The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-07-05
Supreme Court Decides Against
County Commissioners.
Directs Granting of Injunction
To Stop Work on Building.
WASHBURN DISTRICT LOSES
Residents Do Not Have To Pay
Double School Tax.
Court Hold State Board Cannot
Be Sued.

The new county nome ana hospital
for Shawnee county cannot be built on
the site of the poor farm. The KAN
sas supreme court handed down a de-
cision today directing that an inJunc-
ton be granted against the county
commissioners prohibiting the con-
struction of the first unit of the build
ing on the present poor farm site.
Last summer the Rotary club and
the Shawnee County Medical society
made a campaign for a $4,000 bond
issue for building the first units of
county home and hospital. These or
ganizations entered into the campaign
and spent considera BILE sums of money,
it is said, in the belief that the institu-
ton would be erected on land adjacent.
to the city of Topeka, where adequate
sewage and water would be available,
where the institution would be under
the protection of the city's fire depart
ment and where there would be rea-
sonably good street car and other
transportation facilities. This did not
mean that the home should be inside
the city limits, but close enough that
these facilities could be provided at a
minimum expense.
Bonds were voted and some time later
the county commissioners announced
that it was their intention to build the
new home and hospital on the site of
the poor farm-four miles north of
Topeka.
Took Matter to Court.
The Rotary club and medical society
brought suit in the district court to
stop the erection of a new building at
the county farm. The law unoer
which bonds were voteo defines the
county settlement site as ten acres OF
land situated as near as practicable TO
the county seat" 1t was the conren-
ton of the two organizations that the
| 60, cit mr.
with the law. Judge Whitcomb de-
cided in favor of the county commits
sioners but the supreme court re-
versed his decision and ordered that
| the Injunction asked for be allowed.
In its decision the court said: IN
is necessary that the snent nay
fire protection, abundant water supply
| and good sewage. which are readily
| and adequately supplied at a locator
/ where municipal facilities may bs
\ utilized and not otherwise. Easy &C
cess 70 improved streets and street cal
lines is a desideratum. The law
is benevolent in purpose. as distln-
| guished from poor law. Is not sup
| plement to the poor laws and tht
! mowers conferred on the board .ol
county commissioners are tc be exer'
| cised independently of it's powers re
lating to paupers and the county poor
| farm.
THE board of county commission
ers has no general discretion over the
subject of locating the settlement by
taking into consideration the welfare
of all of the people of the county, tht
welfare of all those who may be cared
| for at the settlement and at the pool
| farm. and other matters determined
! by the legislature in fixing the statu
tory location. The function of thu
commissioners is limited to determin
20 - nf
to the county seat.
1.-THE facts considered and held th'
defendants (county commissioners
| acting honestly misconceived the law
and their authority under the law, IL
locating the settlement of public wei
fare institutions on the poor farm
I.some three miles from Topeka, th'
county seat"
The law contemplates a county set
tlement of three institutions on on
site. One of these is to be hom
for aged and INDECENT. another Is t
be a hospital and the third is to .b'
a tubercular sanatorium.
Justice Burch wrote the opinion b!
the court Justices Porter. Dawson
and Mason Joined in the opinion. Jus
tice Marshall wrote dissenting opin
ion, concurred in by Chief Justic
Johnston and Justice West.
A portion of the building has al
ready been constructed on the presen
county home site.
Washburn District Loses.
The supreme court decided that tn
property owners in school district SO
Shawnee county. should not be re
quired to pay taxes for both tn
Washburn rural high school and tn
city schools of Topeka. After tn
rural high school district was organ
lied. the school board of Topeka at
tached the territory of district So I
the city for school purposes. Tn
property in the district thus pay
schools and the children may atten
the Topeka schools without tuition
The suit was brought by Christophe
Burning and others against the boar
of the Washburn rural school to pre-
vent the collection of a double tai
The lower court decided in favor c
the Washburn rural high school dis
. trict, but the supreme court reverse
that decision and held that the prop
erty was not liable for the double taa
alton.
Cannot Sue State Board.
Suits against the state board of ad
corporations and individuals even tn
the Kansas law recites that the boar
may institute and defend any and a
proceedings necessary to protect til
interests of the state. The power thu
conferred by statute is held by tn
supreme court not to bestow a waive
or immunity from the constitution
provision against suits against I'll
: state by private parties and interest
The supreme court held for II
(ontinued on Page Twoi
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