The Topeka state journal., 1918-11-09
CAN'T HOLD "POP"

JAN ! nUlD fUf
Continued from Page One.)
| ter was not acting as his agent, but
was driving the car on her own motion
and under a general authority that
extended to all members of the fam
| lily. Consequently the father could not
| be held liable for damages in a civil
| action.
| Flag. Defamer Convicted.
| Frederick Shumaker, of Wetmore,
i Nemaha county, was informed by the
supreme court today that he must pay
a fine or go to Jail as the district court
| may decree, all because he selected a
| blacksmith shop in which to make
contemptuous and -defamatory re-
| marks regarding the flag. The supreme
| court held that blacksmith shop was
| public place and that Shumaker's vio-
| lent and unpatriotic therein were in
violation of the law. 1t was also held
| that evidence tending to show former
| Gisrespect for the flag might be used
| in the case.
| Shumaker went to wetmore last
| February and entered into a discussion
of the war. Evidence showed he used
language of such a vulgar nature that
the supreme court positively refused
to publish it, in its reports. In the
course of his statement, evidence
| showed Shumaker declared, TT is no
body's business" This remark con-
cerned the war and the flag. Shu-
maker was arrested, tried and con-
/ victed.
| Justice John Marshall in writing the
opinion today declared in part: "Such
| language will not, cannot, be usedeby
eny man, in any place, concerning our
| flag if he has a proper respect for it.
cerning it either in Jest or in argu-
ment, does not have that respect for IL
! that should be found in the breast of
every citizen u the United States
| The supreme court held the state
| was within it's rights in offering tes-
timony concerning Shumaker's for
i mer disrespect for the flag. He was
| shown to have gone to Wetmore the
day General Funston was buried. OBJ
serving a flag at half mast. he said:
have the rags on the poles" The court
affirmed the verdict OF the Nemaha
county court and Shoemaker is now
subject to such penalty as may be i'm
posed under thel aw.
| Another Stamp Decision.
| Another chapter in the trading
stamp case was written by the Kansas
supreme court today when it sent the
criminal prosecutions of Topeka mer-
chants back to the Shawnee county
district court for trial. After the su-
1
law, passed by the 1917 legislature,
there were new contracts made be-
tween the green trading stamp COM
pany and merchants using the stamps.
The law provided for license for the
use of stamps. Cases were brought
against the Crosby Brothers, the Sper-
| ry-Hutchinson company and the Sure
ty Coupon company. The defendants
filed demurrer, which the district
court overruled and the state appeal
ed. The supreme court reversed the
rulings of the district court and sent
the cases back for further PROCEEDINGS
on the facts.
Cannot Give the Baby Away.
Just because a dying mother gives
her baby to her mother does not pre-
vent the fater later claiming and~ob
tanning custody of the child. This was
the decision of the Kansas supreme
court today In the case of Oscar Meyer
against Henry E. and Fanny Christ
Ter. appealed from Barton county.
The court held that the gift of the
mother was natural and proper, bu1
that when the father became of such
financial circumstances that he was
able to provide a home where the
, child could be properly cared for, his
acquiesence in allowing the baby tc
go to his wife's mother, cannot be helt
. again him. The child was given t.
the father.
Gas Company Must Pay.
The Consumers Light. Heat ant
!, Power Co. must pay for the loss O.
the j. L. Kennedy home in Oakland
, The state supreme court today affirmed
! a decision of the Shawnee county dis
trict court, which had allowed Ken
nedy q judgment for $1,000.
Evidence showed that Kenned.
) moved from his home-a house val
| ued at $4,000, with $1,000 insurance
? He notified the gas company to dis
, connect the gas. A man was sent from
: the plant, but failed to make prope
disconnections. His attention wa
: called to the fact that gas was escap
: ing. He touched a match to the sga
l was destroyed by fire. Kenned.
{ tbepught. suit, received judgment AM
? the supreme court upheld the actiol
l of the trial court.
butcher Wins Alimony Suit
The Kansas supreme court toda.
held that a verbal contract which A
|, B. c. butcher. formerly of Topeka
l made with his divorced wife was bind
ing and operative and that she coul,
a mony order from an Illinois cour,
4 The couple were divorced in 1903. Tn
Illinois court ordered butcher TO pa,
4 50 week alimony and gave the wifi
custody of a minor child.
Later. evidence showed, Dutche
entered into an agreement to pay hi
divorced wife sac a month for sup
|, fulfilled. But in 1915 the wife brough
e suit for money Claimed under the Hi
4 nois court decree. The Shawnee coun
e ty district court decided in favor o
n butcher and the supreme court to
day affirmed that ACTON.