The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-05-07
Title of Industrial Court Is Suf-
ficient, Says Opinion.
Order of Judge Mechanism Is
Reversed by Court.
CITIES ARE HELD LIABLE
Are Responsible for Mainten-
ance OF Peace.
Ante-Nuptial Contract Held
Valid in Decision.

court law is sufficient in all respects.
This was the ruling of the Kansas su-
preme court today in the case against
Jerry Scott, a switchman arrested in
Kansas City during the OUTLAW
strike of switchmen d year ago. The
supreme court reversed the order of
Judge w. H. McCamish of the third
division of the district court of Wyan
dotte county. Judge McCamish held
that the title to the court law was not
broad enough to cover the penalty
clauses which provided Jail and
prison terms and fines for violating
the provisions of the law.
BY the order of the supreme court
today Scott must be tried for con-
spiracy to hinder the operation of an
essential industry. He was not
strike leader so is subject only to the
miSdemeanOr sections of the law and
can be fined and sent to jail only. If
Scott were one of the men who or
dered the strike or led it in any way
he would be subject to the felony
clause and could be sent TO prison
Appealed by State.
The case got to the supreme court
on appeal by the state. Judge Nc
Camish had sustained a motion to
quash the information against Scott
on the ground that the title to the
law creating the court of industrial
relations was not broad enough.
Judge McCamish held that the law
was unconstitutional because it vio-
lated the requirement that mo bill
shall contain more than one subject
which shall be clearly expressed in
its title
The opinion of the supreme court
was written by Justice Mason, who
said:
THE statute is, of course. to be up
held unless it is clear that the con-
sti-ut-onal provision has been violated.
a title to an act is not Objectionable on
the ground of generality SO long as ITS
scope and purposes are fairly indi-
Gated and it does not appear that the
matter in quest on may have been sur
repttiously passed"
The court presented a large number
of legal citations pointing out that the
title to the industrial court law was
ample in every respect and even con-
taineI clauses VIII ch were unneces-
sarY, but which tended to clarity the
purposes of the law The court re-
versed Judge McCam:sh and sent the
case back to Wysndotte county for
further proceedings.
Cities Arc Liable
Responsibility Of Kansas cites in
maintaining the peace was made
doub y impressive by the supreme
court when it held that it was not
necessary for people to actively par
cipa.e in an assault in order to make
the city liable under the mob act. The
decision was rendered in affirming the
Judgment against the city of Mineral.
Cherokee county where a number of
people stood on a street cor%er and
encoulagcd a jointist who was beating
a preacher.
Two DECISIONS were handed down by
the supreme court under the mob act.
One affirmed q judgment of S315O
against the city of Kansas City, Kan
The other affirmed a Judgment of
$500 which the Rev Charles c.
wilkins had been awarded aga ,nst the
town of Mineral.
Far Rcaching Decision.
The wilkins case was clearly the
most far-reaching of a series of su-
prcme court decisions affecting the
law making cities liable for acts of
mob violence. The law provides that
any act of violence by three or more
persons constitutes mob. In the
wilkins case the supreme court goes
beyond the actual letter of the law
and holds city responsible where by
ISLANDERS merely encourage an assail-
ant "and presumably by their attitude
restrain the interference of any who
might have q disposition to come to
the assistance of the plaintiff
The Rev. Mr.. Wilkins in his capac-
ity as clergyman conducted an anti
liquor crusade from his pulpit in
Scanmon. He won the i'll will of Dick
quor. One day the Rev. Mr.. wilkins
boarded an electric car and Burt and
friend followed with the avowed in
tcntion of giving him n beating. In
the town of Mineral the preacher pro-
cured a revolver. which he drew as he
backed away from his assailant He
was later overpowered by Burt and a
crowd that gathered cheered the
jotntist This was an act within the
provisions of the mob law, the su-
preme court held in sustaining the
judgment against the city of Mineral.
where the assault occurred.
In the case from Wyandotte county
a crowd of twenty or thirty men called
on Fred NJ. Sabins. a millwright, and
gave him a beating. The trouble
grew out of a row between two labor
unions. Sabins brought suit under
the mob act against Kansas Citv
Kan, and secured Judgment for
$3.50.
Acted With Eyes Open.
When a woman enters into an ante
nuptial contract the supreme court
feels she is acting with her eyes open
The court held a contract between a
widower with four children and a
widow with seven was enforcea BILE
even tho it contained features of an
parent unfairness
Sarah e. Burns was the mother of
seven children by former marriage
John T. Burns was the father of four
children by a former marriage There
might have been no complications in
their rather late marital relations had
not the item of eleven children en-
tered into the consideration Burns
owned an estate appraised at $40. 600.
He was jealous for the future we'll
being and comfort of his four chill
dren. Consequently he talked frank
ly with his prospective bride. It ALI
resulted in an anti-nuptiaI contract
This J contract provided that her
share of his property if she should