The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-29
County Attorney Reaps Harvest
From Injunctions.
Filed 81 in 6 Months; Schenck
Used ) in 4 Years.
WORTH $50 TO $500 PER
The Cases of the ThrOop Hotel
and Elks' Club.
Case Where Fees Were Accepted
and No Prosecution.

For six months that perfectly legal
fee graft-the liquor injunction-has
been working overtime in Shawnee
county. Since taking the oath of Of
fee in January, E. R. Simon, county
attorney, has filed q injunction pro
ceedings in the district court, as against
a record of five injunction suits filed
by his predecessor in four years.
OF these q cases, the courts have
passed on but nine. In these nine cases
Simon received fees in the amount Of
$500. From parties who pleaded guilty
or were convicted for violations of the
prohibitory law at the April term of
court, Simon received an additional
$3.50. To this $3.50 is added 500 which
Simon received from the governors
contingent fund ''for liquor investiga-
tions.v This total of $3.50 must be ad-
ded to 81, $50 which shows Simon's in
come for the first six months in office
to be $1,000. In addition to the $4,000
which the office has paid in six months
there are yet II of the q injunction
suits from which fees will be collected.
The Injunction a Gold Mine.
According to a little paragraph in
the Kansas statutes, the liquor in
junction is a perfectly legal and harm
less tool in the hands of diligent pub
lie prosecutor But for some time that
rather innocent little section has work
ed overtime. That law provides that
if a county attorney has cause to be-
lieve that liquor is sold, kept for sale,
or drank or certain premises, that such
action constitutes nuisance and an
Injunction may be procured to prevent
infractions of the law. For this ardu-
Gus service-that sometimes requires all
of Is nainutes-the county attorney
may receive a fee of 800. This fee is
paid by the party against whom the
Injunction is granted and the fee be-
comes a lein upon the property. by
certain public officials, it is said that
the injr notion act aids In the enforce
ment of the prOhibitory law IN Kan
sas.
In Shawnee county the injunction
seems not to have closed the joints
In1unctions have been granted against
buildings. lawyers fees collected and Vi
olators. moved across the street ano re-
newed operations in a perfectly SAM
tary building
Fees on Top of Fees.
From another section of the session
acts. the county attorney finds a Sec
ond clause that provides that for each
count or which q Violator pleads guilty
or is convicted, the county attorney
may collect S25 for his services from
said guilty party. In six months TINS
clause was worth $3.50.
Perhaps never in the history Of Shaw
nee county has a public official 1mpos-
ed on the spirit of a law more than
was evidenced in the recent cases
aeainst the Throop hotel. That bit of
seemingly legal contortion is yet a
n1Izzle in the minds of court attend
ants.
The Case of the Throop Hotel.
In the complaint against the Throop,
Simon charged 50 bona fide sales OF
LIQUOR Two negro pOrters who were
arrested at the time of the raid were
permitted to plead guilt on one count
each. From these men Simon collect
ed $50 as attorney fees for "prosecut-
ing the case.
Then the wonderful thing happened.
Records show that the ThrOop propr1-
etors admitted that perhaps liquor had
been sold in the hotel by porters with
out their knowledge. Everyone Of
these So counts, which Simon swore
to personally, were dismissed
The next day Simon walked to the dis
trict court room, where no secured an
order allowing him 500 for Shaping
an Injunction on the hotel.
day people ask strange questions why
Simon did not prosecute the case-it
he was sincere=and ALLOW some of the
money to go to the school fund.
Attacked EIlxs' Club.
lust q. few weeks ago the county at
torney secured a temporary injunction
against the Elks club without evil
dence of a single sale. But the Elks
have donned their fighting clothes and
will contest any attempt to collect
fat attorneys fee at their expense.
Watch for final returns or the Elks in
junction
Here is a bit Of court record that
shows developn ents to date in Simon's
campaign as a law enforcement Off
cisl: