The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-10-08
Legal Phases of Wolf Case De-
fined by Supreme Court.
Definition of ReaSOnablenesS of
Award to Come Later.
10 FILE REPORT IN NOVEMBER
Packing Company May Seek
Writ of Error in e. s. Court.
DecIaratOry Judgment Act Is
Declared Good in Kansas.

Legal phases of the Wolff Packing
company wage and hour case were de-
fined by the supreme court today in
an opinion by Justice Marshall. A
memorandum upholding the court act
and declaring the packing industry
vested with a public interest was given
by the supreme court last summer.
The court has yet TO pass upon rea-
sonableness of the award made by the
industrial court in the packing COM
pany case.
In March, this year, the industrial
court issued an order fixing wages,
hours and working conditions for en-
pIoyes of the Topeka plant. Evidence
in the case had been presented to the
former industrial court and was de-
cided by the new court following pas
sage of the divorce bill by the last leg
isIature. The packing company re-
fused to put the industrial court de-
cree in operation and the case was
taken before the supreme court on ap-
plication for writ of mandamus.
Many Contentious by Packers.
Numerous contentious were set up
by attorneys for the packers. They al
legged that the company was deprived
of use of its property without due
process of law and that the industrial
court act was in conflict with pro-
visions of the Fourteenth amendment
to the federal constitution. All of
these contentious are set aside by the
supreme court decree in the opinion.
The SYLLABUS was defined in the July
order from the court.
Justice MarshalFs, opinion upholds
the court act on ali issues raised by
the packers. Definition of the reason
ablenesS of the ward, tho, will not
be given until the court has reviewed
a report by a special commissioner
The rPnnTf
will be filed in November. In the
meantime, the Wolff company will
probably seek a writ of error and ar
range for an appeal to the supreme
court of the United States There
constitutionality of the Kansas labor
court act will be attacked.
DecIaratory Judgment Act Good.
The supreme court upheld the con-
stitutionality of the new declaratory
| Judgment act. The first decision rem
dered under the law passed last win
ter was handed down in June. In an
| opinion the supreme court held the
law valid.
Constitutionality of the act was set
I tied in the supreme courts opinion
covering a decision recently an
nounced to the effect that Charles Z.
| Grove cannot legally hold office as
city commissioner of Wichita while he
is employed by a railroad company
WHICH uuNtl city Il aAlNlllS0-
/ 1t was alleged in the declaratory judg-
ment case growing out of the dispute
as to Groves eligibility that the law
| conferred non-iud:cial powers. The
supreme court denied this contention
Must Re-estabIish Residence.
! Living on the fe, eral military res
ervation at Fort Riley. Annabells Pen
dleton could not establish her resi-
| dence as citizen of Kansas and
! Geary county. Consequently the su-
| preme court today affirmed a decision
! by the Geary county district court to
| the effect that the woman is rot a
resident of that county.
Mrs. Pendleton sought a divorce
from her husband, Capt. Henry Nc
! Eldery Peldleton. Evidence showed
| her domicile was on the military res
ervation which is owned by the gov
ernment. Consequently she was de-
MED right to maintain a suit in the
| Geary county court as a resident OF
! Kansas.
Law Hits Hanover Mayor.
William DoebeIe mayor of Hanover
| Washington county, is just an or
| dinary citizen of Kansas when il
| {Coptfnued an PAGE 1'hreel