The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-06-07
SUPREME CUURl
Law Upheld Establishing In
duStriaI Farm for Women.
Appeal of Woman Convicted of
Selling Liquor Here.
FIGHTS ARE MADE PAYABLE
When Two Persons Engage in
Combat Both Must Pay.
Other Decisions Handed Down
by the Court Today.
FIGHTS ARE MADE PAYABLE

The Kansas supreme court today
upheld the constitutionality of the
law esta ablishing the state industrial
farm for women, which has been To-
Gated in connection with the state
penitentiary at Lansing.
In the appeal of Mrs. L. o. Heit-
man from Shawnee county, the court
held that the fact that a man con-
victed of the same offense might be
sent to a different place of confine-
ment did not make void the law es
tablishing the detention farm fol
women. Mrs. Heitman was convicted
of selling liquor. She was sentenced
to pay a fine of S100 and serve an
indeterminate term at the detention
farm. The plea was made thai if
Mrs. Heitman had been a man and
the same circumstances applied the
sentence would have been to the
county Jail. Therefore it was assert
ed she had been denied equal protec-
ton under the law. The court held
that the contention was without rea
value and that it was perfectly proper
to send a man to Jail and a woman to
the farm.
Must Pay for Fights.
In Kansas when two persons en-
gage in a mutual combat, each may
recover from the other all damages
caused by injury received from the
other in IL a fight, according to a de-
cision of the supreme court. handed
down today. Jane Mccullough brought
suit against Margaret NJ. Goodrich in
Sherman county for injuries received
in a scrap. The lower court and the
supreme court both ruled that both
contestants could collect damages for
injuries received when both went into
the fight by mutual consent. 1t ap-
parently makes no difference who was
worsted in the fight.
Jane McCulloch is a physician at
Goodland. Margaret Goodrich went
to her office on a business errand. Ac-
cordfng to the court records Margaret
M Goodrich became abusive and Doc
tor McCulloch requested her to leave
the office. The two women became
involved in a fight in which Doctor
McCulioch was injured by being
struck with an umbrella in the hands
of Margaret Goodrich
Each party is liable for her own
wrong doings," says the court. THE
defendant assumes that the plaintiff
doctor McCulloch) was the agrees
sor and argues that Doctor McCuI-
loch cannot complain if she came out
second best in the fight The as
sumption omits the possibility that
the defendant (Margaret NJ. Good
rfch) consented to the fight and will
ingly engaged in it. If she did so
consent and did so engage in it. she
Is liable for the injuries inflicted by
her on her opponent"
To Prison for Operation.
The conviction for manslaughter in
the first degree of B. J. Patterson and
j. A. Gregoire in Pratt county for the
death of Floris Lewis was upheld by
the supreme court today. The woman
died following a criminal operation by
the defendants.
Uphold High School Law.
The supreme court today upheld
amendments to the rural high school
law as enacted by the 1917 legislature
In affirming decision from the Reno
county district court, the supreme
court today held that new provisions
in the act were valid and that an at
tempt to disorganize a rural high
school district at Turon could not be
maintained.
Evidence showed that the state on
relation of the county attorney Of
Reno county sought to enjoin the COL
lection of taxes levied for the rural
high school at Turon. This school
was organized under provisions of the
1917 act. Validity of the law was at
tackled in the suit. The trial court
held that the act was valid and that
when the petition for disorganization
was presented the statutory time for
action had passed. Provisions of the
chapter touching diSorganizatiOn of a
district formed before passage of the
act, were held by the court not to an
ply.
In the Reno county case it was
shown that certain common school
grades were taught. Rural high
school funds were enjoined for this
use. Aside from this issue the courts
held for the school district and divided
costs between contesting parties
Husband Must Pay Up.
When a divorced husband fails to nav