Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1897-10-13
STOCK YARDS CASE
Judge Foster Suggests Rebate Checks
to Protect Shippers.
ALL TRANSACTIONS BOOKED.
Judge Foster wante Judge Thayer to Have
the Next Innings on the Case-Wnl
Not Go to the Court of
Appeals.

TOPEKA, Kan, Oct. l0.--United States
District Judge Foster has made no
order in the Kansas Cisy stock yards
case but allowed the stipulation made
at St. Paul to stand until Judge
Thayer could come here October 1S
The question whether stB bond of S75,.
900, given by the stoe holders of the
company, who are fighdng the Kansas
law, should be increased, was raised
and Judge Foster said: 81 don't know
that it is necessary to. increase the
bond at this time, but. there is one
matter that ought to have been at
tended to long ago Some plan
ought to be agreed upon for
giving each shipper an overcharge
check, so long as you continue
to charge shippers more than the law
allows. You have been violating the
state law for months url less, of course,
the higher courts decide that the
law is imperative. The injured per-
sons are the thousands of shippers who
bring stock to Kansas City to sell We
must make some arrangement for in
Identifying them Could you not have
check showing how much each has
paid, and how much he ought to paw
under the Kansas law, the difference
to be refunded to him if the higher
courts sustain the Kansas law?"
Judge Horton and d. r. Hite, attor-
neys for the stockholders of the Stock
Yards company, each assured the court
that every shipment was so recorded
in the books that one could tell at a
glance who shipped each load of stock,
how many animals there were and who
sold them. along with many other in
teresting facts concerning the several
transactions. Mr.. Hite explained the
system specifically and George w.
Clark, the special master, who was
present, was called upon to tell what
the testimony showed. Judge Horton
assured the court that in the future
any order he might make would be
cheerfully obeyed and any bond he
might require would be given.
| Judge Foster still insisted that the
company ought to give each shipper a
ticket showing the extent of the over
charge, but on the further assurance
OF Judge Horton that the company
would hold itself in readiness to pay
any overcharge, the court made nc
order. The difference between an
overcharge check and keeping the
books SO they will show overcharge
does not seem to be important, but the
farmer who has check showing that
the company owes him money is more
likely to present claim than a man
who has no such evidence of debt
though he may know that the com
pany's books make showing in hi.
favor.
In the matter of hearing before
Judge Thayer and Judge Foster, sci
for October Is, Judge Foster said: In
asmuch as the case is to be submitted
on the same testimony as before, l dc
not see that there would be any use o.
my sitting in the case l have had my
innings and think l shall just turr
the matter over to Judge Thayer
You state that the facts will be the
same. and on the same facts l do mo-
expect to change my views"
Judge Horton stated that the cas-.
would not go to the court of appeals
He said he was mistaken Monday wher
he said it would. His clients would
abandon the contention over the title
whether the bill was regularly passed
by the Kansas Legislature and tha
would leave only constitutional ques
tions to be disposed Of