The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-10-07
in SUPREME court ARMY Is IN
School Districts Not Compelled Army Is Leading X.
To Follow Four Year Course. of 13 to O..
Court Sets Aside Authority As Forward Pass and II
sumed by State Board Resulted in Sc,
ZINC co. MUST PAY S3,276 TWO TOUCHDOWNS F
Employe Dies After Drinking i"POtsy" Says JayhaW
of Ice Water-Get Judgment. Give EN- a Fis
Two Women Must Serve Sen Students at Lawrenc
tences i'm State Prison. Game Play by
School Districts Not Compelled
To Follow Four-Year Course.
Court Sets Aside Authority As
sumed by State Board.
ZINC co. MUST PAY S3,276
EmplOye Dies After Drinking
of Ice Water-Get Judgment.
Two Women Must Serve Sem
tences i'm State Prison.

The Kansas supreme court today
held that school districts cannot be
compelled to follow the full four-year
high school course of study prescribed
by the state board of education under
law passed in 1915. 1t also held
that persons attending the annual dis
trict school meetings have no power
to prescribe a course of study that
must be carried out by the district
board.
Rights of the Kansas school dis
tricts were defined by the court in an
opinion written by Justice John Mar
shall in denying an application for
writ of mandamus to compel District
No. in Summer county to carry out
provisions of the four-year high
school course provision. The court
held that district school meetings were
not empowered with authority to dI-
rect the school boards as to courses
OF study. 1t also set aside the author :
ity assumed by the state board OF
education under section 1872 of the
general statutes of 1915 giving it pow
er to compel four-year high school
courses for rural schools.
L. is held by the supreme court in
Idcaying applicatio for the writ OF
m.andamus that the annual district
school meeting may determine length
of school term-obServing the legal
requirement for a seven months mini
EIum-but fixing of course of study
for a definite period is not within the
rower of persons attending the meet
ing. The application for writ was
denied by approval of the entire court.
Drank Ice Water. Died-Judgment.
The death of an employe caused by
drinking ice water costs the Edgar
Zinc company of Montgomery county
S3,276 under the worKmen's compen-
sation act. S. H. Gilliland was EN- :
1ir acn
hauler. While at work on a hot day
in 1920 Gilliland drank ice water fur
nished by the company which caused
his death. His widow brought suit
for compensation and was awarded
$3,276 by the lower court as compen-
sation for herself ana two children.
The supreme court upheld the lower
courts decision and held that within
the scope and purpose of the compen-
Sation act the death was caused by
an accident arising OUT of and in the
course of the mans employment.
Loses Suit Against Sister.
When a brother and sister after
keeping house together decide to sep
arate and the brother settles with the
sister thru a cash payment to her for
her services as housekeeper, he cam
not subsequently recover from her for
alleged services rendered to her in
keeping her horse, buggy and poultry.
That is the opinion or the state SUI
preme court in affirming a decision
appealed from the Pottawatomie
county district court. wnere judgment
had been denied Martin Sweeney
against his sister, Ella Finney.
In the settlement made by Sweeney
with his sister she was paid $1,5OO.
Then Sweeney set up two claims
against her for s1.620. The trial court
found that the two Sweeney claims
fhad been satisfied in the settlement
under which the sister received 81 5OO-
Decide Bloodhound Case.
.5lfries in criminal cases in Kansas
may consider testimony regarding
scents picked up by bloodhounds. but
the supreme court held that such
testimony was not conclusive evidence
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