The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-04
THE S., 900 Is SPARED.

y Judge Hazen's Injunction Checking the
Raid of the Health Hoard.
The lawyers Of Topeka give Judge
Hazen credit for one of the best decisions
ever rendered IN a Topeka court, in the
one which he handed down late yester-
day afternoon granting the Injunction
which prevents Dr. Dykes from grab
| bing the 49, 900 left in the appropriation
to repel the threatened invasion Of
cholera in Kansas.
The decision removes the last hope DR..
Dykes had Of getting $4,000 for his
heroic services in rescuing Kansas from
! the malignant epidemic, and his only
reward Will be in the hearts of the thous-
ands Of Kansans whom he saved from
Judge Hazen's decision was quite
lengthy, amounting to fifteen type writ
ten sheets, and covered every phase of
the controversy. 1t was a scholarly de
cision
Lawyer J. G. Waters whose victory it
was, said: '.That was the best decision l
ever heard in a Topeka court" The YER
dict was a victory not only for Mr.. Waters
but State Treasurer Biddle, Dr.. II. ".
Roby, Governor Lewelling and good
government
The decision was delayed from 8
o'clock in the morning until after 4
clock by the failure of F. B. Dawes
and Frank DOster, who were DR. Dykes
counsel. to arrive. When the case was
decided they offered a formal demurrer
to the petition and the evidence and
asked that the permanent injunction be
tried at this term Of court This will
probably not be done, however. Messrs.
Dawes and Doster threaten to appeal
the case to the supreme court, but Dir.
Waters considers that a bluff
Judge Hazen's decision reviewed all
the evidence in the case carefully, and
continued:
1t is elementary that where the state
has made an appropriation for a specific
purpose, it can be used only for the pur
pose for which it was made; and where
the legislature has made an aDpropria-
ton to be used upon the existence of a
certain condition, then and in that case
the condition must exist before the
money can be used This case then
turns upon the question as to whether
the condition specified by the legislature
existed, namely, was the state threatened
with a cholera INVASION
I'm the determination of this question
it is necessary to ascertain what the leg
islature meant by threatened invasion
The board appears to think il meant
the possibility Of cholera being brought
to Kansas from foreign countries, but in
this do not agree 1t was certainly not
the purpose or the intention Of the legis-
lature that this fund should be used IN
less the state of Kansas was in fact
threatened with invasion; and it is equal
II certain that the idea Of the legislature
was that as long as cholera was kept out
of the United States, Kansas could not
well be threatened by an invasion By
threatened invasion the legislature
meant imminent or Immediate danger
1T has been proven that there are
many foreign countries which are never
entirely free from cholera, but that the
disease prevails there to some extent at
all times, and has for many years, the
only difference being in the mum Der and
fatality Of the cases It Is fully con
ceded that the quarantine regulations Of
the United States are as nearly perfect