The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-10-11
MUST PAY COSTS
Surety for John Richie Loses
in Supreme Court.
Another of Old City Sewer
Scandal Cases Ended.
CON CHUMOS WINS CASE
Daughter Must Return From
Greece To Get Estate.
Altering Bank PassbOOk Is
Held To Be Forgery. !

The Fidelity & Deposit company,
surety for John Ritchie, must pay at
torney fees and costs of the city of
Topeka in the long fought sewer
cases. The state supreme court today
affirmed decision of the Shawnee
county district court and held that
employment of special counsel by the
city was an expense item for which
the surety company was liable.
In its decision today the supreme
court writes a concluding chapter to
the sewer scandal which started with
Richie in 1905. J D. Hanley was
associated with Richie in the build
ing of the sewers and thru alleged
defective construction and Delinquent
cies. the city claimed taxpayers were
swindled and the city itself over
charged $4,000 on work. 1t was
when the city withheld a warrant for
$4,000 on a subsequent contract as
an offset to the 1906 losses that the
controversy reached the courts. Now
the actions are practically ended will:
judgments favorable to the city.
Dawson Wrote Opinion.
Justice John S. Dawson, who wrote
the opinion in the Richie case, de-
clared the city was within its rights
in retaining special counsel. In final
judgments. the court held, the surety
company should justly be taxed for
these legal service thru whatever
courts the cases may have been car
ri~d
Attic city Of the first class is pro-
Vidcd with n city attorney whose duties
are to attend to NIL litigation in which the
city is involved. yet the city may employ
when the gravity or extent of the ltiEa-
ton reasonably requires the services Of
such additional counsel said the supreme
court In its syllu bus
ANY money which the city of Topeka has
already paid for sTerial counsel in the case
mrst he returned to the city by the surety
ronDnny. the opinion STATES. In fact the
Judgment holds that in ease of sufficient
im"ortance. the company acting as surety
Of any necessary EXPENSES of the city in
T "vering any proven losses under con-
Con Chumos WINS Case.
II papn'u'ots Chumos. minor daughter
of Con Chumas. of Topeka, is to. share in
t." es'ate left by her mother in 1912, she
rsY.ti'eln under guardianship Of her divorced
FIR. according to the state supreme
ee.Tt. The higher court today affirmed
K Decision of the Shawnee county dis
ut co~~t approving appointment OF the
Ess'cr - guardian Of the child.
Ese'he ocrision today settles the long
e. wn ont ChumOs property and divorce
"a iroyerSies. Under the decision today
Rit,,inos may pay to himself the alimOny
EgrSSrd against him in n divorce suit
l,yon.ht by his former wife. Maria Chu-
MOS, mother of the child. was several years
s--fl srit''tetl n divorce anu HllHlouy loT sup
FORT Of herself and children. She went to
Es.hnSvlyania accompanied by her daugh-
f;r Two remained in Topeka with
faH father The mother died in 1912. In
a. Will she left three fourths of her pro-
ffr:y to the daughter. Included in this
hrrurrty was the Judgment for alimoRy.
ksFnllowing the mothers death. the
Executor of the estate sent the daughter
to Greece. She has never returned. An
aS1ine LGmbros, named as guardian by
tftr Pennsylvania court, accompanied the
e9glId over seas. In the meantime the
shpwnee county district court set aside the
Judgment under the alimony decree.
e.bumos was appointed guardian of the
t9sild by the local probate court. Now
sftumos demands that his daughter must
FAtuTn to him If she is to share in the
eztate. This position is upheld by the
court.
The Road Gets Roukher.
1.-THE supreme court put a few more chug
holes in the hard, hard road of the Kan
kAs jointist today. 1t held that AdOlph
Kurent under injunction against prohibit
tory law violation, may now be prosecuted
tfiminalIy for the sale of liquor and at the
E4me time held in contempt of court.
JKurent's case came from Crawford
founty. The defendant contended that he
Ssls already being prosecuted for one Of