The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-12-11
THE LAW OF 1919 is INVALID
Supreme Court Holds Court
House Could Be Moved.
War Was Revived When Sub
lette Secured Railroad.

Sublette wins the Haskell county
court house. The supreme, court today
affirmed decision of the. Haskell
county district court and made valid
the recent election which moved the
county seat from Santa Fe.
The fight between Santa Fe and
Sublette has been hot and bitter. It
mas been twice before the legislature
local politics of Haskell county for sew
eral years.
Law of 1919 Is Invalid.
In 1918 the legislature passed a new
law regarding moving of county seats.
The supreme court held the law in
valid. Then came the special session
OF 1920. After a hard fight, the leg
isiature finally passed the bill which
permitted the calling of a special cleo
ton. Recently efforts were made to
enjoin holding of a special election.
The district court denied the writ and
the case was appealed to the supreme
court. The election was held and Sub
lette won-but final court decision
made uncertain ultimate results. The
supreme court today held the court
could be moved under the new law.
The county seat war in Haskell
county has broken out at intervals
over a period of many years. 1t was
revived several years ago when Sub
Ilette secured a railroad. Now it seems
that the towns persistency is to be
rewarded by peaceable removal of the
court house and county records.
Take Chances on Freight Trains.
When the legislature passed the law
providing that stock shippers might
ride on freight trains as caretakers
there was no provision that such care
takers be accorded comforts, courte-
sizes, service and protection which go
to persons riding on passenger trains.
day unable to sustain his judgment
against the Union Pacific railroad
when the case was reviewed by the SUI
preme court. 4-s-s.s .--
John O'Laughlin, representative
elect from Ellis county. shipped car
of stock to Kansas city. Binder ac-
companied the shipment as caretaker.
When the freight train reached To-
peka more cars were added. In the
switching process Binder alleged he
was thrown to the floor of the caboose
and injured. He also alleged that the
car door could not be properly closed
and that he caught cold. He sued the
railroad company and an Ellis county
jury gave him judgment The su-
preme court reversed and remanded
the case lOQdy- LII luS SYLLABUS Oy
Chief Justice Johnston the court said:
Railroad companies are required
to carry passengers on certain freight
trains, but are not required to take the
same precautions for their safety and
comfort as they must for those riding
in passenger trains As to passengers
riding on freight trains the carriers
are only liable for gross negligence"
Amrine Holds His Job.
The supreme court today wound up
a chapter in the Council Grove town
row when it held that NJ. F. Amrine
was entitled to his seat as a member
of the town board of education. The
decree unseats J. ]. Rhodes, wealthy
lumberman and well known Republic
an leader.
Amrine went to France as Y. M.
c. A. leader. A letter which he wrote
home was construed as a resignation.
Special election was held and Rhodes
was declared elected to fill the va
cancy. Then Amrine came home
from France and demanded his job.
The board refused to recognize him.
A red hot town row developed with
Rhodes Emmett George. secretary to
the governor, and other well known
Republicans on one side, and Amrine
and his followers on the other. Man
damus proceedings were filed in the
supreme court and that tribunal to-
day held Amrine's letter was not in
itself sufficient to constitute a resig
nation and that he could hold the job.
Pleasant Hill township in Ellis
W'ontinued IN Page Two.I
a.