The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-12-18
HALT THE La MYERS
MUST WAT FOR THE UNITED
STATES SUP EMB COURT.


Motions and Counter VI otions-Must be
suspension Until Washington speaks
its Mind-State House Grounds at To-
peISa are TO be Beautified at Once-Kan-
sas News.
Topeka, Kan, Dec. IAN opportu-
nifty was given Judge Hazen yesterday
20 evidence what policy viii be follow
I'd in his court in the settlement of liti-
cation arising out Of the recent mort
gage redemption decision of Judge Mar
in The judge in substance ruled
that decisions made by him and based
On Chief Justice Horizons decision will
be permitted 70 stand until the matter
Is finally settled in the supreme court
IF the United States and that in all
future cases he will be governed by the
more recent decision of Chief Justice
Martin.
Little doubt existed that the late rul
ing Of the supreme court would flood
the district court with motions for re-
versals Of former decisions as any
uuantity Of sales under mortgage are
practically annulled. Yesterday was
motion day in the court and about
dozen attorneys were in attendance de-
sirous of having sheriff's deeds issued
heretofore set aside and certificates
given in their place. The court was
not wholly unprepa red. though he had
not expected such haste, and he met
the problem without delay.
In rAsnonse to the first motion Of this
Fort Judge Hazen stated that argu-
ments were unnecessary as the court
had already determined upon the course
to be pursued. He should. he said over
rule all these motions which referred
to cases settled in the past. since at the
time the decisions were made he was
following the law as laid down by the
supreme court in the decision Of Chief
Justice Horton. He would refuse. he
said 70 take action until the matter
should he finally settled in the supreme
court of the United States because II
the verdict Of this highest court should
agree with that of Justice Horton il
would become necessary to again re-
verse everything. If the court sus-
tains Justice Martin he will make the
reversals
Although this rule will govern his
action in relation to old cases all new
ones which he shall in future be re-
uuired to act upon will be decided I'M
der the latest ruling of the state su-
preme court, as that is now law.
The decision Of Judge Hazen was
made after considerable elaboration
and the plan he has determined to fol-
low is. he thinks. the best one While
he has no option with regard to future
cases he believes he can do away with
a great deal Of litiga ton by leaving old
decisions intact until final settlement
IS reached.
STATE HOUSE GROUNDS.
The Improvement Of the state house
grounds viii begin as soon as possible
though not much viii be attempted un-
I'll spring. However, the executive
council yesterday accepted plans for the
work and all the preliminary arrange
ments have been made except the de-
cision Of the council as to how much
money viii be expended TO improve the
grounds.
The plans which were accepted yes
terday were prepared by w. w. Parce
Of Rochester. y. Y, who recently came
to this city and made an expert exam
ination of the grounds preparatory to
making plans for their Improvement.
The plans have nearly all been COM
pleted. although there yet remains a
small amount Of detail work which will
be finished by Mr.. Parce by Deem
Der 81. The plans were made by him
for $3.50 which was allowed by the
council in session yesterday.
From - TO 50 per cent OF the trees
now standing in the grounds will he
preserved. Only those which stand in
the way Of making direct lines for the
walks and drives viii be sacrificed.
There are a few trees on the outer edges
o. the grounds which are out of place
ard they VIII be replanted in order to
make symmetrical lines of trees around
the grounds.
In looking over the grounds while
here Mr.. Parce thought he had found a
place for an artificial lake in which to
put the usual number of fish and the
fountain. and over which was to be
built rustic bridge. However. in max
lig the plans he found that the lake
must necessarily he excluded. The /
council ala not seem much disappointed I
at the loss Of the lake, and they adopt f.
ID the plans by unanimous vote. All 4
members q the council are very enthu- (
'iastic at the prospect Of really begin I
ming work 10 improve the unsightly /
Of the Capitol
The carrying out OF the plans agreed /
lpon yesterday viii turn them into one
# the most beautiful spots in the CITY. /
lne thing which Interests all Kansas I
people is having plenty Of trees. The /
grounds Viii have many additions IN
hat line and every nook and corner
viii he supplied with shrubbery flowers
md plants.
The principal improvements will he
made in The large plat south Of the ]
tate house. although the four sides Of |
he grounds viii be turned from chaos
nto order and beauty.
There viii he direct drives 20 and
rorn1 the building from a point d.
ectly opposite the four entrances Pass
ng along the building the drives will
'artake Of slight curves and come TO
n abrupt point a. the junction with
he entrance drives Walks VIII be
laced on both sides Of the drives and
he walks will in the curves. contain
many settees and resting places. Lin
~ the walks VIII be rows Of trees and
hTuhbery. Ou=-he south side Of the
aiding six electric light stands VIII
illuminate the grounds The walks and
rives there viii be the most extensive
wing 70 the fact that the south Is
ractCsllv the main entrance. or front
Z the building.
The drives viii he made Of limestone
imilar 10 that used in the construction
( the building. They viii be fifteen
lches deep. y coping VIII line the |
rives.
The grounds VIII in all probability be
urrounded by an iron fence.
Men are NOW engaged IN digging a |
l0nel from the basement 10 a ro{nt
orth Of the building which VIII be used
! putting coal into the cellar and re-
loving ashes. The tunnel viii remove
le necessity Of having wagons driven
lose 70 the building and viii permit |
be- Improvement Of the grounds which /
- nom ,rr,g I :