The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-06-10
in SUPREME COURT
Wolf Packing Company Wage
Award Approved Today.
Industrial Court Order Affected
800 Employees Here.
new TRIAL FOR OSWEILER
Killed Sweetheart, ''the Only
Girl That He Ever Loved"
Other Opinions Handed Down
by State Body Today.
new TRIAL FOR OSWEILER

writ of mandamus compelling the !
Charles Wolff Packing company of |
Topeka to put into effect a wage !
award allowed more than year ago
to 400 employees by the industrial
court. The court held that the labor
tribunal might order a slight tenn
porary wage increase under proper
circumstances even tho at the time
an industry may be operating at a
loss. Justices Burch and Porter dis
sented.
The litigation surrounding the
Wolff case is destined to go to the
United States supreme court. The de-
cision today is the second by the state
supreme court touching phases of the
order made by the industrial court in
writ the court holds that under the
industrial court act IL was proper 10
investigate working conditions and
wages and make temporary awards IL
lieu of the possible strike.
1t is held by the court, however,
that the labor tribunal cannot make
orders to be observed by operators be-
yond matters embraced within tn
given notice. unless operators consent
to further investigation. The most
drastic feature of the writ, however is
in the finding of the court that wage
increase may be granted under certain
| circumstances altho an industry at the
time of the hearing was shown to
/ have been losing money. 1t was la: &c
ly upon this feature that Justices
Burch and Porter dissented. The dis
senting opinion was written by Jus
tice Burch.
New Trial for OsweiIer.
I Theodore Osweiler, Jr.. gets a new
/ trial on a charge of numbering Caro-
( line Cunningham, his sweetheart,
"and the only girl he ever loved" The
/ supreme court today reversed the
Sedgwick county district court and
remanded the Osweiler case for re-
hearing. He was convicted of second
i degree murder.
! The case was reversed on applica-
! ton of the rule that a defendant
about to be brought to trial cannot be
proceeded against if his mental con-
dition is not fit. The court failed to
order an immediate examina ton as to
Osweiler's mental condition when his
counsel cOntended at opening of the
trial that he was not mentally capa-
/ BILE.
Osweiler son of a former Sedgwick
county legislator. had been educated
! for the priesthood. Because of his
religious zeal he had taken the no.
vitiate for the most austere monastic
order. the PasSiOniStS. AS a child he
had lacked the play instinct. He was
slow in his studies, morose in dispO-
sition, did not participate in games
and sports, formed no youthful COM
/ panionshlpS He was morbid and
subject to fits of depression and dis
play of great religious fervor. He de-
cided to become a monk, sought ref
! uge with the Passionists, in order to
save his immortal soul. He left their
! retreat nervous wreck. On success
sive mornings he walked a mile to
church thru inclement weather. scan
/ tily clad.
Then came Osweiler's great love for
Miss Cunningham. Suddenly the love
turned to violent hate One day he
wrote her my love has turned to
hate and I hate you and curse you.
and hope all the bad luck possible will
fall upon you if you ever marry any
/ one" Sunday morning, August I,
] 1920. Osweiler waited for Miss Cum
ningham as she went to St. Mary's
cathedral in Wichita. AS the young
woman II ounted the cathedral steps
/ Osweiler shot and killed her. His
counsel contended he was of unsound
mind. and asked for a. mental test be-
fore proceeding with the trial. It was
not granted, and the court reversed
and remanded the case. THE ques-
August l." says Justice Burch, bears
no relation to the question of capacity
on December 8, following, to defend
against a charge of crime"
p. L. c. Gets n Backset.
It is not error, according to the
Kansas supreme court. for a district
court to grant a temporary injunction
against the state public utilities COM
mission where il is shown current
rates are unjust, unreasonable and
the court affirmed action by Judge
James A. Mcclure of the Shawnee
county district court. when he en-
! Joined the rate order by the state
commission ingthe case of the Kansas
City Long Distance Telephone COM
pany.
The state commission made an order
in the telephone case which was pro-
tested by the wire company. 1t re-
4 strained its enforcement thru a writ
I of the district court. The commission
[ appealed. Justice Joh Marshall
wrote the opinion today which adds to
the list of court decisions recently
The court holds that the company is
entitled to an adequate return upon ITS
property according TO valuation placed
on it by its owners 1t also was held
that the order was made without due
notice or permission TO the company
to introduce evidence of Importance to
the corporation.
The court also affirmed the Shaw
nee county district court in its judg-
ment allowing an increase in gas rates
for the city OF Winfield Judge Whit
combs division of the district court
former combination utilities commits
sion and industrial court
Circus Must Pay.
The Sells -F'loto Show company must
pay damages to John Toelle. lad who
I succumbed to the lure of the big
I tent" and followed the circus away
Il ON Kansas City a an employe with
out the consent of his parents. The
( boy was injured while riding on the
circus train in Nebraska and suit was
brought in the Wyandotte county dis
! trict court for damages by Katherine
(Continued on PAGE TenJ