The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-06-11
Topeka Bridge Co. Must Pay
for Trego County Bridge.
Structure Was Destroyed by
High Water, Is Claim.
WILL RECOVER s2,345.31
Charter for st. Mary's College
Is Held Valid.
Santa Fe Wins Suit Involving
Total of $4,000.

When the Kansas legislature in the
1920 special session passed the anti
syndicalism law it barred Joining or
preaching the gospel of disloyai or
ganizations, but did not bar disloy-
alists or members of disloyal organi-
zations from entering the state. That
was the decision of the supreme court
today when it affirmed an appeal from
the Montgomery county district court,
where information in a state case
against C. E. Berquist was Quashed.
Berquist was alleged to be MEM
Der of the I. w. W. He was arrested
on a state warrant under the anti
syndicalism act. The information
charged him with being a member OF
the Industrial Workers of the World
1t did not charge he taught disloyalty
in Kansas. as prohibited under the
law, nor did it specifically allege that
he had become a member of the or
ganization while in this state. Ber-
quist,s attorneys moved to quash the
complaint and their motion was sus-
preme court upheld the trial judge.
Judge Mason in the opinion today
said:
1.-The mere coming into this state of
one who had heretofore become
member of such an organization as the
to its terms, render him subject to
prosecution here"
School Charter Is Valid.
In the first opinion handed down by
the supreme court under the declara-
tory Judgment act, the charter of St
Mary's college at st. Marys is held to
be valid. The general rule and law
applied to charter rights of companies
organized for profit is held by the su-
preme court not to apply to educa-
tional institutions.
The charter of st. Mary's collest
was issued in 1869. 1t was never re-
newed and under an act of the 19Os
legislature extending corporate life t6
fifty years, has expired. The ques-
ton of the schools charter rights was
presented to the court under the new
declaratory judgment act. The court
without determining the interpreta-
ton of Kansas statutes affecting cor
porations organized for profit holds
that st. Mary's college continues II
force without further action.
Bridge Company Must Pay.
The Topeka Bridge and Iron com
pany, and its bonding company mus
pay Trego county the full price of 6
bridge destroyed by high water as q
result of noncompliance with plans
and specifications. The bridge was
Jointly constructed by Trego and Ora
ham counties. the two counties divid-
ing the cost.
Evidence offered by Trego county
tended to show the bridge was defec-
tive in workmanship and materia
and was not according to plans. The
supreme court held that Trego county
was entitled to recover $2,347.31 al
the principal and interest on the
bridge which originally cost $2,145
The judgment was affirmed agains
the bridge company and its surety.
Santa Fe Wins Big Suit.
The supreme court reversed and re.
manded the judgment of the jury II
| the Cowley county district cour
where George r. Mcintosh secured g
| judgment of $4,000 against the Santa
Fe railroad company for personal in
junies.
Mcintosh was an engineer on traiT
which ran head-on into a special ant
a number of people were injured
| Confusion and carelessness of the reg
! ular train crew was shown in the read
| ing of orders as to the point where
the regular train was to meet the spe.
cial. The railroad company contende6
| that the accident was due to careless
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