The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-04-14
KERR KEEPS
INDEX BOOKS
But Injunction Granted by
Judge Dale.
AFFIRMED BY COURT
Famous Case Is Disposed of
in Higher Tribunal.

The supreme court Of Kansas Saturday
affirmed the decision of Judge Dale OF
the district court and sustained the per
nanent injunction granted against the
picard Of county commissioners OF Sedg-
wick county AID J. u. Kerr. register OF
leceds- By this decision J. ". Kerr be-
genes the owner OF eighteen books con
timing the numerical index Of the trans
fers OF property in this county. but the
decision states that the contract under
which he made the books Is Illegal and
the commissioners cannot pay what
would be due on the books Il they were
turned over TO The county.
The contract between the commission
ers and Mr.. Kerr was made IN JaLIary-
lSal- and the temporary Injunction against
the fuIhilment OF this contract was grant
ed n The succeeding august. The case
was argued the latter part Of September
and a permanent injunction was granted
by Judge Dale. The case was appealed TO
tribunal March s. Saturday was the reg
ulcr court day for rendering opinions and
the court handed down d big bunch.
Five Of The cases decided were from
Se6swick county, but the one II which
all SsdgwicH county people are interested
is the famous index book case. which has
alreaGy cost the county several thousand
dollars. IN costs Of suit and in payment
for part Of the books.
The history Of the case starts with
January 4. two years ago, when Regis
ter Of Deeds Kerr made contract with
the county commissioners, consisting at
that time of Deacon Wilson. J. c. Red
field and Mr.. BaHenJine, 70 furnish the
registers Office with q full set of numer-
icaI index books Of transfers. Mr.. Kerr
was to furnish the county with books
from the first day OF record TO January
l. 1883. for g, 200, and agreed 10 bring the
books up TO date for S52 cents per trans
Ifr
Under this contract Mr.. Kerr employed
copyists and began the work He kept a
day and night shift a work and eighteen
books were completed and brought down
70 January, ISIS and were ready TO be
turned over TO the county. receiving
therefor $500. He continued work on
the entries Of the following years until
the injunction stopped him. For this
work he received s1,eol, and had a war
rant for s1,572.so when the temporary in
junction was granted.
It was estimated that the cost Of bring
ing the index books down 10 date would
b SIS, 600. and this Of course would have
to be borne by the county until the books
were brought UP to the tine when the
contract was made, and those who had
papers recorded would have TO pay the
cost from that time.
The case was brought in the name OF
the state Of Kansas ex rel. VS.. the board
Of county commissioners and J. NJ Kerr.
and was fled under the name Of A. A
GODDARD. attorney general Of Kansas at
that time. and was handled by Stanley,
VcruiIlion & Evans for the state.
The petition recited that Mr. Kerr made
a profit Of &. 400 on the books up To jan
uary. ISIS. as il was alleged that these
books cost him only $500. and that Of the
ss.0oo he would receive in bringing the
books Up TO date, all but 5000 OF this
would be clear profit The petition al
legged that as Mr.. Kerr was a county Of
fcer he could not enter into a contract
10 Furnish the county with books. and for
this reason the contract was Illegal. By
the injunction the warrant for sl.572s0
was held up and cannot be cashed.
After the permanent injunction was
granted by Judge Dale and the case ap-
peaIed 10 the supreme court. Mr.. Kerr's
successor was elected and qualified.
Shortly after this a mild sensation was
created when il was found that the
eighteen books were missing and no one
could locate them. After this was prop
erIy stirred up Mr. Kerr vouchsafed the
Information that he knew where the
books were and would retain custody Of
them until the case was decided by the
supreme court. He further stated that
II the court affirmed the decision of the
lower court the books belonged 70 him.
and II the decision was reversed he
would turn them over 10 the county. He
would keep the books until the decision
was given. however.
\ new member was elected to the board
CT county commissioners and Immediately
afterward a resolution was passed In
structing the county attorney 70 remove
the suit from the supreme court as far as
the county was concerned The commits
soners would acknowledge Judgment
against the county and allow TIRE sudg-
nlent 70 stand against the-r. As Il was In
the district court. They also demanded
that NJ. Kerr return n the county more
than Thousand dollars whsch they al
leged b had collected as transfer fees.