The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-01-10
Tribunal Approves Statute in
Every Particular.
No Legislative Powers to Petit
TONERS, Judges Hold.
CONTEST WAS FRIENDLY ONE
Most Any FIiyver Worth More
Than $50, Another Ruling.
Common Law Child Cannot In
herit Unless Admitted.

The Kansas supreme court upheld
today in every particular the Kansas
good roads law. Under this law more
than a hundred miles of hard surface
roadway are under construction and
contracts are being let for approxi-
mately eight hundred miles. Nearly
fifteen hundred miles have been pro-
jected and are in various stages of
preparation.
This was the law enacted by the
legislature of 1917 creating the high
way commission and amended in 1919.
1t put into actual effect in Kansas the
governments appropriations for aid
ing in the building of permanent high
ways. Kansas is to receive nearly
eight million dollars from the govern
ment under the present projects and
expects to receive an equal sum under
a bill now before congress appropri-
ating two hundred million dollars for
federal aid.
The decision today was that "there
wasn't anything wrong with the laws
enacted by the legislature on the
building of good roads in this state.
Because of the great importance of
the road improvement work in the
state and the numerous questions OF
flaws in the law. Richard ]. Hopkins.
attorney general, brought a friendly
the validity of the law. He raised
every possible objection to the law
that any one had suggested or whlch
he thought might be suggested IN the
near future. Included in the obJec-
tions were several alleged violations OF
the Kansas constitution and one or
two violations of the constitution OF
the United States were pointed out
The suit was argued in December ana
the decision today was written by w.
cnf faf Tn nf court.
The opinion of the court was ur1dn1-
nous.
No Legislative Powers. n
The court held that the law did not
grant any legislative powers to the
people who signed the petitions Tor
roads and that the statute did not take
from those opposed to the road any
property without due process of law.
The limitations and requirements of
certain numbers of petitioners owning
certain properties did not 1nvaAdate
the bill. The requirement of a uni
form and equal rate of taxation did
not affect the road law which pro-
vides for higher rates to be paid by
abutting property than that charged
against the property distance away
from the actual road but within the
benefit district The fact that town
ships are to pay a portion of the cost
of a highway from township taxes was
held not to entitle the township to any
representations or even to a hearing
about the Improvement.
The decision set out in detail the
powers and duties Of the county com
missioners in the building of roads and
in issuing bonds to pay for the work.
The suit was brought against the
county clerk of Shawnee county, who,
for the purposes of the suit, refused
to sign and issue one payment on the
Shawnee county section of the fort
to-fort highway, now nearly COM
pleted to the east line of the county.
This allowed the attorney general TO
bring an application for writ OF man
damus againSt the county clerk Inc
court ordered the writ issued, thus re-
leasing all funds held up while the
case has been pending in the supreme
court.
Knows About Flivvers-
The supreme court wants it dis
tinctly understood that it is not more
ignorant than common folks and that
it knows that Ford touring car run
only six weeks is worth more than
twenty dollars. The court wrote these
statements into the record today when
it ordered Lew Phillips sent to prison
for stealing a car in Johnson county.
Phillips pleaded that he should not be
sent to prison because the car wasn't
worth twenty dollars, the minimum
amount constituting grand larceny,
and also that he didn't push the car
out of the garage, a1tho he rode in
it to Kansas City and received half
of the two hundred dollars received
for it. The court explained that ''it
could hardly keep a straight face in
considering some of the arguments
and that it knew something about the
value of Fords.
In Inheritance Ruling.
common law child cannot inherit
from one whom he claims to have
been his father except on proof of
both paternity and recognition. under
a decision today of the supreme court
in the case of Leonie V. Brooks
against Leonie NJ. Fellows and Charles
G. Brooks. In making this decision
the supreme court affirmed the de-
cision of the Wabaunsee county dis
trict court. Leonie Fellows is a Pari-
sian by birth, testimony asserting that
she was the illegitimate. child of
Leonie Brooks and Charles Brooks.
Records of her birth and parentage
were made in Paris at the time of her
birth. The records were not signed
Continued nn Page Two.I