The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-11
IN DISTRICT COURT
Large Number Liquor Cases
Disposed Of.
Agreed Statement of Facts in
Thomas Case.

Final disposition of number OF
liquor injunction and contempt cases
were made i'll the second division OF
the district court this morning. "A
number of the injunction cases were
dismissed by the county attorney In
others confessions of judgment We're
entered by the court.
The accusation of contempt of a
liquor injunction made against Fritz
Durein was the only case of the kind
dismissed in the second division. The
injunction cases dismissed included
those against Ed Jordan, a. B. Will
ers, and Otto Battles and others.
In the injunction suit against a. B.
Williams, Sid Nelson and w. l. Jami-
son, the case was dismissed to
Janison and judgment on confession
was entered against other defendants.
In the case of James Miller and A.
Braem a dismissal against the lat
ter was entered and Judgment against
Miller by confession was taken.
In the first division of the district
court this afternoon the final action
toward cleaning up the docketS is be-
ing taken. including a number of dis
nissalS of state cases in which ar
rests have not been made, or which for
some reason further prosecution
would not be worth while.
Judge A. w. Dana in the first di-
vision of the court this morning was
occupied with his regular motion
docket, which consumed nearly all the
morning. Arguments in several cases
were heard by the court.
Judge George H Whitconb this
morning heard arguments in the case
of the Parsons Railway, Light & Pow
er company against the public utilities
commission. The suit seeks to enjoin
the commission from putting into eff
feet an order fixing the rates to be
charged for electric current at Par
sons. The company claims the rates
are too low to allow a profit.
An agreed statement as to some of the
facts in the case of Shawnee county
against former Clerk of the District Court
r. l.. Thomas. was filed In the case this
morning and arguments of counsel in the
case were heard by the court 1t is likely
that some testimony, probably compare
lively little, will be taken in the case be-
fore it is formally submitted to Judge
George H. Whitcomb of the second di-
vision of the district court.
The agreed statement of facts include
an admitted collection of S13,794.S SO during
Mr.. Thomas incumbency of the clerks
office above a salary to which it is agreed
clerk hire paid out during his term. The
amount stipulated, therefore, constitutes
the amount in dispute, the disposition of
which will be up to Judge Whitcomb TO
decide.
The amount. however, is exclusive of
the sum of $671.50 paid to L. G. Beal and
w. r. Faulkner in making special audit
of the clerks office, which was charged
with other items of clerk hire.
The plaintiff admits that Mr.. Thomas
was entitled to retain the sum of $15.625
as salary during his term of office. The
excess in collections above the clerks adj
rnitted salary and his payments for clerk
hire the plaintiff claims, should go to
the county. Mr.. Thomas claims division
Of the net fees.
Tt is agreed also that practically the
entire sum in dispute has been deposited
by Mr.. Thomas in court and is being held
a. the order of the court pending final
Judgment in the case.