The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-11
Clause of Fire Prevention Act
Held Unconstitutional.
Supreme Court Hands Down
Crawford Case Decision.
PEDESTRIAN HAS SOME RIGHTS
But 1t Is Good Judgment To
Give Way to an Auto.
Newspaper Can Attack Official
Conduct of an Officer.

A Kansas legislature cannot dele
gate to private individuals and asso-
Citations of persons the power to make
obligatory rules concerning the man
agement and care of property. Nor
can it provide that the breach of such
| rules shall be a penal offense. That
was the decision of the supreme court
today in declaring invalid the section
of the fire prevention act providing
that theater owners are compelled to
make electrical wiring in conformity
with provisions of the national cleo
| trical CODE
In the opinion handed down today
the supreme court upheld a decision
| of the Shawnee county district court
which sustained a demurrer to the
states complaint against L. NJ. Craw-
| ford and Roy Crawford of Topeka and
the Peoples Amusement company. The
supreme court took extreme exception
| to the proceedings of the legislature
wherein it was sought to delegate to
private organizations and Individual
! citizens the right to regulate business
, or housing conditions or to enforce
rules. the violation of which became
penal offenses.
| Complaint was filed by the state
| against the wiring conditions of the
Grand theater in Topeka because it
did not conform with the national
electrical CODE The district court
appealed
Can't Abdicate Functions.
'In our commonwealth" said Jus
| tice Dawson, who wrotes the opinion
the power to make, amend, alter and
repeal the laws is vested In the legis-
lature. That body may not abdicate
\ its functions nor delegate its powers
to any other body, however learned
and wise and far-signted the latter
may be. This principle of our consti-
| tuition and of our public policy is fun
/ damenta1 If assent to such a
doctrine could be given, a situation
would arise where owners of property
with considerable persistence might
learn what these code rules were and
incur the expense of making their
property conform thereto, only to find
that the National Fire Protective asso-
citation had reconvened in Chicago.
New York or New Orleans and had
Irevised the code and that the work
and expense had to be undertaken
anew If the legislature desires
to adopt a rule of the National Electri-
cal Code as a law of this state, 1t
should copy that law and give it a
| title and an enacting clause and pass
| 1t thru the senate and house of repre-
/ sentatives by a constitutional ma jority
| and give the governor a chance to ap-
| prove or veto it, and then hand it
| over to the secretary of state for pub
| lication."
Echo from Van Wormer Case.
| In an echo from the famous Don
| VanWormer case from Morton county.
| the state supreme court today affirm ed
a decision by jury in the district
| court holding four men guilty of fell
| onious obstruction of an officer. The
| four men were charged with aiding
| vanW Wo-mer in escaping from Sheriff
Martin E. Moore a short time before
| VanWormer killed the sheriff.
l fho Lii ne III
Moore, warrants were issued for tine
arrest of J. E. McCarty. Joe Littcll.
| Walter LitteIl and Lewis Perkins,
charged with aiding Van Wormer in
escaping from the officer Sheriff
| Moore possessed a warrant from a
justice of the peace. So did a con-
| stable. 1t was shown in the trial of
| the case that the four defendants in
the case held. beat and obstructed
| Sheriff Moore to such an extent that
/ Van Wormer was able to escape. A
| short time later he shot and killed the
sheriff. Van Wormer was tried in
Hamilton county and convicted. The
supreme court upheld the verdict of
the trial court But Van Wormer.
who was under s25.000 bond at the
time, escaped and has never been ap-
pretended.
In the decision today. Justices Mar
shall and West dissented. The pre-
| Ndillns opinion was written by Justice
| Burch.
Employer Must Pay.
An employer who allows old en-
ployes to play practical jokes on a
| new employe, which result in the en-
pioyes injury. must pay under the
! workrnen's compensation law Thi.
was the decision of the supreme cs.urt
today in the suit of w. p. White
against the Kansas City Stock Yard.
company.
The Older employees had been at.
taching charged electric wire to q
door knob and White was injured
when he opened the door and wa.
shocked by the electric current. The
lower court and the supreme court
both held that employers must watch
and take care that dangerous practi.
cal jokes are not perpetrated.
Yes, the Walker Has Rights.
Where a road is SO narrow thai
pedestrian and motor car cauno
pass. it is good judgment for the pc.
destrian to move out into the weeds
But where a road has ample Width
Tor passage. the motor car driver mus
! ft'oDfinued on Page 1wo-J
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