People's voice., 1899-10-05
H. L. BUTTREY
The Leading Shoe Man.
A $4,000 Damage Suit.


II. L. Woods and G. E. Elliott are
preparing the papers in a $4,000 dam
age suit against the city OF Caldwell
for Mrs, Chss. Lusk, a widow whose
husband drank himself to death in
Caldwell last January. The case will
attract wide attention from the fact
that the city is made the defendant
in the suit because it openly licensed
and encouraged the sale of liquor con.
trary to the statutory laws.
Chas. Lusk, for whose death his
widow seeks to recover $4,000, was a
machine expert in the employ OF S. S.
Clark, an implement dealer of Cald,
well. He was an habitual drunkard-
given to frequent sprees. His EN-
ployer regarded him as a very valua-
BILE man and continued to employ him
in spite OF his uncomfortable appetite
for liquor. In order to keep him
sober as much.as possible, it was Mr.
Clark'S custom TO buy LuSk's grocer,
les ana other necessities and take it
out OF bis wages, being careful never
to let him have enough money at oae
time to drink to excess.
Last January, Mr.. Clarke became
sick and his son had charge of the
store, He knew nothing OF his
father's methods Of paying Lusk, and
on Saturday night gave Lusk his full
weeks wages. Lusk went tO the
saloons, and got on a big tear. He
became so boisterOus that the city
marshal started him for home. On
his way home Lusk fell and injured
his head on the sidewalk. He was
afterward found in semi-couscious
condition and carried to his home.
The next day he got on another
spree and wound up Monday
morning in stable, where he Was
found unconscious from the excessive
use Of liquor, A blood clot formed Oh
his brain as a result nf the fall on the
sidewalk, and together with the
effects of overindulgence in whisky,
he died, leaving his wife and three
weeks old baby practically destitute.
Mrs. Lusk fually decided to sue the
city of Caldwell for damages, and con-
suited with her attorneys in this city
with that view. The first step was
to present a bill to the city council
for the amount she will sue for. This
was done last night. The council re-
jected the claim.
The petition will be fled as soon as
the attorneys attend to some further
preliminary matters. 1t is too late
to hle the suit now and have it cume
up at the present term of court, and
it must lay over until January any.
way. The case is bound to 20 to the
supreme court. When it cones up jp
January, the city will probably demur
to the petition and if Judge Mcbride
overrules the demurrer they will
stand on their rights and 90 to the
supreme cJCrt with it. On the
other hand, If The demurrer is sus-
tained, the pliintitfs will 20 to The
supreme court, Ii the supreme court
fails 10 Su-ia the demurrer. tGe
case will probably come up for trial
at the September term Of the district
court year hence.
II this case is finally decided in
favor Of the plaintiff, it will have a
far-reacbing effect on illegal liquor
traffic throughout the state, and for
that reason is likely to become OF
state importance The basis OF the
claim against city will presumably be
made entirely upon the fact that the
city protects the saloons by ordinance.
The Caldwell liquor ordinance is
copied word for word after the Wei
lingt0n malt ordinance, except as to
che time Of payment of license, and is
similar to the ordinances controlling
the liquor traffic in dozens of other
towns in Kansas.