The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-04-26
BRIEF STRICKEN FROM RECORD.
Appellate Court Criticises N
High Court Decisions.

In writing the opinion affirming Caroline
Huffer's Judgment for damages against the
Citizens Street-railway Company Judge
Wiley, of the Appellate Court, took occasion
To administer a severe rebuke to George w.
Spahr, Mrs. Huffer's counsel, for alleged
improper in his brief. In the
opinion, which was handed down yester-
cay, Judge Wiley ordered the objection
able brief stricken from the files, saying:
such a brief as we have in this case on
behalf of appellee has no fit place upon
the records Of this court" This is one OF
the closing chapters in a feud of long stand
ing and considerable interest. Attorney
Spahr is known to entertain feelings quite
other than friendly for the street-car COM
pany and its representatives and attor-
neys. In the Hufer trial, in the Marion
superior Court, before Judge Carter, this
feeling cropped out on several occasions.
Mr.. VIII h. Latta, junior counsel for the
company, came in for "A large share of Law
yer Spahr's wrath. Latta executed IA coup
hat Tanned MIR. Spanrs anger TO a white
heat. 1t consisted in refusing to address
the jury after Mr.. Spahr had allowed his
Junior counsel 10 open the case. 1t seemed
tor a time as if Spahr would be prevented
from having his say TO the jury. Judge
Carter took the matter under adVisement,
however, and finally decided to allow NJ.
SPahr TO deliver his address. Latta made
this one of the grounds Of his appeal from
the Judgment, but the Appellate Court sus-
tanned Judge Carriers acuOn in the matter.
In his brief in the Appellate Court Mr..
Spahr used some exceptionally strong Ian
guage In alluding TO the street-car company,
It's claim agent, George w. Bruce, and Mr..
Latta. Mr.. Spahr accused Mr.. Bruce of
'uoctoring' the witnesses for Mrs. HUFF
Ter, and Mr.. Latta or signing Ferdinand
Winters name TO his brief for the purpose
of adding wrongful weight TO the docu-
ment when he knew that Mr.. Winter
81 - 49, -. 49, $50. IL
the higher court. Mr.. Winter tries his
cases ike a lawyer, not like a chump," de-
clared Mr.. Spahr.
The Appellate Court held yesterday. in
affirming the case OF George Guthler against
the school superintendent and School Board
of the city OF Huntington, that a school
superintendent or a school teacher has a
right to advise children attending their
school not TO buy candy of a store situated
close tofthe school.
The Indiana law imposing a penalty of 500
on a telegraph company for failing to deliver
a message is applicable only TO points
within this state. rms was declared yester-
day by the Supreme Court, in its opinion
reversing the Judgment obtained by Oliver
e. Carter against the Western Union Tele-
graph Company for It's failure to deliver Il
telegram to his friend at the East St. Louis
race track.
The Supreme Court decided, in affirming
the case of the State on relation of the
Allen County Orphans Home against
Michael Z. Schneider, that the educational
affairs of a township are administrative
functions. and If the township trustee does
not conduct them properly an appeal should
be made to his superior officer, the county
superintendent, not to the courts. The
sohOolhouse near the Orphans Home
burned down, and Trustee Schneider de-
clined to either erect a new building or to
allow the children TO go To a school a half
mile distant, but offered to send them to u
school three miles away, transporting them
in case of bad weather. According to the
Supreme Court, If he erred in this matter
he should have been corrected by the coun-
~ SuDerintendent.