The Topeka state journal., 1911-09-06
FACES A BIG SUIT.
Eugene b. Stotts, One Of City
commissioners, Defendant.
Result Of the Shooting Of Fred
johnson.
YIOLATEDQUARANTINE
Stotts Says That Guard DuttoT
Did His Duty.
He Laughs at the Action for
Damages.

Eugene B. SIotts, city commissioner,
was today made party defendant in an
action for $25- -125 damages in the Uni
ted States circuit court by Fred John
son. The suit grew out of the shoot
ir.g of johnson by W. II. Dutton, a
guard, when Johnson attempted to vio-
late the quarantine rules. The Kansas
City Casualty company, which is sure
ty for Stotts is made a party to the
action and is sued for the amount of
Stotts' bond, So 900.
Johnson alleges that it was Stotts
who was responsible for the appoint
ment of Dutton as a guard and that
the city commissioner prevailed on the
guard to use extreme methods IN the
enforcement of the quarantine rules
After the shooting of Johnson, Stotts
endorsed the position taken by the
guard and to his statements at that
time Johnson is extremely grleVed and
feels his damages should be increased.
The shooting of Johnson occurred the
evening Of August %, when Johnson re-
fused to obey an order issued by Dut-
ton. When johnson attempted to walk
from quarantine district, Dutton drew
q revolver and fired, severely injurlng
the plaintiff in the present action
Now Johnson seeks damages in the
amount of $15,125 against Stotts and
Dutton. OF this amount he claimed
S25 for loss of time and 500 for hos
says is just compensation for the in
juries which he received. Then john
son wants the full $4,000 which the
Kansas City company is surety for
Stotts' Official acts.
Stotts was not inclined to take the
suit seriously today when asked for a
statement concerning the case. After
being served with papers in the big
damage suit, Stotts thoughtfully
scratched his head and gave out the
following statement:
LAS a comm issfoner of health and
sanitation, it is my duty to protect the
citizens of Topeka said Commission
er Stotts this afternoon This man
Johnson openly boasted that he would
go where he wanted to in the small
pox district, guard or no guard, and
he would spread the disease all around
town.
"Dutton had orders to keep anyone
from entering the quarantined house
and to prohibit anyone from leaving.
johnson entered this house and Dut-
ton shot at him in an attempt to keep
him from leaving and spreading the
disease as he had boasted he would do.
johnson has been drunk and dis
orderly since the shooting. Topeka
must be protected from irresponsibles
and drunkards and hoodlums of this
kind.
This suit calls for an awful lot
of money. If am compelled to bay
it will mean liver in place of bacon at
nv home for some time to come
At the present time a, state case IS
pending against Dutton for his alleged
hasty action in shooting Johnson. From
all parts of Topeka both Stotts and
Dutton have been commended for their
position in endeavoring to keep the
smallpox epidemic in a limited terri
tory and by many buttons action was
viewed as justifiable under the circum-
stances.
No notice had been given of the
probable filing of the suit and John
sons action came as a surprise to the
persons interested in the case.