The Topeka state journal., 1897-10-09
FOSTER DECIDES.
Judge Foster FavOrs Shippers
in StOckyardS Decision.
Geo. w. Clark to be Paid $3,,
900 For His Work
AS MASTER IN CASE.
j udge Foster Doesn't Want to
Sit With Thayer.
Sees No Use in Going All Over
Matter Again.

In the United States court today
Judge Foster practically gave out an
opinion that the Kansas shippers who
have been taking stock to Kansas since
the date set for the law regulating the
stock yards to take effect, could recOv-
er from the stock yards company the
difference between the rates charged
then and the rates fixed in the new law
The stock yards company has for
months been violating the state law"
said Judge Foster, unless OF course
the higher courts hold to the contrary,
and the injured persons are the ship
pers who have been taking stock to
the Kansas City market. There should
De some arrangement made for indem-
nifying them. Before this there should
have been plan of issuing OVercharge
checks to shippers showing the amount
they paid and the amount they would
have paid had the new law been in act
i've effect, the difference to be refund
ed if the higher courts sustained the
Kansas law"
Then turning to Judge A. H. Horton
and D. r. Hite, the attorneys for the
stock yards company, he asked:
Gould not such an arrangement, that
of issuing checks, be put into effect?"
In reply the two attorneys assured
the court that the handling of every
shipment of stock at the Kansas City
stock yards is so recorded that the
shipper of every load of stock can be
determined at a glance, together with
all details of the handling of the ship
ment and its disposal Judge Horton
also said that the stock yards company
would hold itself liable for all over
charges, and in view of this latter as
surance, Judge Foster said that he
would issue no order on this point or
increase the cOmpany's bond. The COM
pany is under bond to the amount of
SIS, 900.
The stipulation made by the attor-
neys for the stock yards company and
10
this week was formally agreed to by
Judge Foster today. The final hearing
of the case in the United States circuit
court Will come up in this city on Octo-
ber IS
In speaking of this hearing Judge
Foster showed that he was somewhat
nettled that he should be expected to
sit with Judge Thayer and hear the
same evidence as he had passed upon
finally in his decision last Monday. He
said
In as much as this case is to be sub
mitted on the same testimony as be
fore, do not see that there can be any
reason for my sitting in the case. I
have had my say, and think I shall
turn the matter over to Judge Thayer.
Your statement of the facts VIII be the
same as before, and do not expect to
change my views"
But this viii be the final hearing of
this case in this court, said Judge HOr-
ton.
''That makes no difference" replied
Judge Foster. I remember when [
was getting into deep water in the
Santa F'e receiVerShip case. counsel
sent for Judge Thayer to pull me out,
and he did it very nicely
4 hope the result will not be the
same" remarked Attorney Hite, smil-
irg. His meaning was that Judge Fos-
ter remark meant to call attention to
the fact that Judge Thayer sustained
him in every point.
I held my ground in that case and
did not change my views" said Judge
Foster in conclusion, and it will be
the same in this CASE
The matter of compensation to be al
lowed Special Master George w. Clark
and StenOgrapher c. H Nettles was
taken up by Judge Foster, and Mr.
Clark asked to state what he consider
ed his services worth. At first he ex-
planned that he did not want to set a
figure and would feel satisfied with
whatever amount the court saw fit to
allow, but finally said that Attorney
General Boyle had suggested that he
ask for $1,000.
Attorney Hite was on his feet in a
minute after Mr.. Clark mentioned this
amount and declared it to be un-
reasOnab BILE for the amount of work
done. He said he thought $500 a month
was sufficient.
This is rather a hard question" said
Judge Foster. Not long ago in the
Santa Fe foreclosure case a man was
given S25 OOO for a few hours work. I
considered that an outrage. l don't be-
lieve that the United States courts
should be liberal to WaStefulneSS, and
propose to see that this court is not
Judge Clark worked hard and his SER
vices were valuable but I believe $4,000 !
with expenses in addition would be a
TeaSOna BILE amount"
Stenoerapher Q. H. Nettles present |
ed a bill of 81 .26O for work and S130 for
expenses His work he figured on the |
basis of 20 cents a folio for transcript.
Judge Foster said he thought 10 cents |
Der folio reasonable. and or cents |
per folio for extra work. This will re-
duce the bill about 5000.