The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-08-04
COURTS HANDLE IT.


OLD Bearas Attsrns4 Urges Jnegs uspa
ven 70 wazn up ne coalumaesoas
zie@sess a. ths cry ceuncn fer ns-
ra-ssnx ms Anti-connrursl,sa lnfana-
tian. xot tnns EIo = Vindlrsiss.su. weed
visaieaae ths nonor and nlxni,g e
courm n asnarna--rnss gosa og,e xIp
Tusaasy-Ppoposals . sAks Upa Casa
omaha, Arg. 8-TAe a. r. a. cou-
hine attenptinS 70 controi sAs poilce
and IRE department win net Be abs %
make any move before next Iilesdk1,
The district court heard arEuaentz to-
day on the in5unction restraints ne
new commission from acting and iadi-
Gated that q aeclsion would Be reader-
ed Tuesday. The ccurt further tnft-
mated that Il Is mandates were again
ignored BY the city council or otnars
they would Be jailed. Ia the mean EifDa
the old board runs the city.
After convening court Judge Aope-
well q the district court said that On
Friday, before him at Tekauah. fo-
tition, verified IS provided by law, had
been presented 90 aim. TIE petition AK
Ing that an injuuction issue aRalnst ihc
city council. restraining Is from approF-
Ing the bends 81 Broaech. Fand2reoort
and Foster. who claimed % hoId ap-
pointsaents as members Of Tn are and
police commission. He had examined
the petition and found th.A L waa duly
drawn IS provided ~ tae statutes he
could DO nothing. had be desired ether
than % iss1e his oreer
In order that GA the parties m5ehe
have notice and be given a chance g
show why such an injuuctiou shoal4
not issue. he had set the hearing "a
Omaha AZ 10 O'clock this merntng. He
therefore wrote q telegram nelifyinE
the president and members 81 ire city
council ct ne temporary restraining Or
der. He then took the egeninE train cor
Omaha % be pre1ent AZ the bearing To-
day.
FOUND TIE ORDER IGNORED
When he reached Omaha he Waa sur
prlsed 70 nnd that the restraining or
der 81 TIE court had aeen ignored ana
the express orders of ne court bad
been deiled. He had hoped that thl4
morning be could have taken az TIA
legal aspect of The case presented ~
the injunction.
..But the question now presents 81
sell. /" said Judge Hopowel. HaheE tso
community allow thts defiance of the
law 10 pass without comment Or r.
buke2
'srhs complications now arising.
concluded the Judge, "are legal ones q
4 peculiar nature.
He expressed regret that this compii-
cation had arisen. but a. judge = was
/ his duty 70 see that the court was hon
ored and obeyed. The situation was
such that he could not sgnor u and
must see what his duty a. court vas.
/ The Judge was very much disappolnt-
/ ca, he said. to dad this complication BE-
cause he had hoped. being from any
concern IN the matter because he lived
Ia another county and had not had that
interest which might have dominated
some.
Judge Doans q the Old c0mnlnsion's
counsel stated that the question % ne
| integrity o. the court was az STAKE.
Your honor can take what course ~
| wishes IN regard 70 The injunction. BE-
i cause we can ~ all TIC questions g
/ wish In the other injunction procee4.
4 fngs.s added poape. ',bEt We Do n4ssl
/ that the dignity and integrity % thiz
court should % maintained. The &C
Il ton Of the city council was u Geilance
| OF the law and was nothing but an
u archy and an attempt on their part q
carry their point "a spite q law and g.
der
FOR THE HONOR or coURTa
Richard Hail Tor tn new board y.
SISTED thai because Judge Dcano stated
| that the law points could nov b fal1eo
IN tbs second injunction tnae thefpEafs
the tiraf suit must be fraud On fhe
court. To this Doaso responded th2.
this was merely an attempts - ul1i1aa
the court. He appreciated fhe elnbaE-
| raserneul e the court and hoped tfa
the dlseate would properly D brossShl
70 issue y the courts ana - get q
Il peaceable determination * the coniE9-
/ very. Neither be nor his clients had
any intention 70 make 81 uupleaa4ui
for the other side. but q was tne duty
Of the Judge % protect the hoaor @ tns
courts q the people. Doane SAID tlai
he had no desire By any method g
carry this case beyond 2 point ~ai1H
would be pleasant 90 both sides.
EFT Il evident be sad, shat q ne
processes az the court are ignored tha
city wiil be plunged iato nn4rehy. n
the spirit Of Fairness Woui9 cizer tnal
the affair Be passed Until ne beEinnsnH
OF ghs week and that both ei4ea gss -
Il gesher ard agree On q case taat WI
| present 70 ne supreme court fh4 si1Fe-
| lions at issue FOR "a 8micable adf9s1'
menG" on MS TIE Csc went egsr.
Seyenfy-fvs more special pe.iceztefl
reported Tor duty unzlez ne alreci
/ of zfezor Bennts and ne tsgo -hpi4
over commissioners this mornirE es
roll cali. They were duty egorn in an<l
armed win 4 star end "a eiElzle1fl.tn1l
club, after which they were INSTRUCTED
% guard ne city jail The beWly ap-
poiatsd men wsra dlFfdea r. 9Ho Ser'
tons, ons q which wNS po1t31 4o9H
ne front eutrsnca and tfn ctheF w4t1't-
81 the entrancs - the re9F 3aa eoor-