The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-01

is unconstitutional and null and void,
Mr. Boyle will be ready for trial on the
application for permanent injunction
to prevent him from enforcing the law
The attack on the constitutionality of
the law is made perhaps in good faith
but it is also an effort on the part of
the stock yards company to delay
final disposition of the case.
The constitutionality of the law is
attacked on technicalities but the at
tOrneyS have notified Mr.. Boyle that IN
the federal court they will present and
file the documentary evidence in sup
port of their allegations that the law is
unconstitutional
The stock yards bill was introduced
in both branches of the legislature, TAX
ing No 81 in the house. 1t was read q
first and second time and then referred
to the live stock committee which re-
ported back a Substitute for house bill
No. 81. The allegation is made, that
in all the proceedings which followed
the substitute was treated as an orIg1-
nal bill and passed through the various
degrees of legislative enactment in
both houses as house bill No. 87'' and
not as the substitute.
This small difference is the basis for
an extended argument but there is yet
another stronger point upon which the
stock yards attorneys base their alleg
atoms.
The title of the bill as passed as
shown by the house and senate jour
nails was: An act to regulate stock
yards and providing penalties for the
violation thereof
AS the bill was published and became
a law the title reads: AN act defining
what shall constitute public stock
yards defining the duties of the person
or persons operating the same, regulat-
ing all charges thereof, and removing
restrictions in the trade of dead ami
mails and prescribing penalties for the
violation of this act"
The attorneys claim that this title
and the bill was never legally passed
upon by the legislature in accordance
= -ss-s-
that the enforcement or any attempt
to enforce the provision of the so-calIed
act of March 3, 1897 by the defendants
or either of them would be contrary to
and in conflict with the fourteenth
amendment to the constitution of the
United States and various provisions
of the constitution of the state of Kan
saS because the sc-called act is wholly
illegal, unconstitutional and void and
of no force and effect whatever as a
law or otherwise
The fourteenth amendment to the
constitution of the United States refer
red to in the foregoing follows:
All persons born or naturalized in
the United States and subject to the
jurisdiction thereof, are citizens of the
United States and the state within
which they reside. No state shall make
or enforce any law which shall abridge
the privileges or immunities of citizens
of the United States; nor shall any
state deprive any person of life, liberty
or property, without due process of
law or deny to any person within its
jurisdiction the equal protection of the
law
1t is under the provisions of the
amendment cited that John E. Hessin
believes the state school book law will
be declared unconstitutional.
The principal issue which will be
made is that the stock yards bill con-
templates q practical confiscation of
property without proper remuneration
This is just what the stock shippers
of Kansas have complained Of-the
stock yards company has confiscated
their property when they brought it
there without proper remuneration.