Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1898-09-22

Who Paws the Freight

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guilty Of malpractice and disbarred
him from appearing before the courts
Of that county as an attorney, dis
grace seldom meted out to a lawyer
and seldom necessary. A few weeks
ago Mr.. Norris brought to Abilene a
complaint against II. N. Gaines, edit
or of the Salina Union, charging. him
with criminal libel because Gaines
had published the facts in the cases
which have now caused Norris dis
barment. County Attorney Kane
should have refused to bring the
suit, it was entirely within his dis
erection, as the REFLECTOR noted at
the time. Instead he hurriedly filed
his petition and caused Gaines arrest
on a charge Of criminal libel, though
both principals reside in Salina and
Gaines paper is published there. A
great deal OF criticism came from the
taxpayers at having saddled on Dick
inson county the costs Of Saline
county's criminal business and they
asked why our county attorney en-
ployed to look after our interests did
such a thing. In defense Mr.. Kane
gave out through his political organ
this statement:
~ do not know how strong a case
Norris has, but II Gaines can justify
his publications and prove their truth
Norris must know it, and should the
Norris prosecution fail because Of the
truth Of Gaines statements Norris
wil be held for The costs Of The prosec~-
ton"
This pledge Of Mr.. Kane that "Nor.
ris will be held for costs Of prosecu-
ton" insinuates that he made some
arrangement to that effect. The
REFLECTOR has heretofore called at
tention to the fact that he has no
right to make any such arrangements
and we do not believe Mr.. Kane did
any such thing. One Of the charges
against Norris on which he was dis.
barred was doing just that sort Of
thing. The court in reviewing the
case used these words: "His counsel
claimed that he took money to save
the county costs but the statute does
not furnish any such condition" In
other words county attorney can
make no arrangement by which a
prosecuting witness in state case is
to pay the costs. Mr.. Kane ought to
be lawyer enough to know this. Mr..
Kane now makes this announcement:
1.-THE case brought against Gaines
on Norris complaint will be dismissed
as soon as court opens as he will not
prosecute one man on charge pre-
ierred by a man mean enough to be
disbarred and who greatly misrepre-
sented the facts when he secured the
warrant against Gaines. The demand
on Norris for a bond for costs has
also been disregarded and no more
will be allowed to accrue"
Mr.. Kane has at last found out
what everybody else knew all along;
that the case never should have been
brought. He is going to dismiss it
SO that there shall be no more costs.
How about the costs already in
curredp The sheriff was sent to
Salina after Gaines, papers were filed,
etc.
The costs assessed already, accord
ing to the court records, are 1923.
Mr. Kane assured the people SOL
EMMY three weeks ago that they
would not have to pay the costs.
The REFLECTOR then showed by
Mr.. Kane's record last spring in filing
a motion to have costs paid by the
county when jury declared that the
case was brought "without probable
cause''that there was no likelihood that
the county would escape the costs.
Now let us see who was right.
/ Who pays the freight ..