The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-13
CrawfOrds Get Information
QuaShed in Theater Suit.
Judge WhitcOmb Criticises Act
of Legislature.
ANOTHER MOTION is LOST
New Trial Denied in the Gus
tafsOn Case.
Motion Heard in the Meta
ScrinOpskie Case.

Judge Geo. H Whitcomb. in the
second division of the Shawnee county
district court today threw out of court
the case of the state against L. NJ. and
Roy Crawford and the Peoples
Amusement company by sustaining a
motion OF the defendants to quash in
formation filed against them by the
state labor commissioner. The de-
PENDANTS were charged with breaking
q state statute by failure to wire the
Novel.y and Majestic theaters in COM
Pliance with rules of the national
electric code.
: Judge Whitcomb held that d. law
s--.ssed by the 1911 legislature merely
providing a punishment for failure to
comply with the national electric code
was mighty poor Tit of legislation.
He pointed out that facts governing
the acts constituting a crime are usu-
ally indicated in a law while in this
Instance it is merely set out that
breaking OF more or less mystic code
constitutes the offense.
= II the state department would
place this national code before the
people so they would know when they
are breaking a law, the decision might
De different said Judge Whitcomb-
But his apparently has nos been
done. Few know what the rules are
IN the code
= Winning this case. the CraWfordS
rurned around and found themselves
4sers in motion for new trial in a
5000 suit brought against them by
g F. Gustalson. a Topeka plumber.
Mrs. NJ Z. Crawford. wife of L. NJ.
crawford technically is the defendant
u this suit as the Colonial hotel on
East Fifth avenue is in her name.
, Gusta son sued the owner of the
hotel for $4,000 for failure to pay for
furnace installed in the hotel. The
defense charged that the furnace was
not properly installed. did not give suf-
ficient heat and pounding in steam
pipes kept roomers from their SUM
bers a jury in Judge Whitcombs di-
vision of the district court gave Gus
tafson practically every cent he de-
1nanded.
:. A motion or a new trial was based
on new evidence, the defense claimed
II had obtained. on alleged failure of
jury to properly examine the heating
plant and on certain faulty instruc-
tons charged against the court. The
Jndge ruled that if proper diligence
had been displayed by the defense the
new evidence could have been intro
duced in the first trial. He upheld
his instructions as correct and held
Nat the examination of the furnace
BY the jury was sufficiently careful.
.. B. Larimer, attorney for the defense,
WAS granted 30-day stay of execution
during which time he announced an
appeal would be filed in the state SUI
preme court.
SCrinopsl1ic Motion Up.
4 motion to make more definite
and certain a petition for $1,000 dam
ages filed against Myer Scrinopskie
BY Daisy Meta was sustained by
Judge Whitcomb and he also sus-
4ained a motion to strike out that part
Of the petition calling for recompense
E5F $500 in furniture purchased by
Mrs Meta. Mrs. Meta leased two
Stories of a building at $40 Kansas
Avenue belonging to Scrinopskie and.
In that lease it is claimed the owner
PROMISED to furnish sufficient heat
Cor a rooming house.
Mrs Meta claims the roOmerS
nearly froze to death and left because
of Jack of heat The motion to make
more definite and certain demanded
III names of those forced to give up
Iheir rooms because of the lack of
beat Judge Whitcomb ruled that
ever should the poor heat contention
be proven, Mrs. Meta would not be
testified in receiving compensation
&or the furniture she purchased.