The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-02-12
Aaron Burr Conspiracy Case
Cited in /. w. w. Opinion.
Habeas Corpus Denied to Mem
Der in Rice County.
GRASSHOPPERS ARE NATURAL
Visit of Pests Not To Be Con-
templated in a Contract.
Testimony of Topeka Girl in
Wilson Case Allowed.

The opinion of Chief Justice Mar
shall of the United States supreme
court in the famous Aaron Burr con-
Spiracy case was cited by Chief Justice
Johnston of the Kansas supreme court
in handing down an opinion in the
William Danton 1. w. w. case in which
writ of habeas corpus was denied.
1t was held that the authorities of
Rice county have the right to hold
Danton for trial.
Danton who admitted that he was
a member of the 1. w. w. and that it
was his business to distribute its lit
erature and doctrines of the Industrial
Workers of the World was arrested
in Rice county on the charge of violat-
ing this anti-syndicalism law passed by
the 1920 special session of the legis-
lature. He was held on $500 bond,
which he refused to give, and brought
habeas corpus proceedings in the su-
preme court asserting that it was not
a crime to belong to the I. w. w. and
/ that while literature had been dis
tributed in violation of the anti-syndt-
calism law there was no proof that he
had distributed it.
In his opinion Chief Justice Johns
ton said:
SIN a preliminary examination be-
fore a magistrate upon charge or
criminal syndicalism that statement OF
the accused admitting the doing OF acts
in violation of the statute is sufficient
evidence to warrant the magistrate IN
holding him for trial"
The argument was set up by attor-
neys for Danton that imprisonment
in the penitentiary, as prescribed for
criminal syndicalism, is materially diff
Ierent from imprisonment at hard
labor, the penalty prescribed for an
attempt to commit crime, and there
fore the statute providing punishment
for attempts does not cover or apply
to attempt to commit criminal syn
dicalism.
Chief Justice Johnston said: There
is nothing substantial in the conten-
ton. Under the statutes all persons
confined in the penitentiary are re-
quired to perform labor. The punish
1nent inflicted there is not classified
as hard and easy labor, but all are re-
quired to labor under the directions
of the warden. Under our system ali
prisoners alike are required to labor
while confined in the penitentiary ac-
cording to their strength and capacity
and so proportional it may be said to
be hard labor for each prisoner.
In concluding. Chief Justice John
ston said, "Altho the evidence IS some
what meager we conclude that 1t IS
sufficient to warrant the holding of
1 the petitioner for trial and therefore
the application for the discharge on
the writ of habeas corpus is denied.
Allen-K. & L. of S. Case.
The opinion of the Neosho county
. district court in the case of A. N. AL
len, as guardian of Harry L. Jenner,
against the knights and Ladies of Sc
curity, was affirmed by the state SUI
prene court. An opinion written to-
| day by Justice Rousseau a. Burch is in
favor of Allen. The Knights and
1 Ladies of Security had issued policy
4 that should be void If the death of the
certificate holder should occur, as &.
consequence of his violating the law
The holders death did occur as the
result of a violation of a law, and ac-
4 ton, was brought in the district court
to collect despite the fact that the
provision in the policy was to the eff
feet that action could be brought
until proof of death. Instead of Of
fering it's regular proof of death
form, the defendant offered in evil
dence the transcript of the coroner's
4 inquest.
The court refused to allow the tran
SCRIPT to be read to the jury, and the
ruling furnished ground for the APP
peal However. the supreme court
held that the transcript was not ad-
81 INVISIBLE, either as independent evil
" dence of the facts disclosed. or as an
admission made in connections with
proof of death.
No Need to See Grasshoppcrs.
When an implement dealer by the
name of j. T. Helm. of Meade county.
entered into a contract with H. H
Kirchner, to deliver to him harvest
ing machine, 1T was not necessary Tor
him to consult the grasshopperS to de-
terniine when it would be necessary
for him to make delivery in order that
f the Farmer might harvest his wheat
before 80 Grasshoppers came for their
anla.-.. east. Such was the opinion
of Justice Silas Porter in affirming
H the decision in case from the Meade
county district court today.
In connection with the matters. in
s. volved Justice Porter called attention
TO the old law passed which required
that every one make war on the grass
hopper, and he said TN this connec-
ton it is worthy of note that Chapters
11e, and 100 of the laws of 1877, pro-
vlding for the destruction of grass
hoppers and for concerted action by
senatorial districts to accomplish that
purpose, and with the rather remark
able condition that before the grass
epoppers shall be destroyed by burning
Or Otherwise, ten days notice shall be
given by publication in the news