The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-08-10
Kansas City Attorney Issues a
PronunciamentO.
Says Bad Things About Kansas
Supreme Tribunal.
CHARGES OF INJUSTICE
He Lost a Case and Evidently
Doesn't Like 1t.
Milton Cambpell's Story as told
by the Records.

The supreme court of the state oe
Kansas is the subject of an attack by
Milton Campbell. an attorney of KAN
sas City, Kansas, which, if it were over
In Missouri would probably subject Mr..
Campbell to $500 fine for contempt.
campbell had a case in the supreme
court and lost He filed petition for a
rehearlng which was denied. Then he
MED second petition for rehearing,
which is contrary to the rules of the
court, and this was ordered stricken
from the records. Now he has published
pamphlet giving his view of the case
and making charges of gross injustice
against the judges of the supreme court.
Copies OF the pamphlet seame to the
state house in the mails today, address
ed to each of the supreme court Judges.
10 Governor Bailey and to Attorney
General Coleman. AS most of the Judges
are out or town it is not known whether
any notlce OF the matter will be taken
or not Judge Pollock is here and when
asked about it he said:
L nave received the pamphlet but l
nave not read it. As L remember when
TINS man filed his last petition for re-
nearing ne wrote somewhat severe
personal letter with it. and it was order
ed stricken from the files
On the cover of his pamphlet Mr.
Ce@4APOCA has the following.
THE JUSTICE OF KANSAS!
How the Courts Treat Suitors!
An Illustration and an Appeal
'..--..-- .......-..
By way of introduction Campbell
says:
To the People of the State of Kansas:
Wnen anyone charges a court with
ha oh
which cannot be condoned. For courts
are established to secure justice. When
taey are unjust they have BETRAYED the
very trust committed to their keeping
ana this trust is that one which is most
intimately related to the peace and Sc
cur1ty of the citizens. When the Judge
IS untrustworthy, personal and property
rights are at the mercy of the wicked
Inc mere TACT of unjust judgment is
rulnous to society. The injustice is the
calamity first to the Individual
wronged. and next to the community
betrayed by the act of injustice. Hence
Whether the act arises from the igno-
rance, the Incidence, or the wilfulness
OF the judge, it is equally destructive
and equally without excuse
1t may be safely said that a court
IS untrustworthy and without excuse if
1t does any of these things:
"(a) Ignores the propositions upon
which an appeal to it is I1ased
"(b) Mis-states the facts, the find
ings of fact and rulings appealed from
"(c) Gives a false date to the begin
ming of a foreclosure suit in order to
preserve the lien of a Judgment dis
charged by execution sale.
(d) Uses the lien, thus illegitimately
preserved, to declare rights of defendant
in error. which it had been said, in
very late case, did not exist at all under
its own statement of facts as now made.
"(e) And. finally, when It denies a pc
tition of rehearing, printed and placed
in the hands of each member of the
court in which each of these errors and
others equally fragrant, are distinctly
specified and shown to have been com
mitted."
Then Campbell continues:
These five propositions describe the
action of the supreme court of Kansas
in the case of P w Chantland VS..
Midland National bank" the case in
which Campbell was attorney on the
losing side
case and his arguments. which are
difficult of understanding by the aver
age layman. In closing he says:
"Of course. there is no excuse for
court which does such fragrant injus-
tice. And there is no remedy for the in
jured citizen he can only place the facts
which render the court unworthy OF
which will judge the court with more
perfect Judgment than it has meted out
to suitors before it,"
A clerk in the office of the clerk OF
the supreme court today looked up the
record in the case and stated that
Campbell lost on his first petition for
rehearing because he was too late with
against a second petition for rehearing,
which CamDbe1l ignored.