The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-24
Get HARD KNOCKS
Senate Breaks Out in a New
Place.
Members Rap the Railroad At
tOrneys Sharply.
OVER A SM ALL MATTER
Afterward Measure Is Passe,
With Little Change.
Young Primary Bill Finally
Passes the Senate.

For ways that are dark and tricks
| that are VAIN the yellow brother no
longer enjoys a monopoly of the title
to "peculiarity," which "honors' the
railroad attorney seems to divide more
than equally with John"
This was, at least, the talent conceded
| to him in the senate, not only by other
lawyers, but by his fellow railroad at
torneys who represent the great cor
| poraticns in the smaller cities and more
remote districts of Kansas. A bill so
short that it appeared too insignificant
| to bear discussion stirred up a red hot
debate in committee of the whole on
the eve of adjournment last night. It
was designed to give the district judges.
within their respective districts, power
in vacation or at chambers to deter
mine motions to vacate and modify in
functions, discharge attachments, va
cate orders of arrest, pass upon and
decide demurrers, motions to strike out
from pleadings, to strike pleadings from
the files. to make pleadings more def
mite and certain, to separately state
and number causes of action, for leave
to file pleadings, and all other matters
necessary or proper for making up the
issues in any case, and to grant or va
cate all necessary interlocutory orders,
and to punish for contempt in open
court or at chambers, by fine, not to ex-
ceed one hundred dollars, and imprison-
ment, or either, and to assign not ex-
ceeding one attorney to prisoners who
may be unable to employ counsel. 1t
was introduced by Senator Smith, and
is officially designated as 8. B. No. 4S.
There are nine counties in Smiths
district out in the short grass country
he odi inf or iofS lat n11t
on an equally liberal scale. There are
two of these judicial districts in his
senatorial district and he made brave
fight for the relief of litigants living in
a majority of the counties, far from the
railroads, both as to trouble and ex-
pense explaining the situation at great
length. Immediately all the lawyers In
the senate and they are not few,
leaped into the arena to give battle for
or against the measure, and between
them convinced the layman that JUS
tice comes high and is slow in coming
at all. Railroad attorneys came in for
a dark brown roast from all belonging
to the fraternity, including resident
attorneys" for railroads in the smaller
cities. It was shown that delays, in
some of a year, in others longer, often
elapse after the filing Of a petition be-
fore the case reaches trial and Noftz-
ger frankly admitted that delays or
this kind amount to a denial of justice" :"
i
menced in which the ten command
ments were the basis Of the suit, "a
railroad attorney would move to have
it made more definite and certain" and
a score of similar charges were alleged
against corporation counsel.
At the end of an hours cross-f1r1ng,
Smith accepted an amendment by Wag-
gener to the legal phraseology and his
bill was sent back to the senate with
the recommendation that 1t pass as
ingly busy day in committee Of the
whole.
An important step was taken in the
direction of direct primary legislation
when the senate agreed to call halt
in the midst of its work on general
orders and take up the Stubbs bill pass
ed by the house. This move came about
when Senator Fitzpatrick moved late
in the afternoon that the committee OF
the whole rise, make its report ana
proceed to the consideration of the
house measure.
Tnasmuch as each Of the legislative
bodies has passed law framed In ac-
cordance with it's views, he said, II Is
now all important that they go to the
conference committees as soon as pos
sible. There is no way to accomplish n
this end without either the house TAX
ing up the senate bill, or the senate
taking up the house bill and acting
upon it. It was rumored that the house
would not take up the senate bill and
the senate should therefore take up
the Stubbs measure and dispose OF 1t
so that 1t might go to conference as
soon as committees can be appointed.
IF Immediate action is not taken there
on conference this week. while prompt
action by the senate might result In
getting to it this week.
The committee of the whole then
agreed to rise and, its report having
heen adopted, Fitzpatrick moved that
the senate pass to the consideration of
house bill No. Is, which had been
messaeed over, but for which there
were no printed copies. An emergen-
cv was declared and the bill was read
a second and th1ro time uhoer SuspeH-
sion of the rules.
Getty and Fitzpatrick again urged
that there should be no delay in action
that it was not a question OF policy
hut of the most expeditions method OF
getting together. Two Gays nao peeh
! ate primary bill, which was threshed
over as to every possible phase and
the only thing remaining to do was to
substitute the points upon which there
was a difference, from the senate OIL u
the house bill.
The lobby. which had been disposed
| to he noisy, was warned to be quiet or
IT mieht be necessary TO retlre ano
Senator Fitzpatrick having moved tnat
ali of house bill No. Is after the end
of section 1 be stricken from the bill
and the provisions of the Caldwell bill
as adopted by the senate Wednesday
Substituted therefor, the substitute was
read and roll call ordered, which show
| ed the adoption of the amendment by
| a vote of q to 10.
The bill was then called on the pass
age of the bill as amended. The re-
! suit:
! Ayes-Benson, Belts, Brewer, Bus
chow. Caldwell, Carver. Chapman, Con-
ner Fitzpatrick, Fulton. Griffin
Hamme Harrison, Haskell, Huffman