The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-11-06
Kansas Supreme Court UphOlds
Anti-PilI Law.
Opinion Expected to Stop Ell
forts to AnnuI Act.
DECIDE HARPER COUNTY CASE
Earl A. NOSsman Sold and Gave
Papers Away.
War Claim Insurance Case Is
Decided Today.

The Kansas supreme court has
again upheld the anti-cigaret law.
This time the opinion, written by Chief
Justice Johnston is said by lawyers to
be sweeping in all of its details and is
expected to put an end TO the efforts
to annul this law. The opinion was
handed down today affirming a case
appealed from Harper county in
which Earl A. Nossman was convicted
on the charge of having cigaret papers
in his possession and of. selling and
giving away the papers and cigarets.
The claim was made by the defend
ant that the provision of the law max
ing the possession of cigarets and
papers prima facie evidence of the
selling of same was a denial of the
due process of law. The point also
was raised that the state did not have
the authority to deny the sale or
tobacco when put up in a certain form
such as rolled In cigaret papers while
permitting the sale of tobacco in other
forms. In his opinion Chief Justice
Johnston said:
For a number of years there has
been a well settled opinion that the
use of cigarets. especially by persons
of immature years, was harmful and
the courts have recognized that they
were deleterious in thier effect. Their
sale and use have been regulated and
prohibited by legislative bodies and
these measures have been upheld as a
proper police power"
In the syllabus Justice Johnston as
serted:
The provision making the posses
sion of C garetes and cigaret papers
pr.ma facie evidence of the selling and
keeping for sale Of the prohibited
articles is not a denial of due process
of law"
Opinions of the Illinois supreme
court uphold.ng an ordinance of the
city of Chicago was quoted. The court
also cited the supreme court opinion
in the case of the Tennessee enactment
prohibiting the bringing of cigarets and
e.garet papers into the state to be sold
or given away.
Decides War Claim Case.
In the case of o. c. Bradshaw, ad-
ministrator of the estate of E. e. Brad
shaw, against the Farmers and Bank
ers Life Insurance company, also ap-
pealed from Harper county, the court
held that where an insurance policy
contained an anti-military clause, the
clause was valid and the insurance
company was only obligated to return
to the beneficiary of the policyholder
the amount of the premium paid in:
e z. Bradshaw held such policy
when he was drafted. While in the
The administrator of his estate went
into the district court and asked for
Judgment for the full face value OF
the policy which was $4,000. This
judgment was given, but the supreme
court reversed and remanded the case
with instructions that the lower court
enter judgment for the defendant.
DispoScs of Grandmother Row.
Carolyne Denton. a Wichita girl,
who furnished the basis of the sensa-
tionaI row among her two grand
mothers, was today given into custody
of Sallie Denton under an order of the
supreme court. The court held that
Mrs. Denton was not required to give
notice to Isabel James. another con-
tender for the custody of the child,
when order of adoption was secured
from the probate court.
The child is the daughter of Frank
and Mry b. Denton. Her mother died
in 1917 Several months ago the child
went to live with Sarah L. Denton,
mother of her father. During her stay
adoption papers were procured by
Mrs. Denton. The adoption was con-
tested in a subsequent action before
the SedCwick county district court.
Confined on page Three.l