-
.r1foyer for his services and not IRON
the insurance companies. The To
Deka National Live Stock Insurance
Co, the Central National Mutual Hal
Insurance companies and other de
funct insurance companies in charge
az CLAW Hamilton, as receiver. were
concerned in the settlement OF the
case.
Burns interviewed in a suit brought
bsLS NJ. Brewster. attorney general
to wind up the financial affairs o
the companies. When Burns inter
vened, he stipulated that he held {
contract with the White agency undel
which he should receive S1,725 TO
services. Burns was unable to Sc
cure judgment in the Shawnee coun
tz-distric+ court and appealed to tn
saspreme court. That tribunal toda!
affirmed the decision of the lowe
court. In an opinion by Justice Mar
shall, the court held that where on
contracts with the state agent of al
Insurance company to render servic
for the agent, and renders such serv
ice under the contract, the contracto
must look to the agent for his com
pensation."
Divorce Decree Is Judgment Bar.
Emma E. Heivly. cannot collect
claim for $3,251.4S against the estat
of her husband, Howard w. Heivly
aeeording to a decision of the suprem
court today affirming a decision of tn
shawnee county district court. TIL
court held that the wife's full prop
erty rights had been settled in a for
mer divorce decree.
asAIrS. Heivly administered the affair
OF her husband while he was an in
mate of the state hospital for the in
sane. claim of $3,251.4S in he
. favor was approved by the proba t
court. subsequently the wife filed sui
fo- divorce, alleging misconduct tina
occurred before the husband lost hi
reason. A decree was granted an
property settlement made. Late
Heivly was found to have been re
stored and a short time later he in
harited an estate in Missouri. Mr.
Heivly renewed her claim for the SO
251.4S, but the claim was denied b
the probate court under the divorc
decree. The district court upheld thi
finding and Mrs. Heivly's claim wa
-rday denied by the supreme court.
SUPREME CnIlRT DECISIONS