State v. Turner, 40819
| Decision Date | 01 August 1958 |
| Docket Number | No. 40819,40819 |
| Citation | 183 Kan. 496,328 P.2d 733 |
| Parties | The STATE of Kansas, Appellee, v. H. B. TURNER, Arthur L. Sweeney, P. C. Copeland and Peter L. Menser, Appellants. |
| Court | Kansas Supreme Court |
Syllabus by the Court
1. Matters specified as error, in order to be reviewable, must be within the purview of those matters contained in the notice of appeal, and, when an appellant seeks to have this court review alleged trial errors, he must appeal from the order overruling his motion for a new trial, and, in addition, must specify such ruling as error.
2. The federal constitution grants affirmatively to no person a right to wear the badge or insignia of a secret society.
3. The regulation of the wearing and display of badges or insignia of secret societies is a matter for the state in the exercise of its police powers, and no constitutional privileges or immunities are denied a citizen by a statute forbidding him to wear or display the badge or insignia of a secret society of which he is not a member nor are exclusive privileges unlawfully conferred by such legislation.
Albert M. Ross, Kansas City, and Marvin E. Lewis, San Francisco, Cal., argued the cause, and Joseph Cohen, Charles S. Schnider, John E. Shamberg and Joseph P. Jenkins, Kansas City, and Martin E. Field, Sidney F. DeGoff and Pierce N. Stein, San Francisco, Cal., were with them on the briefs for appellants.
James P. Davis, Asst. County Atty., William H. Towers, Kansas City, and Prentice A. Townsend, Topeka, argued the cause, and John Anderson, Jr., Atty. Gen., and Donald E. Martin, County Atty., Kansas City, were with them on the briefs for appellee.
Defendants were found guilty by a jury of violating the provisions of what now appears as G.S.1957 Supp., 75-427. Each was ordered to pay a fine of $5 and the costs of the action, and this appeal followed.
Due to the nature of the case, it will be necessary to set out or summarize the provisions of Chapter 397, Laws of 1953, relating to the registration of names and insignia of certain organizations, now appearing as G.S.1957 Supp., 75-421 to 427, inclusive. Unless otherwise indicated, all references are to G.S.1957 Supp.
75-421 provides:
'Any association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military or veterans' organization, labor union, foundation, federation, or any other society, organization or association, degree, branch, subordinate lodge or auxiliary thereof, whether incorporated or unincorporated, may register in the office of the secretary of state, a facsimile, duplicate or description of its name, badge, button, decoration, charm, emblem, rosette or other insignia, and may by reregistration, alter or cancel the same.'
75-422 provides:
'Application for such registration shall be made by the chief officer or officers of said association, lodge, order, fraternal society, beneficial association or fraternal and beneficial society or association, historical, military or veterans' organization, labor union, foundation, federation, or any other society, organization, or association, degree, branch, subordinate lodge or auxiliary thereof, upon blanks to be provided by the secretary of state, and such registration shall be for the use, benefit and on behalf of all associations, degrees, branches, subordinate lodges and auxiliaries of said association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military or veterans' organization, labor union, foundation, federation, or any other society, organization or association, degree, branch, subordinate lodge or auxiliary thereof and the individual members and those who thereafter become members thereof throughout the state of Kansas.'
75-423 provides that the secretary of state shall keep a properly indexed record of the registrations provided for, which record shall also show any altered or canceled registration.
75-424 provides:
'No registration shall be granted to any association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans' organization, labor union, foundation, federation, or any other society, organization or association, degree, branch, subordinate lodge or auxiliary thereof, having a name, badge, button, decoration, charm, emblem, rosette or other insignia similar to, imitating or so nearly resembling as to be calculated to deceive, any other name, badge, button, decoration, charm, emblem, rosette or other insignia whatsoever, already registered pursuant to the provisions of this act: Provided, That nothing contained in this act shall deny the use of any emblem, name, badge, button, decoration, charm, rosette or other insignia to any organization which has been peaceably using the same for a period of twenty-five years or more prior to the date of this enactment.'
75-425 provides that upon granting registration the secretary of state shall issue his certificate to the petitioners showing that a search of his records fails to disclose any conflict between the name, badge, button, decoration, charm, emblem, rosette or other insignia proposed to be registered, and any other name, badge, button, decoration, charm, emblem, rosette or other insignia registered pursuant thereto.
75-426 provides for the fee to be charged by the secretary of state for each registration made pursuant to the act.
75-427 provides:
'Any person who shall willfully wear, exhibit, display, or use for any purpose, the badge, button, decoration, charm, emblem, rosette or other insignia of any such association or organization herein mentioned, duly registered hereunder, unless he or she shall be entitled to use and wear the same under the constitution and bylaws, rules and regulations of such association and organization, shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in section 21-1308 of the General Statutes of 1949 and any amendments thereto.'
G.S.1949, 21-1308 (enacted in 1903) provides:
'Any person who shall willfully wear the badge, insignia, button, uniform or other emblem of the Independent Order of Odd Fellows, the Ancient, Free and Accepted Masons, the Kinights of Pythias, or other secret and fraternal beneficiary societies, or who shall use the same to obtain aid or assistance within this state, unless he shall be entitled to use and wear the same under the laws, rules and regulations of the gard lodges of said orders in the state of Kansas, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed twenty-five dollars, or by imprisonment not to exceed thirty days, or by both such fine and imprisonment.'
The information upon which defendants were tried charged:
'* * * that at said County of Wyandotte, State of Kansas, within the jurisdiction of this Court, on or about the 1st day of October, 1955, in Kansas City, Wyandotte County, Kansas, H. B. Turner, Arthur L. Sweeney, P. C. Copeland and Peter L. Menser, did wilfully and unlawfully wear, exhibit, display and use for the purpose of misleading and confusing the public, a name, badge, button, decoration, charm, emblem, rosette and other insignia of the Prince Hall Grand Lodge of Kansas and Jurisdiction F. and A. M., an incorporated fraternal society of Kansas, this same having already been duly registered pursuant to the provisions of Sections 75-421 and 75-427 inclusive, G.S. of Kan.Supp. 1953; that the said defendants, H. B. Turner, Arthur L. Sweeney, P. C. Copeland and Peter L. Menser, and the Masonic organization to which they belong has not been peaceably using the emblem, name, badge, button, decoration, charm, rosette, or other insignia for a period of twenty-five (25) years or more, and all of said unlawful actions done as aforesaid, while the said H. B. Turner, Arthur L. Sweeney, P. C. Copeland and Peter L. Menser were not members of nor entitled to use and wear the same, under the Constitution, and by-laws rules and regulations of the...
To continue reading
Request your trial
-
State v. Carpenter
...review of criminal cases are State v. Shehi, 125 Kan. 110, 263 P. 787; State v. Owen, 161 Kan. 361, 168 P.2d 917; State v. Turner, 183 Kan. 496, 328 P.2d 733; State v. Hamilton, 185 Kan. 101, 340 P.2d 390; 361 U.S. 920, 80 S.Ct. 265, 4 L.Ed.2d 188; State v. Combs, 186 Kan. 247, 350 P.2d 129......
-
Blevins v. Daugherty, 41888
...186 Kan. 247, 350 P.2d 129; State v. Hamilton, 185 Kan. 101, 340 P.2d 390; Id., 361 U.S. 920, 80 S.Ct. 265, 4 L.Ed.2d 188; State v. Turner, 183 Kan. 496, 328 P.2d 733; Id., 359 U.S. 206, 79 S.Ct. 739, 3 L.Ed.2d For earlier decisions dealing with the same subject see Hatcher's Kansas Digest ......
-
State v. Spencer
...review would preclude review of alleged trial errors such as questions relating to instructions and admissibility of evidence. State v. Turner, 183 Kan. 496, syl. 1, at page 500, 328 P.2d 733, at page 736--appeal dismissed, 359 U.S. 206, 79 S.Ct. 739, 3 L.Ed.2d 759, and State v. Hamilton 18......
-
State v. Aeby
...review of criminal cases are State v. Shehi, 125 Kan. 110, 263 P. 787; State v. Owen, 161 Kan. 361, 168 P.2d 917; State v. Turner, 183 Kan. 496, 328 P.2d 733; State v. Hamilton, 185 Kan. 101, 340 P.2d 390, 361 U.S. 920, 80 S.Ct. 265, 4 L.Ed.2d 188; State v. Combs, 186 Kan. 247, 350 P.2d 129......