The McCook tribune., 1897-10-15
THE STOCK YARDS LAW.
Judge Munger In the Federal Court
Grants 70 Temporary Injunction.

Judge munger In the federat court
Grants 10 Temporary Injunction.
In the federal court ut Lincoln Judge
Munger granted the temporary injunc-
tion IN the case of the South Omaha
stock yards company against the state
of Nebraska.
The stock yards company applied
for an injunction to prevent the state
officers from putting into force the
law enacted by the last Legislature,
regulating and fixing charges for
handling live stock at the yards.
The order in the case, after citing
the title, Greenleaf w. Simpson against
the Union stock yards company at
South Omaha Qimited), directs that the
temporary order be issued TO be in
force until the hearing of the cause,
upon the filing of a bond by the plain
tiff, the stock yards company in realty,
but the stakeholder Simpson in form,
in the sum of $3.50 The order also
provides that proof be taken as in
dicated in the memorandum filed by
the Judge and in which the ruling OF
the court is given.
This memorandum is in this Ian
guage:
First-The bill charges, and is sup
ported by affidavit, that the company
does business with the railroads and
not with the public generally. Ii this
is established by the proofs my present
opinion is that the stock yards COM
pany is a private concern, and for that
reason is not subject to regulation by
the state. This may be illustrated by
the case of an inn-keeper whose
l.. H. hs To- cI..-
ture. But if the inn-keeper does not
hold himself out as furnishing enter
tainment to the public, but does so
only for particular class, he is not
public inn-keeper with whose business
the state can interfere. The case of an
inn-l6eeper is one of those mentioned
in Munn's case, for which reason L
mention it. / am not bound to follow
that case, but the distinction is
obvious.
Second-The bill shows that there
are several classes of business done at
these yards. First: There is stock
shipped from points in the state to the
yards. This class of business is sub
ject to state regulation. Second: There
is stock shipped from outside the state
to the yards, and third: There is stock
shipped from points either in or outside
the state to Chicago and other eastern
points, and which lies over in the
yards for rest and feed. These last
two classes of business, if interstate,
cannot be interfered with by the state.
Third-The bill charges that the
statutory rate does not yield compen-
sation for the services rendered by the
company. If this Is shown in the
proofs the act is invalid.
Fourth-Our constitution provides
that property shall not be damaged as
well Us shall not be taken for public
use without compensation. If a street
in front of lot is graded and the con-
sequence is that the rental of the prop
erty is decreased, it is Il case for com
pensation. / am unable to see any
difference between that case and where
the legislature by it's direct act redu-
ces the earning capacity of the prop
erty.
Before rendering final decree [
wish proofs to be taken on these points.
l wish to know whether the company
holds itself out to the public as a pub
lie market, what part of its business
originates in this state destined to the
wards. and what part originates i'll or
is destined out of the state, and what
is the value of the physical property,
and what is the value of the stock to
the company.
An injunction will issue according
to the prayer OF the bill, to remain in
force until the hearing, upon the plain
tiff giving a bond with sureties to be
approved by the clerk, in the penal
sum of $o5, 900.