The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-04-08
Supreme Court Deals Blow to
"AmbuIance Chasers."
Two Kansas Lawyers and
County Official Criticised.
JUDGES DECISION REVERSED
Suit Grew Out of Damage Ac-
tiOn Against Santa Fe.
Albert p. Allen Must Go to Pen
on Murder Charge.

lance chasers'' received a genuine
| knockout today in a singing opinion
| of the supreme court which speaks
! feelingly of a Kansas district judge,
| recommends disbarment proceedings
| for two lawyers, and calls upon the
attorney general to consider action for
removal of a county official. The de-
| cision reverses a judgment from Judge
/ William H. McCammishs division of
| the Wyandotte county district court
and uses harsh language in speaking
of the practices of Lee Judy and Earle
/ R. Gilbert, Wyandotte county lawyers.
| Gilbert is public administrator Judy
| and Gilbert are law partners.
| The suit grew out of an action for
| dana geS against the Santa Fe rail-
! road. Louis R. Holbrook, a brake
| man. was killed at Edgerton, johnson
| county, November 6, 1919. At the
| time his place of residence was in
Kansas City, Kan. The day following
| the young mans death Lee Judy
wrote to the boys mother and told her
! suit would be filed for damages
Lawyers Promoted Litigation.
Evidence in the case, as reviewed
! in the supreme court opinion, shows
that HolbrOok's mother testified she
| did not want to bring suit. she sald
she signed an agreement which, II
developed, was a contingent contract
| It provided that one-half of all money
collected should be paid in attorneys
| fees. 1t provided further that Judy
guaranteed against any judgment for
| costs. Subsequently, ]. G. Holbrook,
as administrator came to Topeka and
settled the case for $1,500. Gilbert,
the public administrator, and Judy
brought suit in the Wyandotte county
court for $3.50 under their contingent
fee contract.
The case was tried before Judge
McCammish. A demurrer was over
ruled. After the jury had deliberated
some time Judge McCammish recalled
the jury and instructed that it bring
| in Judgment for the plaintiffs for the
$3.50. This was done. An appeal was
then taken to the supreme court
| Justice John Marshall, who wrote the
opinion, gives this class of litigation
and procedure a blow that is likely to
attract wide attention among Kan
sas lawyers. The opinion specifi-
cally directs attention of the state bar
examining board and the attorney
general to the records with recon-
mendations that they ''get busy"
"Gross Misconduct" Says Court.
The contract with HoIbrook's
mother is declared unenforceable and
champertous. Then, Judge Marshall
adds: The rule that this court has
followed in writing it's opinions is that
counsel will not be unnecessarily criti-
cised for the conduct in trial of cases
IN the district court, OF IN InelT pre-
sentation in this court, but that rule
cannot be followed where lawyers be-
come litigants and base their right to
recover on transa ctions that show the
grossest misconduct on their part"
Violates Professional Ethics.
Again Justice Marshall says: THE
public administrator of Wyandotte
county, under the cloak of his official
position, sought this litigation, and to
forestaH proper proceedings by the
parties interested had himself ap-
pointed administrator of the estate and
contracted with himself and his part
ner to prosecute this action for a con-
tingent fee and they Immediately
commenced the action. A more fla
grant violation of this rule of pro-
fessional ethics can har1y be imagined.
No excuse can be given for this kind
of conduct by any person who is in
telligent and learned enough to be ad-
mitted to the bar Of the state of Kan
sas. This conduct shocks the sense
of propriety of every honest man. The
courts should not permit such condUct
to pass withoupt censure, and in no
event, should a court enforce such
contract. This court cannot pass this
matter unnoticed.
Court Demands Action.
'The judgment is reversed, and the
trial court is directed to enter judg
ment for the defendants. The atten
ton of the state board of law ex-
aminers is directed to the record pre- /
sented to this court in this case with /
the suggestion that the board give
early and careful attention to that ,
record and determine whether disbar- |
ment proceedings shall be commenced |
against Earle r. Gilbert and Lee Judy. !
The attention of the attorney general |
is called to the improperly of the con- /
duct of Earle r. Gilbert as public /
of Wyandotte county !
Il 4nd hzf = 10
consideration be given to the advisa- (
bility of instituting proceeding to Gust 1
him from that office"
Allen Must Go to Prison.
On May "a. 1913, when Albert Allen
and his brother John were having a /
dispute with Joe Kuttler, a Greeley 1
county ranchman. at his home, Mrs. /
Kuttler plead with the Allen brothers 1
not to kill her husband. What good /
will that be to kill him2 That will /
wreck two homes and send you to the
pen" Mrs Kuttler plead And ac-
cording to the testimony John Allen
replied: That is the place to go to
get rich"
And the Kansas state supreme court
decided that Albert 2. Allen must go
Ter. The murder grew out of a dis
pute over a mule that was in custody
Of Kuttler. and which both Kuttler
and the Allen brothers claimed Tes-
timony in the trial was to the effect |
that the Allen brothers, went TO the /
Kuttler ranch with the avowed in
-ention of getting the mule even tho II
they had to kill" to do so They
asked permission of Kuttler to see the I
mule. He told them they could look 4
at the mule all they wanted to. Then
hey attempted to catch the mule and
AXE it away from the KuttIer home
Altho the Allen boys were armed and /
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