The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-11
Topeka Attorneys Suffer in TIE
Supreme Court Findings.
Judge Sluss Allows Only Four
teen Thousand Dollars.
ASKED FORMUCH MORE
Claim Was for Nearly Seventy
Four Thousand.
False Teeth Case Is Sent Back
for Trial.

for Trial.
Judge H. c. Sluss of Wichita. Spec
iaI commissioner of the supreme court
made big cut in the attorney fees
asked by Joseph G. Waters, John f.
SWltzer and Rossington & Smith in
the famous Larabee cases. The at
torneys asked that they be paid $73,-
'oo IN attorney fees and expenses. The
commissioner has cut these claims to
$1S,SSO,. allowing the expense ac-
counts but reducing the fees.
The Larabee case came to the su-
preme court, in the beginning a mat
Ter OF nine dollars being actually in
VOWED 1t was one of those fights
Tor principle. The Larabee Milling
company. had a mill at Stafford and
the Missouri Pacific refused to switch
cars from its line to the mill unless
certain demurrage charges were paid.
The mill company contended that the
charges were excessive and refused TO
pay and brought an application for a
writ of mandamus to compel the
payment.
The case was won by the millers in
the state supreme court and the Mis-
souri, Pacific appealed to the supreme
court of the United States There the
mining company won. During the
nearlngs OF the case in Topeka and
eral attorney for the Missouri Pacific
said that this case was one of the most
important that had ever been taken
through the courts.
Waters & Waters, John F. Switzer
and Rossington & Smith, all attorneys
OF Topeka, were the attorneys for the
Milling company. Rossington &.
Smith wanted $4,000, Waters &
waters wanted $4,000, John F.
Switzer wanted $4,000 and there was
total of $3.50 expenses. The Mis-
souri, racine, having lost the suit was
compelled to pay these fees if the
court so ordered. But the railroad
protested and Judge SIuss was named
to take evidence to determine what
would be reasonable fees He has
completed his findings and the report
says that Waters & Waters should be
paid $500 and that $11.4SO is all
that Switzers and. Rossington & Smith
should receive as fees and expenses.
making a total of $13,980 to be paid.
instead of $73, $50 claimed The hear
ing on this report will be in June
According to the decision of the su-
preme court in an appeal from Frank
lin county, the eight hour law applying
to all public work is held to prohibit
tne WORKING OF firemen and engineers
IN city water and light plant At
OTTAWA the men employed at the muni-
c1paI plant were worked in two shifts
or II hours each. Owing to the fact
CIldC. the men naQ considerable time in
each IL hours when they were not act
ually busy. the city contended that the
men were really at work less than
eight hours day, although they were
required to be on duty II hours. The
district court upheld the citys conten-
ton, but the supreme court reversed
this decision and held that it did not
make any difference whether a man
was busy all the eight hours or not,
If he was on duty that length of time
that eight hours would constitute full
days work.
1t is not often that a man gets
'souSed.'' is fined by the city for being
drunk and then takes the case through
all Of the courts of the state and
through the supreme court to escape
payment of the fine. L. c. Naylor was
arrested and convicted of being drunk
in the town of Mineola in Clark coun-
ty. In the police court of the city he
was fined for the offense. He appealed
to the district court and the judgment
of the police court was affirmed. He
brought the case to the supreme court
and the decision of the two lower courts
also were affirmed and Naylor must
pay the costs, the fine and the attor-
ney fees through the long legal proce-
dure. The appeal was made on purely
technical grounds.
The famous "false teeth" case from
Junction City was decided in the su-
preme court today, and the court or
dered that Drs. McClintock and King
should be tried for malpractice. The
case against DIR. Bowen of Topeka is
ordered dismissed. Jesse B. Wing
field, a farmer living near Junction
City, awoke the night of October 8,
1908, with something sticking in his
craw, also he noticed that his upper
false teeth were missing. An investi-
cation seemed to indicate that he had
swallowed them DIR. King was call
ed, and he found it necessary to bring
Wingfeld to Topeka and have DIR. j.
c. McClintock make an x-ray ex-
animation, to locate the teeth before
an operation was begun. The X-ray
apparently located the teeth and
Wingfeld was put on the operating
table and his throat and stomach
| opened, but the teeth were not found.
| Wingield died few days later, and a
| post mortem examination failed to To-
| cate the teeth Drs- King, McClintock
and Bowen, who performed the opera
ton, were made defendants in suit
| for malpractice brought by the widow
of the dead man. The lower court
held that there was not sufficient evil
dence to warrant the case going to
| the jury. The supreme court held that
this applied to Bowen only, but that
/ the other two doctors would have to
stand trial by jury.
! In a decision of the supreme court
today in suit of the state against
Micheal Weiss, appealed from Sedg-
wick county, it is held that the leg
lislature of Kansas or any other state
! has ample authority to absolutely pro-
/ hibit the sale and manufacture of in
toxicating liquors for any purpose
whatever, even without the constitu-
tionaI amendment. Neither does such
an amendment diminish the power OF
the legislature The Kansas constitu-
4 tion prohibits the manufacture or sale
i of Intoxicating liquors, except. for
medicinal, scientific or mechanical
/ Continued on Page Four.l