The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-05-09
THOMAS won CASE.
CONTINUED FROM Page ons.)

claimed that TnOmaS enOulO poy OvoE
to the county treasurer all OF the fees
in excess Of the amount allowed by
law for salary and clerk hire. ThOmae
contended that he was entitled to halt
OF the fees after his salary ana the
clerk hire was paid. He insisted that
clerk hire before paying any money to
the county and that then he was per-
mitted to keep half OF the excess fees.
Since tho creation of the second d.
vision of the district court, he con-
tended for $1,000 q year clerk hire
instead OF $4,000 under the old law.
His contentious on these points were
today upheld by the supreme court
and the victory means that Thomas
will receive about $4,000 which the
The trouble in the clerk Of the
courts office came when the county
commissioners in 1911 ordered Q spe-
cial audit Of tho books Of the county
officials. Thomas's office was the
first to be audited. 1t was freely
charged that the audit was the out
growth Of q row among county Off
cials and that the then Simon-Norton-
Zimmerman-O'Nei1 crowd were look
ing for the clerks goat at public ex-
pense.
AS a result Of the audit in Thomas
office, the county laid claim to nearly
$4,000 in fees collected by Thomas
The audit had cost nearly $4,000 and
nearly one-half of the expense Of the
audit was for the Thomas investiga-
ton. While the county was making its
audit at an expense Of nearly
$4,000, Thomas made private
audit at a cost Of $671.50, which the
court refused to permit him to pay
for from the earnings Of the office.
The lower court also upheld the con-
tentions OF the county commissioners
regarding the holding OF all fees in ex-
cess of the Thomas salary and clerk
hire It was on these issues that the
case went to the supreme court.
upholds the contention Of the attor-
neys for Thomas on every material is
sue except the question of the payment
Of $671.50 for the private audit. On
an agreed statements of facts. declareS
this question is ambiguously stated
and that the lower court should hear
further evidence or secure q more de-
finite agreement on the one point.
Dodge City Park Case.
The city Of Dodge City is going to
have a lawsuit over its city park. un-
der q ruling of tho Kansas supreme
court today in granting writ OF
mandamus against H. M. Kinkhead.
county clerk of Ford county. The
city park il supposed to be an island
in the Arkansas river. and it was
given to the city many years ago. 1t
has since been used as q public play
ground. The city has spent many
thousands of dollars improving the
park. Sometime ago A. w. Cain set
tied upon the park al an island which.
under the law. would be school land.
The residents Of Dodge City DRIVE
Cain off the land and some of them
even threatened him with bodily
harm. But Cain filed his settlement
papers with the county clerk, who
refused to accept them because, he
asserted, the island was already pub
lie property and could not be settled.
Cain brought mandamus proceedings
in the supreme court to compel the
acceptance of his fling papers. The
supreme court ruled today that he
was entitled to settle upon the land
and file his claim. the questions of
ownership and right to retain the land
to be settled later by court proceed
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