The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-07-19
Attorney Generals Assistant in
County Home Controversy.
Law Unconstitutional Under
Rotary Plan, Hawkes. Argues,
REHEARIKG ARGUMENTS MADE
Loss of Home Fund May Yet
Be Brought About.
Supreme Court DEGREES Rehear-
ing in Regular Way.

Shawnee county faced the grave
danger of loss of her $4,000 county
home today as a result of intervention
of the attorney generals office at the
request of Hugh T. Fisher. county at
torney Judge S N. Hawkes., assistant
attorney general, appeared before the
supreme court today in arguments for
rehearing the case. Judge Hawkes.
raised a new issue in the controversy
when he asserted that the entire coun-
ty home law is unconstitutional unless
the county board takes action under
the poor law. In such case. he assert
ed, the home must be located on the
site of the county farm.
Rehearing in Regular Way.
The rehearing in the county home
case in the supreme court will have
to come up in the regular way, which
would be about September 1, the court
told the plaintiffs late this afternoon.
The case was argued this afternoon
in the hope that a rehearing on the
case which was recently decided
against the county commissioner
might be granted at once. A regular
application. however, must be filed, it
was stated.
This win probably hold up the
county home project until about Sep
tember, unless another way can be
case.
Contrary to the general custom and
practice in presenting applications for
rehearing in the supreme court, attor-
neys appeared today in oral argument
The Intervention of the attorney gen.
erals office and the raising of a con-
stitutional question gave new interest
to the case and may threaten validity
of the act under which Shawnee coun-
ty voted $4,000 worth of bonds for a
new county home and hospital.
What Law Provides.
Recently the supreme court decided
in a majority opinion that the county
commissioners could not locate the
home on the site of the county farm
under provisions of the act. The law
under which bonds were voted pro-
vides that the home must be estab-
lished as nearly as practicable to the
county seat. Four court Justices
Burch, Dawson. Porter and Mason
concurred in the opinion by the court.
| Three justices-Chief Justice john
ston, and Justices Marshall and West
dissented. Justice West wrote a spe-
cal dissent. The case was decided on
appeal from the Shawnee county dis
trict court where a restraining order
had been sought against the estab-
lishment of the home on the county
farm site. The injunction was directed
In the hearing before the district
court and the appeal to the supreme
court, the constitutional phase of the
issue was not seriously raised Judge
| Hawkes., tho, devoted practically his
entire argument today to the constitu-
tional phase of the county home law.
He asserted that under the constitu-
ton funds could be provided for the
home by direct taxation only in event
the home was to be used for extension
of work for relief of poor and INDECENT
residents of the county. He stated
that this provision could be evaded
! only by increasing the general tax
levy.
Such Course Impossible.
Since the general budget of the
county already calls for the maximum
! levy such course was held by the as
sistant attorney general to be impos-
sible. Judge Hawkes. declared that
the county home could and should be
established on the county farm IL built
at all. He supported the contention
| of the county attorney in a motion for
| rehearing. The recent course OF
the court in directing a special loca-
ton was declared to be unconstitu-
| tional.
Attorneys for the Rotary club,
| whose officers directed the applica-
| ton for an injunction against the
| county board, argued in support OF
| the prevailing opinion of the court.
They urged adherence to the strict
provisions Of the county home law and
renewed their arguments that the To-
cation of such an institution was not
within the discretion Of the county