The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-02-04

| presiding Judge of the district court
! authorized him to do or rather approved
! of it. but lawyers say that judges sign
| journal entries without reading them
and that. in fact, it is their opinion that
Judge Reed, although approving Judge
/ Campbell's settlements of the case did
not approve it knowingly.
The answer Of Judge Campbell is as
! follows:
In the District Court Of Sedgwick Coun-
1 ty. Kansas.
In the Matter of W. P. Campbell, an
/ Attorney at Law, Proceedings for
/ Dis-barment.
ANSWER
The respondent for answer 10 the
J charges contained in the affidavit Of
James ". Derr on file herein says:
He denies each and every allegation
in said affidavit except as may be herein
after expressly admitted.
He admits that he is the duly appoint
4 ed, commissioned, qualified and acting
assistant attorney general Of the state
! of Kansas within and for Sedgwick
+ county, Kansas.
/ Referring to the specific charges in
( said complaint he says:
First-He denies that he commenced
any criminal proceeding in the district
/ court Of Sedgwick county against Eu-
gene Hibbits and James Taylor but
says on the - day of November, 1895,
he by virtue of his office did commence
a civil action in the name of the state
of Kansas against said parties in the
district of Sedgwick county, to enjoin
the said Hibbets and Taylor from main
tanning a nuisance contrary to the pro-
/ hIbitOry laws, and obtained from said
district court temporary injunction
restraining said Taylor and HibbetS
from maintaining said nuisance. Res
pondent further says that on the -
day Of November, 1895, he by virtue or
/ his Office commenced a criminal pro-
/ ceeding in the police court Of the city
of Wichita in the name of the state OF
Kansas against the said James Taylor
and Eugene Hjbbets for violations of
the prohibitory laws.
That prior to these proceedings the
said Taylor and Hibbets had been en-
gagged in the unlawful sale Of intoxicat-
ing liquors at the place in said pro-
ceedings designated. That afterwards,
tO-Wit: on the - day of - 1895,
the said Taylor came to this respondent
and proposed that if he would dismiss
said cases they would discontinue the
unlawful sale of intoxicating liquors
and would consent to the injunction
being made perpetual and pay costs in
both cases amounting 10 $1,000 which
sum included an attorney fee in the in
junction proceedings. Respondent says
that acting as he believed for the best
interests of the public and in obedience
to his instructions from his superior
officer, the attorney general, he accepted
in good faith the proposition of the said
Taylor and Hibbits. That on the -
4 -
Sedgwick county, Kansas, upon his mo-
ton made an order making the injunc-
ton against the said Taylor and Hib-
bits perpetual and fixing an attorneys
fee of $3.50, all of which fully appear
upon the records of said district cort.
That on the 18th day of November, 1895,
he filed a nOlle prosequi in the police
court of the city of Wichita, stating
therein his reasons for dismissing said
action. The amount paid by said Tay-
lOr and Hibbits, was the sum Of $1,000
as agreed, of which sum $3.50 was paid
for court costs and $500 for respond
ent's fee as fixed by the district court.
Thereupon said Taylor and Hibbits
went out of the liquor business. This
settlement was made by respondent
with the approval of the attorney gen
eral and according TO his own best
judgment of the law for the interests
of the county.
Second-As to the. charge that he
commenced a criminal proceeding
against Henry SchnitzIer and Gus Sea-
man and agreed to take and did take
money from them to settle il, respond
ent says that no such proceedings a )
therein described was ever commenced
by him and he never received any
money either directly or indirectly from
said parties whatever.
Third-He admits that on the - day
of --, 1895, by virtue of his office
he commenced a criminal prosecution
in the police court Of the city Of Wich-
tia against Patrick Heron charging
him with keeping and maintaining a
common nuisance in violation Of the
prohibitory law, and also about the
same time commenced a civil action in
the district court of Sedgwick county
in the name of the state of Kansas
against Patrick Heron charging said
Heron with keeping and maintaining
a common nuisance at his place of bust
ness on Douglas avenue in the city of
Wichita, contrary TO the prohibitory
liquor law of the state of Kansas, and
obtained by the order Of the said court
a temporary injunction restraining said
Heron and others from keeping said
place as a place where Intoxicating
liquors were sold and bartered or kept
for sale and barter contrary 10 law,
and from permitting persons to resort
thereto for the purpose of drinking in
toXicating liquors as a beverage which
Injunction was duly served upon said
Heron. Prior 10 these proceedings
said Heron had for some time been
engaged in the illegal sale Of intoXicat- |
ing liquors at his said place OF business; |
and said Heron came TO respondent
and declared his desire TO give up said
illegal business and proposed TO do so
entirely If respondent would dismiss
said case against him and offered IN
consideration of such dismissal TO quit
the business and said he would pay the
costs in said case against him. includ-
ing an attorneys fee Of $1,000. And res
pondert agreed that il said Heron
would discontinue said business he
would dismiss said case on the terms
proposed and said Heron did 50 agree
Respond nt thereupon filed in the police
court and in the district court a state
ment Of the fact that said agreement /
70 quit business had been made by said
Heron and asked leave Of said courts
10 dismiss said cases on the terms pro-
posed and such leave being obtained !
the cases We're dismissed. The attor-
ney's fee of $25.00 in each case being
paid as part of the costs with the con- /
sent Of the respective courts. Respond /
elt says that there was no ConCealmeDt /
or attempted conCealment on his part /
in said transaction. That full and /
truthful statements Of the facts were /
made 10 said courts respectively, and /
respondent had no other motive than 70 |
serve the interests Of the public and I
honestly discharge his duties according /