Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-04-01
STOCK YARDS COMPANY WILL At
TACK THE NEW LAW.
TITLE HELD TO BE DEFECTIVE
NEVER PROPERLY AGREED TO BY
THE HOUSE OR SENATE.
Attorney General Boyle and Ex-Chief
Justice David Martin Say There
Is No Foundation for the
Allegation and Are
Not Worried.

Topeka, Kas, March S1.-(Specialo The
Kansas City Stock Yards Company Will
attack the validity of the new stock yards
law. Its attorneys claim the law was
never legally passed, and, for that reason,
is of no effect. Charles L. Cottins, one
of the stockholders in the company, VINO
filed suit in the federal court to enJoin the
attorney general from enforcing the
Jaauins stock yards law, served notice on
the attorney general through his attor-
news. to-day that when the case came up
for hearing Friday leave would be asked
to amend the petition. The proposed amend
ment accompanied the notice.
In il the history of the stock yards bill
from the time it was introduced to the
time of its final passage is purported 10
be given. The alleged defect is in the tisle.
The attorneys for the complainant claim
that the title as published. was never
rassed upon or adopted by the legislature.
The original bill, according to the amend
ed complaint, was introduced on January
Is in the house and read the first time, and
on January II was read the second tlme
and referred to the live stock committee.
On February 5, the committee reported a
substitute known as house bill No. 81, en-
titled, IAN act to regulate stock yards and
providing punishment for the violation
thereof" The substitute bill, it Is alleged,
was treated in the house as new matter,
and was read the first and second time
and referred to the committee of the whoie
with the title as given above. 1t Is 1ur-
ther set forth that after the bill passed
the house it was sent over TO the senate
with this same title, and in due time was
called up for passage in that BODY, an
emergency was declared and the Dill was
read u second and third time. and after
ssyx-hi oh imnrDp-
erly, Illegally and unconstitutionally made
and adopted thereto" the committee substi-
tute for house bill No. ST. passed the sem
ate with the title, AN act to regulate
stock yards and providing punishment for
a violation thereof
It is contended that neither the house
of representatives nor the senate ever
adopted or agreed to the following title:
IAN act defining what shall constitute pub
lie stock yards, defining the duties of the
person or persons operating the same, and
regulating all charges thereof and remov-
ing restrictions in the trade of dead ami
mails. and prescribing penalties for the Vio-
lations of this act which now appears in
the official publication of the act; that the
said committee substitute for house bill
No. ST. never passed the legislature of
Kansas with the title as published, or any
similar title; that said title is wholly un-
authorized and without any force or effect
because the same was inserted or substi-
tuted improperly, Illegally and unconsti-
tutionally, without the consent of either
the house or senate: that the bill with the
title, An act to regulate stock yards and
providing punishment for violation there
off, has never been properly or legally en-
rolled or approved or published with its
proper title: that the said so-called act
now published was never passed, adopted
or enacted by the legislature according to
the provisions of the constitution; that
the enforcement of, or any attempt
to enforce, the provisions of the So
called act would be contrary to and in con-
fict with the fourteenth amendment to the
constitution of the United States and va
rious provisions of the constitution of the
state of Kansas. because the so-called act
is wholly illegal, unconstitutional and
void and of no force and effect whatever
as law or otherwise
The amendment was sworn to by c. ].
Hubbard, of Kansas City. Mo-, who asserts
that he is the representative of Mr.. Cot
ting.
Attorney General Boyle and ex-Chief JUS
tice Martin, who have charge of the case
for the state, made an examination of the
house and senate journals this afternoon,
dlltT Tie HUtlCe Hdu DetH SefNeu Oil tUeHl,
and they say that Mr.. Hubbard is mistaken
as TO the history of the bill which he swore
to.
"It is simply a mares nest" said At
torney General Boyle to The Journal cor
respondent. I'VE are inclined to think
that it is scheme sprung at the last mo-
ment to try and force us to ask for a con-
tinuance of the case. We will not be so
accommodating. We will proceed with the
case when it comes up Friday, and by that
time will have abundant proof that the
title to the act published was adopted
by both branches of the legislature. The
stock yards people under no circumstances
can force us TO spar for time. The case
will be tried at once"
1t has developed that the case hinges
on n question of fact more than on a ques-
tion of law. The allegation in the COM
plaint is that the new law impairs the
value of the stock yards company's plant
and virtually means the confiscation of the
property. The state will endeavor to show
that il does not prevent a fair return on
the amount invested. and in order to prove
this the company may be asked to produce
its books in court, to be closely scrutinized
by an expert accountant.