ART. 1. Bond from contractor for protection of laborers, etc. (§§ 431, 432) 2. Clearance of overhead structures (§§ 433, 434). 3. Damages caused by negligence of agents, etc. (§§ 435-437) 4. Damages from neglect on part of railroad company (§ 438) 5. Destroying or injuring railroad property, etc. (§§ 439-442) 6. Flagman stationed to protect train (§§ 443-446). 7. Free passes, etc. (§§ 447-454).... 8. Frogs, switches, and guard-rails, filling, etc. (§§ 455, 456).. 37. Small debtors' courts (§§ 492-503). . 38. Street railways and interurban lines (§§ 504-507). 39. Sunday labor (§§ 508-511).. 40. Union labels, trade-marks, etc. (§§ 512-517)... 41. Unlawful assemblies (§§ 518-521). 43. Wages, payment, collection, etc. (§§ 529-556). ART. 1. Claims for wages, exemption (§ 529).. 2. Drawing check or draft when no funds deposited (§§ 530-535). 5. Insolvency, wages preferred (§ 539). 6. Resignation or discharge of employee, payment of wages (§§ 540-541) 7. Semin.onthly payment by corporations (§§ 542-544). 8. Time checks, due bills, script, orders, etc. (§§ 545-548) § 1. People have right to assemble, etc., and petition for redress of grievances. The people have the right to assemble, in a peaceable manner, to consult for their common good, to instruct their representatives, and to petition the government, or any department thereof,, for the redress of grievances. [G. S. 1915, § 107.] § 2. Right of trial by jury. The right of trial by jury shall be inviolate. [G. S. 1915, § 109.] Verdict of jury must be verdict of each individual juror. Bowman v. Wheaton, 2 K. A. 581. Superadded conditions of recognizance not cause for dismissal on appeal. City of Kansas City v. Hescher, 4 K. A. 782. Applied only to cases so triable at common law. Kimball et al. v. Connor et al., 3 K. 414. Municipal court try without jury when jury obtainable on appeal: City of Emporia v. Volmer, 12 K. 622. In action for recovery of money, jury may be demanded. Board of Education v. Scoville, 13 K. 17. Duty of courts to enforce rigid observance of statutes. The State v. Snyder, 20 K. 306. Where no jury in first instance, right on appeal inviolate. In re Rolfs, Petitioner, 30 K. 761. Power of legislature limited by provisions of bill of rights. Atchison Street Rly. Co. v. Not entitled to trial by jury for violating city ordinance. The State, ex rel., v. City of Appeal to court with jury must be without unreasonable restrictions. In re Jahn, Petitioner, 55 K. 697. Twelve jurors necessary in trial on felony charge. The State v. Simons, 61 K. 752. 84 K. 603. § 3. Slavery and involuntary servitude prohibited; exception. There shall be no slavery in this state; and no involuntary servitude, except for the punishment of crime, whereof the party shall have been duly convicted. [G. S. 1915, § 110.] Act requiring work on roads to pay poll tax, valid. In re Dassler, Petitioner, 35 K. 684. Does not prohibit labor on streets for poll taxes. The State, ex rel., v. City of Topeka, 36 K. 85. Ordinance permitting employment of city prisoners on streets held valid. City of Topeka v. Boutwell, 53 K. 30. § 4. Habeas corpus, when right to writ suspended. The right to the writ of habeas corpus shall not be suspended, unless the public safety requires it in case of invasion or rebellion. [G. S. 1915, § 112.] § 5. Bailable offenses; fines; cruel or unusual punishment. All persons shall he bailable by sufficient sureties except for capital offenses where proof is evident or the presumption great. Excessive bail shall not . be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. G.S..1915, § 113.] Confinement five to twenty-one years for rape, not unconstitutional. The State v. White, 44 K. 514. 44 K. 514. At hard labor in peaitentiary, not cruel or unusual punishment. The State v. White, Ratcliff v. Stock-yards Co., Fine and jail sentence held not cruel or unusual punishment. 74 K. 16. Confinement when unable to pay fine and costs, not violative. In re Ellis, 76 K. 370. § 6. Trial; defense of accused; witnesses; speedy public trial; impartial jury; former jeopardy. In all prosecutions, the accused shall be allowed to appear and defend in person or by counsel; to demand the nature and cause of the accusation against him; to meet the witness face to face, and to have compulsory process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. No person shall be a witness against himself, or be twice put in jeopardy for the same offense. [G. S. 1915, § 114.] Second trial at defendant's request, held not twice in jeopardy. 8 K. 242. Juror who has formed any opinion is not impartial juror. 9 K. 279. Simple impression not opinion such as renders juror partial. 9 K. 279. The State v. McCord, The State v. Medlicott, The State v. Medlicott, Dissenting opinion.-Any opinion formed by juror disqualifies him. cott, 9 K. 292. The State v. Medli Nature of accusations need not state whether principal or accessory. The State v. Cassaday, 12 K. 555. Trial for contempt by judge without jury, held not error. The State v. Cutler, 13 K. 134. Finding of "not guilty" by court precludes another trial. City of Olathe v. Adams, 15 K. 391. Juror who has formed opinion is not an impartial juror. The State v. Brown, 15 K. 400. The State v. Potter, 16 K. 97. jeopardy." The State v. Jones, Defendant has right to demand nature and cause of accusation. The State v. Behee, 17 K. 404. Not error for jury to inspect premises without defendant accompanying. The State v. Trial in another county but same district held not error. The State v. Ruth, 21 K. 589. Where trial terminated by unavoidable casualty, defendant not "in jeopardy." Defendant has right to delay to compel attendance of witnesses. The State v. Roark, 23 K. 152. Matters growing out of same difficulty may constitute two offenses. Thomas, 26 K. 233. City of Olathe v. Not error to retain juror, truth of whose opinion conceded. The State v. Wells, 28 K. 322. Juror incompetent who had formed opinion founded on rumor only. The State v. Miller, 29 K. 47. Not error to order expert examination of person of defendant. A. T. & S. F. Rld. Co. v. Thul, 29 K. 474. State may not treat trial of misdemeanor as mere preliminary. In re Donnelly, Petitioner, 30 K. 197. Entitled to jury on appeal if not in first instance. In re Rolfs, Petitioner, 30 K. 760. Error to convict of offense not contemplated when information filed. The State v. Brooks, 33 K. 713. Information held to comply with letter and spirit hereof. The State v. Whisner, 35 K. 276. "All prosecutions" held to mean for violating state laws only. The State, ex rel., v. City of Topeka, 36 K. 87. Right to argument of counsel cannot be denied to defendant. 36 K. 420. The State v. Verry, Conviction on one count precludes later trial as to others. The State v. McNaught, 36 K. 627. Information, larceny prosecution, must give definite description of property stolen. The Entitled to discharge on habeas corpus when trial unnecessarily delayed. In re McMicken, Petitioner, 39 K. 408. Change of venue to be to county designated by defendant. The State v. Knapp, 40 K. 149. Juror not impartial who admits impression of guilt or innocence. The State v. Beatty, 45 K. 502. Inducing witnesses to avoid process, accused not compelled to testify. In re Nickell, Petitioner, 47 K. 737. Plea of guilty under fear of mob violence, not binding. The State v. Calhoun, 50 K. 532. Change of venue cannot be made without consent of accused. The State v. Kindig, 55 K. 117. Evidence on former trial not read without consent of defendant. 57 K. 257. The State v. Folk, Defendant's consent necessary to reading of deposition taken by him. The State v. Tomblin, 57 K. 843. Error to compel defendant to plead in absence of counsel. Defendant's consent to eleven jurors in felony case, not 61 K. 754. Jury trial does not extend to violation of city ordinances. The State v. Moore, 61 K. 734. binding. The State v. Simons, In re Kinsel, 64 K. 3. Plea of "former jeopardy" not good where former jury disagree. The State v. Alexander, 66 K. 730. Evidence given by witness on former trial may be introduced. 68 K. 566. The State v. Nelson, Defendant may be compelled to testify where immunity granted him. The State v. Jack, 69 K. 391. Defendant may waive right to jury of twelve in misdemeanor. 69 K. 793. The State v. Wells, Witness may be compelled to testify where immunity granted him. In re John Bell, Petitioner, 69 K. 855. Testimony given at preliminary introduced on trial on proper showing. The State v. Harmon, 70 K. 477. Statements made by defendant out of court may be admitted. The State v. Inman, 70 K. 894. Immunity from second jeopardy, personal privilege which defendant may waive. The State v. White, 71 K. 360. Testimony given in civil case not admissible over defendant's objection. The State v. Defendant not denied "speedy trial" pending appeal from motion by state. The State v. In contempt for violating injunction, defendant not entitled to jury. The State v. Thomas, 74 K. 368. When jury discharged on "accident" defendant may be tried again. The State v. Hansford, 76 K. 681. Where defendant produced revolver through intimidation, evidence of same admissible. The State v. Turner, 82 K. 794. Verdict of acquittal cannot be set aside to any purpose. The State v. Lyon, 83 K. 168. Jury having tried similar case with same witnesses not impartial. The State v. Hammon, 84 K. 141. Purpose, to secure jury free from bias, prejudice, or interest. The State v. Stewart, 85 K. 404. Nonresident father punished under desertion act when proper facts shown. In re Fowles, 89 K. 433. Defendant in bastardy proceedings not entitled to jury. The State, ex rel., v. Herbert, 96 K. 490. § 7. Liberty of the press; free speech; libel. The liberty of the press shall be inviolate: and all persons may freely speak, write or publish their sentiments on all subjects, being responsible for the abuse of such right; and in all civil or criminal actions for libel, the truth may be given in evidence to the jury, and if it shall appear that the alleged libelous matter was published for justifiable ends, the accused party shall be acquitted. [G. S. 1915, § 115.] Law applicable to civil and criminal cases distinguished and defined. Castle v. Houston, 19 K. 422. "Truth" full defense to civil action for slander or libel. Munuy v. All evidence admissible tending to prove truth of statements made. berry, 33 K. 444. Defendant need prove only truth and publication for justifiable ends. 36 K. 421. Wright, 26 K. 176. The State v. Verry, Publication concerning attorney not privileged by connection with judicial proceedings. The State v. Wait, 44 K. 316. Publication devoted largely to scandals and immorality may be prohibited. In re Banks, Petitioner, 56 K. 243. Privileged publication and "liberty of the press" discussed at length. Coleman v. Mac Lennan, 78 K. 711. Brown, 80 K. 315. Employer not compelled to state cause for discharge of employee. Railway Company v. Spoken words imputing unchastity actionable without proof of special damages. Cooper v. Seaverns, 81 K. 271. § 8. No person to be transported; conviction not to work corruption of blood. No person shall be transported from the state for any offense committed within the same, and no conviction in the state shall work a ccrruption of blood or forfeiture of estate. [G. S. 1915, § 116.] 34 K. 426. Not violated by penalty for violation of intoxicating-liquor law. The State v. Snyder, Husband inherits from deceased wife even though he murdered her. McAllister v. Fair, 72 K. 533. For act prohibiting inheritance from person killed, see G. S. 1915, § 3856. § 9. Imprisonment for debt. No person shall be imprisoned for debt, except in cases of fraud. [G. S. 1915, § 120.] Act authorizing arrest and imprisonment on plaintiff's affidavit alone, unconstitutional. In re Roberts, Petitioner, 4 K. A. 296. Garnishee cannot be imprisoned for failure to pay his debt. Board of Education ▼. Scoville, 13 K. 33. Prosecuting witness in misdemeanors, certain cases, imprisoned till costs paid. In re John Ebenhack, Petitioner, 17 K. 622. Bond given when debtor only in custody, held valid. Doyle v. Boyle, 19 K. 172. Fraud must be clearly shown to sustain imprisonment for debt. Tennent, Walker & Co. v. Weymouth & Golden, 25 K. 23. Affidavit must show grounds provided for arrest or proceedings void. 25 K. 644. Hauss v. Kohlar, Bill of rights not mere collection of glittering generalities. Atchison Street Rly. Co. v. Mo. Pac. Rly. Co., 31 K. 665. In proceedings in aid of execution, court may imprison for contempt. In re Burrows, Petitioner, 33 K. 680. Imprisonment under bastardy act does not violate this section. In re Wheeler, Petitioner, 34 K. 97. Imprisonment for failure to pay costs, not imprisonment for debt. In re Boyd, Petitioner, 34 K. 574. Imprisonment for failure to pay road tax does not violate. In re Dassler, Petitioner, 35 K. 678: Execution against person of judgment debtor not forbidden by section. In re Heath, Petitioner, 40 K. 337. Section would not compel legislature to imprison for fraudulent debt. The State v. Weiss, 84 K. 168. Section, in effect, authorizes imprisonment for debt in cases where there is fraud. v. Bacon, 101 K. 26. Tatlow § 10. Remedy for injuries by due course of law; justice without delay. All persons, for injuries suffered in person, reputation or property, shall have remedy by due course of law, and justice administered without delay. [G. S. 1915, § 122.] "Due process of law" decisions have little application in Kansas. Gilchrist v. Schmidling, 12 K. 271. Granting attorney fees in actions for killing stock, not unconstitutional. v. Mower, 16 K. 582. K. P. Rly. Co. Redress for all injuries suffered provided for in "civil action." A. T. & S. F. Rld. Co. v. Section not violated by ordinance providing extension of city limits. Callen v. Junction Cited in case discussing jurisdiction writ of error coram nobis. The State v. Calhoun, 50 K. 532. "Remedy" means by tribunal having jurisdiction; section not satisfied otherwise. Hanson v. Krehbiel, 68 K. 672. Words of section not given unlimited signification in all cases. Coleman v. MacLennan, 78 K. 722. Common-law interpretation not strictly applied in slander by spoken words. Cooper v. Mere irregularity in administering law does not deny constitutional right. Griggs v. Workmen's compensation act of 1911 does not violate this section. Shade v. Cement Co., 93 K. 257, 258. Every person is entitled to contract relative to his employees. Coppage v. Kansas, 236 U. S. 23. 10 |