The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-05-08
Independent Drivers Lose Fight
on New Law.
Court Holds 1t Valid in Every
Essential Detail.
is IN INTEREST OF PUBLIC
TOpekans Win Suit Against
Mill for Sons Death.
Packing Company Not Liable
for Death in Plant Fight

Independent taxi drivers and bag
gagemen lost their fight on the new
Topeka city ordinance today when the
supreme court held Nhat the new Ii
cense and permit provision was valid.
SO long as soliciting permits are re-
stricted or regulated in the interest
of the public, the court held the plea
OF special privilege could not be sus-
tained. The opinion upholds the new
city ordinance in every essential de-
tail.
In deciding the case today, the court
said a railroad company may grant
an exclusive privilege to one and ex-
cIude all others who desire to go upon
its premises for the sole purpose OF
soliciting customers and business. The
same right extends to individual prop
erty owners, in the opinion of the
court Each individual or corporation
NAV limit or restrict all soliciting on
space in front of its property thru
permits to be filed with the city clerk
Such permits may be revoked at any
time on ten days notice.
Public's Interest Determines.
"A city ordinance is not void be-
cause it grants a license to one ana
denies it to another" says Justice Por-
and the restriction are in the in
terest of the public
The opinion then discusses at length
the question of public interest. A
city's power of license regulation Is
held to be supreme where such regu-
lation or restriction operate in the
general public interest. both for pro-
lection and safety as we'll as for
adequate, efficient and responsible
service.
Test of the Topeka ordinance gov
erning license permits for TAXI ana
baggage companies came before the
court on an application for writ OF
habeas corpus by August NJ. Nader.
The petitioner was arrested for violat-
ing the city ordinance when he so
licited business at the Rock Island
station. The railroad company pre-
viously had issued an exclusive permit
to the Roy Payne company.
Nader asserted his rights were de-
stroyed under operation of the ordi-
nance and that special privileges were
provided. His attorneys attacked con-
stitutionality of the ordinance When
they went to the supreme court with
an application for a writ after Nader
had been ordered committed to jail
under provisions of the city enact
rnent. The court denied the writ and
held that the ordinance is valid
Can't Collect From Employers.
The Swift Packing company cannot
he held liable for damages because o.
the killing of a Mexican who is en-
gagged in trucking livers in the defend
ants packing house. The supreme
court today reversed a judgment BY
the Wyandotte county district court IL
favor of Crsencia Romerez. whose soT
was killed when he quarreled will
men who previously held the livel
peddling privileges of the company.
The Mexican mother brought sui
against the packing company fol
damages It was asserted the Mexi
cans death resulted from trouble
growing out of the packing plant bust
ness. The supreme court, however
sets aside the judgment in favor of th'
plaintiff and holds that his trouble die
not arise out of his employment.
Packer Must Pay for Injuries.
The supreme court today affirmed ;
Judgment in favor of Jacob Berscl
against the Norris Packing compan.
for personal injuries. The suit in
VOlved the meaning of the word 'wil
fur as used in the statutes denyini
compensation TO a workman injured
thru wilful failure or neglect. Justic
Burch in the opinion today held tha
wilful failure is not necessarily full
filled by voluntary and intentiona
omission, but includes the element o
intractableness, the headstrong dis
position to act by the rule of contra
dictiou.
Topeka Parents Win Suit.
Under the state compensation lay
CONTINUED on Page Nine)