The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-02-16
STAYED OFF.
Senator Sterne's Bill to Save the
People
From the Plundering OF the
Justice Courts,
MEETS WITH A DELAY
Which May Prove Fatal to a
Needed Reform.
The Present Disreputable Sys-
tenn Of Justice Shops
Given a Good Drubbing by
Several Senators.

The substitute for Senator Sterne's
bill to abolish the offices of justices OF
the peace in cities of the first class came
up for final passage in the senate this
morning.
Some of the members from the far
western districts, however, argued that
the whole time of the session has thus
far been taken up with bills relating to
Kansas City and other cities of the first
class. and insisted that it was time to
legislate for the rural constituency.
With this pressure brought to bear
against the bill as we'll as other sinful
ence." the bill was referred back to the
legislative committee. The bill will re-
tain its place on the calendar and the
committee is instructed to report as soon
as possible.
The original bill by Senator Sterne
abolishes the justice courts and combines
all of their functions together with po-
lice into one city court, which has juris-
diction in both civil and criminal litiga-
tion.
The substitute bill which was prepar-
ed by the Kansas City Bar association, in
order to evade the plea that the justice
is a constitutional institution, takes away
its criminal business and gives it juris
diction only in civil cases where the
amount involved is less than 81. This
abolishes the court in fact if not in let
ter.
The city of FIT Scott was excluded
from the workings of the bill, because
Senator billiard of that city of the first
class has ii friend who is justice of the
peace.
Senator billiard was opposed to the bill
on general principles, but said he
wouldn't oppose it if Fort Scott was ex-
cluded. He said 81 wouldn't IegisIate
William Margrave out of office if it
would save the state $4,000 year. He
was appointed justice of the peace by
the territorial government in 1854, and
he has held the place ever since. Nobody
ever thinks now of voting against Mr..
Margrave. and all parties nominate him.
He is a Republican, but | have voted for
him ever since have been in Fort Scott,
and l expect TO vote for him as long as he
lives | believe he would die of a broken
heart if he were deprived of his office
now"
Senator O'Bryan said 81 want to get
rid of these fee grabbers. l want the
money grabbed by these justices of the
peace turned into the common treasury.
Every lawyer who has ever had any
business in these courts know how much
money the justices of the piece pocket
that they are not entitled to- l would
suggest to the senator from Bourbon
that the people of Fort Scott should ad-
init Mr.. Margrave to the bar and elect
him city Judge"
Senator billiard replied, "Mr Mar
grave, | think, was admitted to the bar
before the youthful statesman from
Wichita was born. And what's more he
Is better lawyer than the gentleman
from Sedgwick will be- if he lives to be a
thousand years old"
Senator O'Bryan got red in the face
and replied, while l am opposed to
personalities, Mr.. President, l must OBJ
serve that if this two by-four Justice of
the peace isn't a better lawyer than his
friend. the senator who represents him.
he mad better go and" Here Senator
O'Bryan was called TO order
Senator Taylor said in support of the
Dill, lhese justice courts have become
mill for bleeding the people There
were 4,500 actions commenced in the
Justice courts of Kansas City, Kan. last
year. la one of these cases 500 wit
nesses who knew nothing about the case
were subpoenaed just to make q
grand dlvvy' between the Justice
and his officers. In another case
the constable charged for walking
two blocks the same fees he would get
LOT walking SIX miles. l am told one
Justice in Topeka pocketed over $1.4OO
in one quarter"
Senator Brown said. tsTboro ;s 49,,
less lee grabbing in cities of the second
as wen as the first class. 1 give notice
now that L have bill. No 443, to pre-
vent the collection of so called constrnc-
tive fees" - Oo
Senator Shearer favorad ho,,; -.
bill apply to cities of the sacond rs o,ana sns
TOO. De. said: at is getting SO a poor
man can't afford to get justice"
Senator Sterne caIIed atton+;o-
1act that the Topeka justices of the peace
maze more money out of their Office,
than the chief justice of the supreme
court.
Senator Leedv and Sano+or Oo.
were the ones who favored giving cite,
OF the hrst class rest and legislatine
Ior the state at-large, for change.