The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-11
] U1O Wv UaEIUN
County Auditor Larimer Tries
to Stop EXtrayaganceS.
Employment of Special At
tOrneys Must Stop.
is MUCH MYSTERY
Records in Stone Case Are Not
Available.
County Attorney Must Take
Care of Business.
MUCH MYSTERY

There may be trouble ahead for the
Shawnee county board and the county
attorney when payday comes IN the
cases in which the commissioners and
county attorney have entered into a
scheme to employ assistants in civil
actions Only recently J. E. Iar1mer,
county auditor, blocked the employ
ment of special counsel in the Kelley
bond cases and it is not improbable
that he viii hold up the fees of spe-
ciaI counsel in the case of the Illinois
Life Insurance company, now pending
in the district court.
\ casual search of the statutes
shows many opportunities for extra
fees for the county prosecutor He can
draw fees for practicing in foreign
courts and for prosecutions in a dozen
brands OF cases. But the law says the
county attorney is not allowed special
counsel in individual, civil or criminal
cases When the Shawnee county
prosecutor goes to the supreme court
or the federal courts with case IN
which the county is involved, the law
says he shall receive reasonable
fee, although he does not leave the
city to try the case.
Then the law stops 1t says that the
practice of employing special counsel
to assist the county attorney is illegal
| OF course this does not affect his reg
GIar office force, but applies only to
special instances where the county at
torney lands a contract that is really
too large for one lawyer to handle.
Larimer stopped the Deal.
The real law in the case was brought
to light several days ago by Mr. Lari-
mer. when he advised the county not
to carry out their contract to employ
special counsel in the Kelley cases
The mem bers of the board and Coun-
ty Attorney Simon had agreed to take
Robert stone into the case. In fact,
Simon is said to have urged the APP
pOintment of special counsel and rec
commended Stone. Arrangements We're
made for the trial of the case, winch
involves the sale of SIS, 900 worth of
Missouri Pacific bonds of shawnee
county. which We're sold by the coun-
tv commissioners for $4,000, and for
the sale of which the commissioners
& Kelley a % per cent commission, or
1900, on this lone deal.
Records Attempt to Clear Simon.
Then Larimer sent a signed com
munication to the board After an
investigation, the board repudiated
the Stone contract and stone was
dropped from the case but the rec
ords tell a somewhat different story
Written in the official records OF the
board by the hand of Ed O'Neil is the
statement that the contract is re
nounced on recommendation of the
county attorney This statement on
the official record whitewashes the po-
sition of County Attorney SIMON
tho board and advised them that they
had authority to employ stone as an
attorney in the case.
Simon's Letter Not to Be Found.
Requests were made at the county
clerks Office for copy OF 81
mons recommendation 1t was not
there. although the commissioners
records are in the hands of the county
Then Edwin O'Neil. who prepares
the records of the board, was called
over the telephone.
Il haven't got COZ of it, ONeu
said. in response to a request, and
YOU better ask Mr. Simon about 1t.
O'NeiI Became Noisy.
| When pressed for an answer as to
whether Simon really ever sent COM
municatiOn to the board, O'Nel be-
came noisy and said his interrogation
must ask someone else. Then county
| Clerk Zimmerman was found and he
thought probably Mr.. Simon's state
ment was Just a verbal one. But no
| one mentioned the typewriter COM
| munication which Larimer sent to the
| board It is common rumOr at the
court house that Larimer is not in
favor with the ONeil- Zimmerman
| Simon trio-and it was suggested that
perhaps they really wanted to forget
| the letter
True Facts Will BE Known.
At the present time the county
! board has a contract with Topeka
/ law firm to assist in the trial of the
/ insurance case in the circuit court
| Briefs have already been submitted in
! the case which involves 5 1000 taxes
I paid to Shawnee county under the
! this case are submitted to the commits
/ sioners. Larimer withholds his official
I o. X. the true facts in the controversy
may reach the public