The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-01-06
SMITH OUT OF IT.
Senator WlthdraWs From Oil
Producers Suit.
Says That He Wasn't Much
Needed Anyway.
STILL IN THE COURT.
Action TO Gust Santa Fe Pend
ing in Chautauqua.
Senator Porter Says That 1t
Won't Amount TO Much.

Senator Fred Dumont Smith of
klnsley, who was recently bonded a
large bunch of notoriety by the fed
eral grand jury. has announced that
he has severed his relation as attOr-
ney for the Kansas Oil Producers as
ISOLATION in their fight to GUST the
Santa Fe railway from doing business
in the state under the antitrust laws.
Il never got a cent for my services, -
says Mr.. Smith, land besides. I lived
so far from Chautauqua county, where
the suit was brought, that wasn't
much needed. anyway. Consequently
I thought I might as we'll leave the
case in the hands of Senator Fitzpat-
trick, and the other attorneys who are
looking after it."
rs the suit TO be dismissed ?" was
asked.
Il have heard of no arrangement to
dismiss the suit said Senator Smith.
''Of course the Santa Fe has made a
number of valuable concessions to the
oil producers as direct result of the
litigation. The oil men are getting
better tank car service than they did.
and are also enjoying other conces-
sions If Fitzpatrick stays with the
case, the county won't have any costs
to pay. that's certain"
Senator Smith was one Of the most
active exDonents of the oil people in
their fight before the legislature His
picture was printed in all the papers
in q group with the officers of the Oil
Producers association It is said to
have been through the suggestion of
Smith. Fitzpatrick and Frank Monet,
the Ohio trust buster" that the
custer suit was commenced against
the Santa F'e. For a time it was VigOr-
0rOusIy prosecuted and a lot of testi-
mOny WAS taken to establish the fact
that the Santa Fe and the Standard
Oil company were parties to a secret
agreement for the purpose of controll-
ing the price of crude and refined oil.
For a long time, however. the case has
been laying in cOmatose condition
The Santa Fe has been trying to bring
It to trial; once Gardiner Lathrop
went to Chautauqua county to try to
get the case heard, but it has been
invariably the case that the attorneys
Tor the oil producers association were
not ready
Costs Are Piiing Up.
Vow the people of Chautauqua
county are beginning to complain
about the size of the cost bills which
are piIing up against the county. At
their last meeting the county com
n1issioners received notice that unless
they paid the fees of the Justice be-
fore whom the case was started the
4IElLS Oh Tie JUSTICE NElO mas since
died. viii bring a suit to collect the
amount due, which is Sis.
Already the county has settled cost
bills to the amount of S321.55. and
there seems to be no indication that
there is any limit to the bills
When the suit was started in the
name of the state. the oil producers OF
the state were anxious to whoop things
up. They offered to pay all the bills
incidental to the prosecution of the case.
They hired Frank Monet to come and
ia Ike charge of the prosecution. and later
bundled him off because they didn't like
his style. The enthusiasm which was
i'm evidence when the case started rap
idly oozed away Is the thing dragged
along. and the Santa F'e seemed to be
doing business in the state without any
material interruption. There was no
money forthcoming to pay the costs
in the case. and the county had to
shoulder them.
The Sedan Times-Star lays the blame
upon the Uncle sam refinery for part
of the trouble. 1t says in a recent is
sue;
"A few weeks ago the Uncle Sam