The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-04-10
Kansas Roads Must Be Built at
/. Price in the Petition.
Santa Fe Wins s5O,000-a-Mile
Case in Barton County.
CHURCHES SETTLE OWN ROWS
State Courts Warned to Stay
Out of Religious Trouble.
Other Opinions of. Interest
Handed Down This Noon.

Supreme court justices today put a
crimp in road boosters who exceed
authority granted by taxpayers who
petition for hard surface roads. In
handing down an opinion relieving the
Santa Fe railroad from tax response
bility for a proposed hard surfaced
road in Barton county, the court held
that where a price for the road is
fixed for the petition, county commits
sioners are prohibited from contract
ing at higher rate.
Out in Barton county petitions were
circulated for a road across the coun-
ty. The petitions stated that the road
was not to cost more than $4,000 a
mile. The lowest bid, tho, was in the
neighborhood of $4,000 a mile. The
Santa Fe, which is the heaviest tax
payer in the benefit district, enjoined
the letting of the contract 1t urged
that the commissioners were limited
by the price stated in the petition.
In the Barton county district court
lit was held that when the petition
reached the commissioners that the
board was permitted to make such
contract as it saw fit. 1t denied to
the petitions control over the con-
tracts. The supreme court held that
the figures governed and reversed the
trial court.
Churches Must Settle Own Row.
Kansas courts should stay out of
church rows and under ordinary cir
cumstances have no jurisdiction, ac-
cording to decision today by the su-
preme court. The court reversed the
dgwick county district court, where
jurisdiction had been held in an action
to oust the pastor and his wife from
church offices.
B. Allard Smith was pastor of the
Wabash Baptist church in Wichita.
His wife was secretary. Following a
church row NJ, F. King and others
brought suit to separate Smith and his
wife from the church payroll. The
district court held against Smith and
his wife, but the supreme court today
said the churches should dispose OF
their own domestic affairs.
Controversies in a church relating
to the administration or expulsion OF
members, the retention or deposition
Fof a PASTOR said the supreme court
"are determined by them thru church
authorities and ordinarily the civil
courts are without jurisdiction"
Must Secure Warrants.
When police officers make a. raid
and invade a Kansan's home without
warrant or authority of court. such
action constitutes a mob. That was
the view taken by the supreme court
today in holding that the city OF
Wichita must pay damages to F. E.
Moore for invasion of his home by po-
licemen.
-Four police officers broke into
Moore's home without a warrant. They
broke down the door, overpowered
Moore and searched his house. They
were looking for liquor. They found
none in the home. Then Moore
brought suit against the city. A jury
found for Moore in a suit under the
mob act and the supreme court today
affirmed the Judgment.
Townships Are Liable.
When a Kansas township permits
the roads and bridges to be neglected
it is liable for damages when accidents
, occur. The supreme court today up
held the statutes requiring townships
to keep all roads and bridges in good
order when Il affirmed an appeal from
the Wyandotte county district court.
Set Aside Pearson Deed.
The supreme court today reversed
the Shawnee county district court when
il held that Mrs. John W. Pearson did
not have a right to deed an eighty
acre farm TO her grandson. A life
interest in the land was held by Mrs
Pearson by virtue of the will of her
husband who died in 1911. Two
months before the woman died she
decided the property, valued at $4,000
to 100000 to her grandson. Raymond
Orcutt. Other heirs brought suit, but
lost in the district court. The supreme
court reversed the case and held that
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