Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1913-01-25
SATURDAY. JANUARY 25, 1913.
Little Law Suits And Big Costs.

ture is going TO Try TO Work out
new scheme of court procedure which
will end the long delays and the heavy
costs in law suits over small matters
The legislature has plenty of material
for the basis of its action, as there
are numerous cases now in the Kan
sas courts or recently settled showing
how the costs pile up in court prOce-
dure and delays are brought about
which often tend to thwart the very
idea for which the courts were appeal
ed to to help.
Among other things it is proposed
to organize what are known as deb
tors courts throughout the state. In
these courts an uncollectible bill may
be presented. To go through the
usual court procedure would take
several months and cost more
than the original bill. In
the debtors courts no lawyer will
be permitted. The man with the bill
simply appears before the judge and
the Judge sends for the man who
owes and asks him why he doesn't
pay Both men have their own wit
nessess or documents. The judge
hears all of the complaint and the
answer and then decides and the bill
either shall be paid at once or dis
allows and there will be no court costs
or long delays.
At Dodge City few months ago
Ward Stephens worked for J. T. Bau-
com for nearly month and presented
a bill for s26.9S. Baucom thought the
bill was too high. He offered and
paid S25 for the work. But Stephens
thought there was still due him the
additional s1.9s, so he brought suit
before Squire Trebilcock, justice of
the peace, for the S1.9s. The suit was
thrown out at first because Stephens
was minor. The costs that far a.
mounted to 500. 10 and there had been
no justice done. So the young mans
father brought another suit. There
was trial, many witnesses testified
as to the work done and there was ex-
pert testimony as to the value of the
services performed and the count
ordered Baucom to pay the 81. 90 still
due Stephens and assessed the costs
and attorney fees against Baucom.
The actual court costs were $73.45
and the attorneys charged 5000 for
their services, making a total of
1902. SO to collect little bill of S1.98
for wages due for labor performed.
Then there is the bigger and more
famous case, known to the lawyers of
Kansas as the Larabee case. The
Larabee Mills Company had a flour
mill at Stafford and got into row
with the Missouri Pacific railroad
over demurage charges for cars switch
ed to the mill. The company present
ed bill for $50, and the millers re-
fused to pay, and the matter got into
the courts. The case has been to the
supreme court of the United States
once and is now there second time
The Missouri Pacific has already
actually paid out $1,000 in attorney
fees, printing of records and briefs
and court costs in this case. The
Larabees have paid out several thou
sand dollars. The courts held that
the Missouri Pacific did not have any
right to make the demurrage charge
of $50. The case is now in the SUI
preme court of the United States to
determine what the attorney fees
shonld be, the Missouri Pacific being
ordered to pay the fees, and refusing
to do it because the fees asked were
exoTbitant. The attorneys for the
millers wanted $4,000, and were al
lowed S12. 900. When the case is end
ed and the Missouri Pacific has to
pay the fees it will have to
spend more than $4,000 in try
to collect an $50 bill, and the
milling company will have spent
close to $1,000 in trying to keep from
paying the bill.
Out in Hodgeman county there is
what is known as the calf case. 1t
started four years ago. Judge E. Bar
stow bought calf of a farmer named
Smith, E. Netigate claimed that
the calf did not belong to Smith and
brought a suit to make Judge Bar
stow pay him for the calf. The calf
was actually worth s12. The litiga-
ton continued little over four years,
and in the meantime the calf died.
By mutual agreement the calf was
skinned and the litigation continued,
ostensibly over the calf, but in reality
for possession of the hide. The court
costs amounted TO $500, and the at
torney fees exceeded $500. The
question at issue was whether certain
marks on the side of the calf were