The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-04
BOWERS SIDE.
District Clerk Tells Of Small
Debtor Court Matters.
Many Cases in That Court
Where Litigants Are Not Poor.


since its organization by Mayor r. l.
Cofran last spring, all but two have
been dropped. c. w. Bower, clerk OF
the district court, declares himself
heartily Disguised with the workings
Of the poor mans court. He asserts
1t bids fair to become farcical in the
extreme. The county has borne the
expense Of Is city cases without re-
ceiving a penny.
The small debtors court was organ
grievances to q lawyer. w. H. Kemper
was appointed Judge by the mayor. If
defendant in a small debtors case is
instructed to pay costs. and refuses to
do 80, an abstract Of judgment IL sent
to the clerk Of the district court, who
issues writ Of execution to the
sheriff.
According to Mr.. Bower, who cites
three distinct cases, persons we'll able
to pay for litigation take cases to the
small debtors court. The cases are
assigned to the district court, and cause
unnecessary trouble and expense to the
county.
LAS clerk Of the district court have
come in contact with some Of the cases
Judge Kemper has heard" said Mr..
Bower this morning. I'll frankly ad-
NIT 1 am suspicious Of, and heartily
distracted to me.
Some time ago q man came into my
Office asking my advice as to where to
secure the services of an expert On
handwriting. stating he had a case to
come up in the small debtors court the
following day. 1 questioned him. and
found he was a business man in the
city. I asked him where he did his
banking and he told me the German
American bank. 1 told him he had bet
bank in his case in the small debtors
court. Bear in mind that the small
debtors court is supposed under the
law to only hear such cases as those
in which the parties are absolutely
without funds to prosecute their mat
but I believe I was instrumental in
seeing that that case was not heard in
the small debtors court.
Less than two weeks ago, q wom-
an from North Topeka came into riy
office and asked me II had received a
transcript from the small debtors
court in a case in which she was the
plaintiff. I questioned her and found
she was the owner Of a seven room
house with one or more lots on the
North side. called up Mr.. Kemper,
advised him Of the situation and hope
I had something to do with keeping
that case from being distracted to this
court.
another party Il can give these
names II necessary went into Judge
Kemper's court; his case was heard,
distracted to this court and an exc
cution issued. This man and his wife
have a comfortable home on Garfield
avenue, 1 believe. The man works.
has worked for me, and makes money;
rides around with a good horse and
buggy, something that plenty OF US
cannot afford to have, yet that man
was litigating his troubles in the
smaM debtors court at the expense OF
the taxpayers of the county.
"a young man came into the Of
flee at time when I was busy clos
ing up q couple of cases and receiv-
ing the costs that the office had
earned relative thereto. He came in,
Laid down an envelope. from Judge
Kemper's office, and said Mr.. KEN
per wanted that attended to imme-
diately. I told him to wait little bit;
that was busy and would wait on
him when the time came. He insisted
that Mr.. Kemper wanted that attend
ed to right away. I then told him to
tell Judge Kemper that I would at
tend to that matter when I got ready.
This was on November 26. He did
not make known his desire to have
an execution issued on the abstract at
that time. On December 2, he came
in, asked for an execution and it was
issued and is now in the hands Of the
sheriff.
I'VE have had considerable bust
ness from Judge Kemper's court, all
of which must be done without one
cent Of revenue to the county for
either the clerk or the sheriff unless
something Is caught on execution. One
thing wish to make plain: There is
no sentiment connected with the rum
ming Of this office. 1t Is a plain bust
ness proposition and expensive at the
best. I have tried diligently to make
1t pay the county and have consider
able pride in the fact that 1 have
done so. as any one Of the board of
county commissioners can tell you.
Zone thing more: All we need now
is the enactment Of two or three adj
ditional laws of this kind and the
county, or in other words, the tax
payer, will be paying the bills of all
the litigants who have troubles to
try out in this court. The small debt
Ors' court might be a good thing in
aoIne eXfreuaa case II In 1ax1lssxl h.