The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-05
Old Topeka Capital Suit Is De-
cided Again.
Former Political Boss Is Held
Liable for Stock.
ECHO OF OLD LAWSUIT
Judge Dana Calls Attention to
Decision on Both Sides.
Then He Decides Leland Is Liza
BILE on Four Shares.

Judge A. W. Dana of the district
court sprang good joke-thcugh a
rather serious one-on his predecessor,
Judge z. T. Hazen, today when he, in
preparing to announce his own decision
on a matter, reported that the court
records showed that the former Judge
had already ruled two ways on the
same proposition.
Crossing his index fingers at right
angles, Judge Dana jokingly said, Il
find Judge Hazen'S decisions cross like
this Perhaps if there was third way,
| would find for that" Judge Hazen
was present and the announcement was
duly appreciated by the many members
of the bar in attendance.
The cross decisions of Judge Hazen
were in connection with the question
whether or not Cy Leland owned any
shares in the old Topeka Capital com
pany which had been sued by the Rem
ington paper company for a $4,000 pa
per bill, the final phase of which suit
Judge Dana ruled on today.
The litigation as a whole is a most
complicated affair and it's history is in
volved. Still Judge Dana has apparent
ly settled it for all time
When the defunct company of which
J. K. Hudson was president was taken
fused to assume the paper bill. Tho
Remington company then sued the old
company in 1897 and secured judgment
for something over $4,000, but the
judgment was not paid and action was
then brought against the separate
stockholders, J. K. Hudson, Arthur
Capper, Dell Keizer, T. W. Harrison,
Harold t. Chase, r. L. Thomas, Cy Le-
land. and E. n. Morrill,, in 1899. Judg-
ment was secured and a number paid
up, among whom was T. w. Harrison
who paid $6.113.77 and then brought the
suit, decided today, against all other
stockholders to force them to con-
tribute to him.
But when the company was being
showed against the wall in 1895, $500 was
borrowed from H T. March. Failing
in its collection he brought suit against
the company and was awarded judg-
nlent but the judgment was unsatisfed,
so March se1aeted Cy Leland, as an
individual stoekholder, to sue for the
amount. Judge Hazen held that Le-
land owned four shares. or $4,000 stock,
and found against him for $731. 81, in
Guiding interest and costs.
Yet, later When the suit of the paper
company against the individual stock
holders came UP for decision he held
from evidence that Leland owned no
stock at all apparently forgetting that
he had ruled otherwise previously.
Further, after Leland had paid the
judgment of March against him. he
turned and brought a $125,000 damage
suit against Mulvane, the Bank of To-
peka, and the Capital company, in
which he himself admitted he owned
shares in the old company. That suit
was dismissed.
When Dana today reported his find
in the record, Judge Hazen arose to
defend himself and explained that the
first judgment had been taken by de-
fault and he had forgotten it. But At
torney e. S. Quinton, who had been
in the case wouldn't let the judge off
so easy and arose to say that he him
self had reminded the judge of it at
the second trial.
Judge Dana gave it as his opinion
that Cy Leland did own four shares
of stock and should contribute pro rata
with the others to T. W. Harrison. The
judge found that out of the stock of
the former company there were 135
shares owned by solvent stockholders,
divided as follows: Dell KeiZer 81, T.
w. Harrison Is, Harold T. Chase 81,
I Cy Leland E. N. Morrill, 2, James L.
King 2.
Richard L. Thomas and Arthur Cap
per, having paid the judgments against
them were dismissed from this contri-
button, Geo. NJ. Noble and T. B. Sweet
were released because they had trans
fered their shares, and J. K. Hudson
and others were found to have been in