The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-27
AT THE STATE HOUSE.
How Representative FairchiId
Thinks the StOckyardS Co.
Will Seek to Nullify he New
Kansas Law.
Will Drag it Through the Courts IN
til sAnother" Legislature Will Alb
rogate the Law-State House
Items.

Representative c. w. Fairchild of King
man county, believes that the Kansas
City Stock Yards company seeks by the
proceedings which have already been in
stituted in the federal court to delay mat
tiers to such an extent by appealing from
one court to another, the hope that some
future Legislature will repeal the law
which was passed at this session.
Mr.. Fairchild'S opinion developed today
as the result of a conversation with At
torney General Boyle. Both agreed that
the provision of the law placing the pow
er of its enforcement with the attorney
general would not prohibit or prevent a
county attorney from stepping IN ana
prosecuting the company for violations or
the law.
Mr.. Fairchild replied: 1.-THE county at
torney has vested rights to prosecute Vio-
lations of the law, has he not?' Mr..
Boyle replied in the affirmative and MI
s.Then, unless the legislature placed an
Inhibition against the county attorney IN
this instance, there is nothing that would
tions of this new stock yards law.
Il think that is also true" replied Mr..
s'Wen. as a matter of fact you agree
with me that the attorney general is not
forcing this law?' replied Fairchild.
Yes, I think you, are correct" replied
Continuing Mr.. Fairchild said: 'Under
our general law a county attorney has
state where violations occur in his coun-
ty unless it is especially provided that
his power be limited or absolutely taken
away from him If this is true and we all
agree that it is, the county attorney
could prosecute the violaters of the stock
yards law.
SHOULD a county attorney begin pro-
ceedings and arrest any member of the
stock yards company the proceedings in
the federal court would not affect the
right of the county attorney to bring such
Mr. Boyle also admitted the logic and
truthfulness of this proposition;
Mr.. Fairchild believes that the county
attorney of Wyandotte county could be-
with the proceedings which have been
brought by the stock yards company. He
said:
that injunction will lie, on the part of the
federal court to restrain a ministerial
officer of the state from the enforcement
of this law. 1t might be further suggest
ed that the federal court could go far
as to restrain the judge or the justice of
try a case for violation of the law, filed
upon the complaint of some citizen who,
without the knowledge of the attorney
general or county attorney might pro-
coed.
Il wonder then" said Mr. Fairchild. 'ff
the judge would appoint an attorney
where the attorney general or county at
torney refused to act. L think it will be
conceded that it can be done in other
The advantages to be secured by de-
lay in the enforcement of the law would,
from a financial standpoint be import
ant to the stock yards company. Mr..
Fairchild says:
I'm my opinion the county attorney of
WyandOtte county, under the law. is en-
of the stock yards company for violations
of the law and thus get the matter into
bring habeaS corpus proceedings and the
whole subject law and ALL would be de-
termined at once. But, perhaps the COM
pany does not want to test the law too
quick.