The Paducah sun., 1906-04-28
JUDGE EVANS
SUSTAINS WORTEN
In Position in ''Chain Gang"
Suits Against City.
Merits of Case Are Sound, Says the
Judge, Which Vindicates Wor-
tens Claims.
CASES NOT TO BE PROSECUTED

A ruling by Federal Judge Walter
Evans, of Louisville, in the celebrat-
ed "chain gang" suits brought
against the city, was made this
morning. II is just the reverse of the
action taken in the state courts, and
means that Attorney j. Mark Wor-
ten, who brought the suits and put
up such a strong fight. has been vim
dicated in his stand. The suits, if
prosecuted. will be decided against
the city, it is believed, but Attorney
Worten does not desire to push them
any further, having made the fight
simply for vindicstion.
Judge Evans hblds that the merits
Of the cases are spund. and overruled
the demurrer filed by the city: The
action was taken in the three suits
brought by Charles Klotter. Elden
Stone and Dennis Rowlett, who sued
for $4,000 each for the humiliation
of being worked on the "chain gang"
in payment of fiAes assessed in po-
lice court The defendant filed de-
murrers to the merits of the case, al
leging that the city had a right to
work the prisoners in work house
or on the streets. but Judge Evans in
his action overrulng the demurrer.
does not seem to think so.
History of Cases.
When Paducah went into cities of
the second class Attorney j. NJ. Wor-
ten was city solicitor He advised
against working prisoners fined in
police court on the streets, but the
city failed to uphold him in his view
of the matter. Prisoners were work
ed on the Chain gang" and Attorney
Worten brought suits for several of
them. The allegationsSset forth are
that the city has to provide a work
house under second class charters in
which to work prisoners.
The suits were filed in circuit
court and fought to the appellate
court which decided against the plain
tiffs. Attorney Worten. intent on vim
dicating himself, brought them in the
federal court, and the defendant en-
tered a demurrer to the merits of the
petitions. This action was taken over
year ago. and had been under ad-
visement since. The court decides
now in overruling the demurrer that
the grounds are sufficient, which in
itself is a victory for the attorney.
Attorneys Statement.
81 want to say this in regard to
the suits" Attorney Worten stated.
II have been fought hard by the city
and the only reason | have continued
the fight was to vindicate myself;
and | think | have beyond a doubt
done so. The court has sustained my
allegations, saying that l have good
grounds; in plain words that the city
has no right to work prisoners on
the street.
when / was city solicitor | ad-
yised against working prisoners on
the street. We discussed the matter
informally and a committee even
went out inspect a site for q propos-
ed work house. Contrary advice pre-
vailed and the work house was never
built. Prisoners who had been work
ed on the streets came to me and /
brought suit. lost in the state court
but still adhering to my original
ideas, brought the suits in federal
court. | consider now that have won
and intend to push the matter no
further.
at is a fact that brought the
suits at first with view of financial
profit. like any other lawyer would
do, but the city and others made me
appear in a very bad attitude.
fought to vindcate myself-not to
do the city any harm"
The demurrer filed to the petitions
in the federal court is identical and
the same as that filed in the state
courts. 1t is a matter of opinion in
the two courts. but federal court is
considered of more weight"
It will be a matter of interest to
know that Attorney Worten will not
push the suits any further. He filed
about so altogether. and should the
matter go against the city, If prose-
cuted to the highest courts. would
mean bankruptcy for the town.
1t Is not known whether any other
attorney will take the matter up. this
remaining to be developed.