Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-10-30
THEY CANNOT AGREE
ATTORNEYS IN STOCK YARDS CASE
AT OUTS OVER DECREE.
JUDGE THAYER TO SETTLE 1T.
AN APPEAL TO BE MADE To HIM At
ST. LOUIS MONDAY.
Attorneys for the State Want to Tie
the Company Up Tight With
Bonds md Regulations
and the Company
Rebels.
JUDGE THAYER TO SETTLE 1T.

Topeka. Kas.. Oct 2-(speciaI1 THO
opposing attorneys in the Kansas city
stock yards case cannot agree on a decree
to be taken in the case in accordance with
Judge Thayer's decision, and they will ap-
lear before Judge Thayer at ST. Louis next
Monday morning for the purpose Of getting
him TO adjust the differences. judge Hor-
ton. for the compiainants. drew up a decree
strictly in line with Judge Thayers optn-
ion. Judge Martin, for the state. drew up
ore which was more sweeping than the
decision would justify. The main point OF
contention is over the provision ia regard
to the bond and the manner of keeping tab
en- the overcharge for yardage and feed
v file the case is pending in court. The
states attorneys wanted it arranged so
that the company would be compelled TO
make out duplicate slips showing yardage
and feed charges and furnish each shipper
with one. They also want the company TO
be compelled to file each day, or week. or
month, in court, a certified list of the slips
os all charges. Besides this. they want 1t
50 arranged that the bond can be increased
at any time upon application; also that the
cIu bond of S15el1. in addition 10 the SaO,e9
bond required by Judge Thayer. be kept in
fCrce. In support of this il was stated that
the overcharges. providing the new law
was finally upheld in the supreme court,
would aggregate about sl,0o0 day, and
away at that rate.
The attorneys for the stockholders
claimed that the decree should he in strict
accordance with Judge Thayer's opinion.
and that If the attorneys for the state
would not agree to that then they would
serve notice that they would appear be-
fore Judge Thayer tomorrow morning in
St. Louis and ask him to prepare the de-
cree. The attorney general said he would
| not be able to go tomorrow morning
Judge Foster said that he would be glad
| if the attorneys would go before Judge
| Thayer: but If they did not ne would
| be inclined TO enter decree as drawn up
| by Judge Horton, as it seemed to protect
all parties and was fair. Judge Foster then
| left the courtroom. and said that II they
| had anything else to bring before him in
| regard to the matter they could do so to-
morrow morning.
After his departure, the attorneys got
| together again and tried 10 effect a COM
| promise. but failed. Then q stipulation
was entered into whereby they are to ap-
| pear before Judge Thayer Monday and ar
range the decree.
1t developed at the hearing to-day that
! the attorneys for each side had entered
| into u written agreement to join in 4 mo-
| tion to have the case advanced on the
docket in the supreme court. The agree
| ment was entered into at ST. Paul recently
when they appeared before Judge San
| born The stockholders have ten days in
| which to perfect an appeal and soon after
that Clerk Sharritt. of the federal court
will send Il transcript of the case to the
supreme court clerk. The attorney gen.
| erai will then go before the supreme court
and ask to have the case advanced. Both
! sides seem anxious to get an early de-
| eision and the hope is expressed that the
case will be heard by January or Febru-
| ary. .--.a