The Topeka state journal., 1918-07-25
TAXPAYERS OR
TOWNSHIP PAY
LAWYER FEES?
That Is Question Before County
in Troutman Affair.
Charged That individuals Were
Plaintiffs in the Case.
VMIGHFRS FIR S576 ON FILE
VOUCHERS FOR S576 ON FILE
This Amount Paid Attorney for
Counsel in Road Suit.
Matter Will Be Threshed Out by
Officials Friday.

Did the officers of Topeka town
ship act within their legal right when
they paid s576.49 of the money of To-
peka township in prosecuting litiga-
ton IN which certain taxpayers ap-
peared as plaintiffs?"
This, it became known today, is one
of the questions which the resolutions
passed Monday night by the Gage
Park District Improvement club ask
the board of commissioners of Shaw
nee county to answer after they nave
made the requested investigation OF
fees paid by the township board to
James A. Troutman, attorney. for the
LAWYERS legal attempts to block the
paving of the West Tenth street road.
Two suits, wherein taxpayers only ap-
pear as plaintiff, have been brought to
enioin the paving since the petitions
were filed with the county commls-
sioners. In both cases Troutman was
attorney for the petitioners and lost in
the initial one, was filed with James
Stevenson, o. C. Skinner. Scott Kelsey,
F. NJ. Washburn, Ira Romig, I. w.
Scudder. Ben Kessler, W. E. McCarter,
J. G. HIey. W. r. Lott. j. Frank
Logan and A C. Potter as plaintiffs.
the records show. The other, which
was the last attempt made to block
the improvement, shows F. NJ. Wash
burn and W. E. McCarter as petition
ers Topeka township does not ap-
pear as a plaintiff in either case.
Scott Kelsey, one of the plaintiffs
in the first suit. when asked today
whether or not the individual taxpay-
ers paid Troutman his fee in the two
cases stated that insofar as he was
aware they did not. ~ do know that
didn't pay any of it." he said.
KELSEY sent the State Journal a
ax-i0 that the
s40n in fees were paid James A.
Troutman, because it was regarded
that the lawyer had been successful in
his litigation owing to an alteration
in the Kansas roads laws since the
cases were begun.
Changes in Law.
1t was officially stated at the court
house today that the petition for the
road was filed uAder the road law
then in effect. Altho later changes
We're 1niadeafn the Kansas road laws
the changes do mot affect the West
Tenth street road as at the time of the
alterations the paving was held to be
an unfinished project. The road will
be builded, it is asserted, under the
law in effect at the time the petitions
were circulated This is bolstered up
by supreme court decisions. which
mold that any changes in the con-
struction of the road other than at
first announced would necessitate new
petitions.
Il don't know anything about the
road law where under the West Tenth
street road is to be paved" said kelsey
today Il only know there were
changes in the state law. 1 cannot say
whether or not they affect the Tenth
street project"
Vouchers to the amount of s5764e,
paid by the Topeka township board
to James A. Troutman. are on file in
the county clerks office. They are
signed by John L. Troutman, as
trustee.
Taxpayers Suit.
The Gage Park District Improve
ment club and present Topeka. town
ship board are asking the county COM
missioners to investigate and say
whether or not James A. Troutman,
under the contract providing he re-
ceive $3.50 if he lost the case and $500
if he won, was overpaid when he re-
ceived $500 in fees. They also want
to know why the township money
should be paid for litigation wherein
taxpayers appear as plaintiff and the
township does not.
The Resolutions.
The resolutions passed by the Gage
park meeting, and which probably will
be read by the county commissioners
at the commission meeting tomorrow
follow, in full:
To the Honorable Board of County Com
missioners:
At meeting of the Gage Park District
Improvement Club" held at the Gage Park
school house on July % 1918. the following
resolution was adopted:
Resolved. that the secretary of the Gage
Park District improvement club is hereby
instructed to request the Board of County
Commissioners of Shawnee county Kansas,
to investigate disbursements made by the
officers of Topeka Township in connection
with certain litigation in relation to the
paving of West Tenth road for the purpose
of having the following questions an
swered:
First-Under the contract entered into bys
the Topeka Township trustees with James
A. Troutman attorney, was he not over
paid by the said trustees for services rem
derd?
Second-Did the officers of Topeka
Township act within their legal right when
. they paid $5T6.49 of the money of Topeka
township in prosecuting litigation in which
certain taxpayers appeared plaintiff.
as records seem to have been kept
of the receipts aud expenditures of the
poll tax" and other Topeka township
monies between the years 1918 and 1917 by
the township board in office at that time
that the Hon Board of County Commits
sioners be requested to investigate this
matter in addition 10 the foregoing.
New Orleans Cotton Market
New OrIaans JuIv 5-CATTON-Soo+