Kansas City daily journal. [volume] (Kansas City, Mo.) 1892-1897, 1896-08-08
THE KANSAS CITY JOURNAL, SATURDAY. AUGUST s,lsoe.

prepared for publication by Mr.. NV, Rush,
OF iarned, In which the connection Of my
firm with certain litigation has been men-
Toned. and In which charges against Judge
Nanlivcrt and Others IN connection with
the case have been made. I have to say
that In the cnse OF y. H. SpauldlnE against
the Larned Water Company, the city OF
Lnrncti and the Davidson Investment Com
pany. my firm represented all Of the de-
PENDANTS except the, city Of Iarnel IN
arose az TO u conflict OF Jurisdiction b.
twsen the tni,sd STAT and m T'ate
vesimcnt Company. and he fnrntl water
-cts OF the Davidson Investment Company
by reason Of 1t having been named in 4
holders Of the wafer company. \ motion
was made In the United states court -
nn eH'f'NWS S Mri ,tasni ms 'I tn ,arn Oh over !Hg q" thc
property to the Receiver Of tn" Davidson
.."'TSis motion raissi a question. of ilris-
Hon. John \. Williams, judge OF the United
submitted upon written briefs nul held
under ndvlsemcnt by him for thrcc months;
a decision holding that thg United States
court did not have Jurisdiction OF .ri,he
Statement * si,neient answer To- The state
mcnt OF MIR. Rush In relation 10 that part
Of the transaction.
OF sevcnty-hvc OF the clghty-fNc bonls ~
tho i.nrned. Water Company. my tlrm APP
! petition for a decree OF foreclosure. Mir.
Nicholson; OF our hr,n, was present. n court
was finally callcd. \. compromise had been
effected, by which the clluuts represented
By my nrm had aEr.sd To- purchase 'hc tg9
by Miss spanlding. for thr sum II $3.50,
with the distinct under stlhllng thnt thC
payment OF this sum OF money was 10 give
10 my clients the possession uf the l.urnri
Water Company, with all ts machinciy.
Win ali uncoilectcd accounts, nee from
any lien or claim against The plant; TRhs
reae Iv er, and IN Mis- Es;ppssuliinis. TO rag ali
expenses OF litigation ana al expenses up
70 that date OF the operation OF me plant
Rush AZ receiver, together with his own al.
torney's fees and any allow tnce that might
be- made by the court TO the attorneys OF
"a decreee had been prepared n, our Of
position that on or prior to tn 18th day OF
May. at the adjourned term of the district
make his report, making settsmeni with
hts attorneys, and turn over the books.
on that day. after Mr.. Rush had brought
made by Mr.. Vernon, who was his nttor-
ney. and who also represented the plsint-
That the portion OF the decree which finally
discharged the receiver and released his
bond from all liability fhorld be stricken nn
S,,orisys for the receiver or Cor he
plaintiff, or the compensation OF Mr., Rush
as receiver. In accordance. with this sus-
eestion. that portion OF the decree was
stricken sian e Hr S Ss', ca nmi w Wso ci ib,m sold II" ,h at'f NJ.
lowance OF compensation, to the ATTORNEYS
and TO the receiver should be made by him
ON a subsequent day IN case an asrssintnt
was not reached ms to. what 1t should be,
"The plant of the Lnrnti Water Com
pany. together with the books showing the
amounts due from various parties, the
debts owed Icy the company at that time,
were by slr Flush on IN day turned Id 9y hr
water works. We supposed All matters
ing was left except TO advertise. and have
sale made. AS was. required by, the decree
Afterwards, and on tho sti day of June,
1896, We received n telegram from Mr., Yer
non. at L.arned. rcqiestinB one of our flrtn
10 come there Immediately In regard to Tho
Larned water case. ! waE in attendance
upon court In kinsman coutty, at the time.
and the telegram was forwarded to me at
that place. on TUESDAY, Jun. o. imrhc,
kingnan court. ] went 70 l.irnod. ARRIVING
there in the snveninE Of ,hHt d.y; AT men
counts which Mr.. Rush In his report had
reported as having been paid by him were
rentals from private customers which he
had reported as not having been collected
naa ISsn , S'n .Sat efr issa S y ie BEEN prssented
by these individuals in response TO Efforts
made by Mr.. NeSpitt to collect their hlllS,
also learned at that time that an order OF
the court had been made making an allow
ance Of attorney fees for a" attorneys
for the plaintiff, Miss Spnulding, and also
Tor Mr.. Vernon. as attorney for the re-
cover. and that these fees had not been
paid. but that they were, by the order Of
The court, made n lien against the l.arnrd
Water Company plant 1t became my duty.
as attorney for my clients, to NJ once at
tempt To relieve the plant from thes" Hens;
ard also to compel Mr.. Rush to mako good
the difference between his report IN regard
10 collections OF water rentals and the facts
as Mr.. Ne4hitt found them, From that
time on, under the employ Of my clients
assisted In the investigation OF the report
OF MIR. Rush. and did not cease IN my Of
forts until after he was safely landed IN
one of the cells of the Pawnec county jail
on the night of TUESDAY, the 10th OF June,
at about L. O'Clock midnight.
81 was present when n committee Of cit'-
gems called upon Judge -Naudivcrt and re
urested permission for Mr.. Rush to go 10
Kansas city In charge of the sheriff 10 OBJ
tain money with which TO. pay of certain
claims against the First National bank OF
Larned, and in behalf of my clients | OBJ
iected to the Judge making any such order,
Tor the reason that the investigation, which
had occupied two full days, had thorough