The Advocate and news., 1898-10-12

WAC NSSAAC VI JuubS rObL6T 10 Alu anu
protect Boyle and the people of Kansas.
Mr. Austin would have the people be-
lieVe that Judge Foster was at all times
specially anxious to aid Boyle and pro-
tect the people. Austin informs us as
follows:
These actions were brought by the COM
plainants as stockholders of the Kansas
CITY, stock yards company, because their
dividends would be diminished thereby, to
restrain the stock yards company, certain
persons named as officers of said Company
| and Hon. Louis 9. Boyle as Attorney Gem
era, from, putting into force the stock
yards law"
Now it appears from Austin's state
ments above, that the restraining orders
asked for were granted in March, 1897:
that on October T. 1897, Judge Foster
ordered that such restraining orders re-
main In force until October 8, 1897; that
OF October % Judge Thayer continued
said restraining orders in force for ten
days longer, and that If in the mean
time an appeal should be taken to the
Supreme court, the restraining orders
should remain in force until the appeal
should be determined, and that the stock
yards company give bond to refund over
charges II the decree dismissing the bill
should be affirmed.
Thus it will be seen, Notwithstanding
Austin's alibi, that while the ATTORNEY
General was restrained from enforcing
the stock yards law, the interests of
shippers OF stock were protected by the
orders Of Judges Foster and Thayer
and that II Judge Foster was anxious to
help Boyle and protect the people, the
Judge did not manifest any prejudice in
Boyle's favor by restraining the Attor-
ney General from enforcing the law.
And it appears from the affidavit of
Judge Horton furnished by Austin, that
the Attorney General was, on June q,
1897, restrained by the federal court at
Topeka from enforcing the stock yards
law, and Judge Horton testities to the
good faith Of the Attorney General in
observing his agreements with opposing
counsel and the orders of the federal
court, as follows:
And this affiant further says, that the
status quo of said cases has been up to
this time continued in good faith by all
the parties hereto, including the Hon. l..
G. Boyle, Attorney General, and that since
the order Of this court of June 81 1897
restraining and enjoining L. c. Boyle as
Attorney General of the State of Kansas
from enforcing the provisions of said act
referred to against the Kansas City stock
yards company, it's officers and agents
upon the condition that the complainants
should execute and file a bond within IL
days thereafter with one or more sufficient
suretles in the penal sum of $4,000 for the
benefit Of the said defendants, including the
said l.. G. Boyle Attorney General the said
L. G. Boyle, Attorney General has not in
forced or attempted to inforce any of the
provisions of said act up to this time.
ALBERT II. HORTON"
The federal court ties the hands of the
Attorney General so he cannot enforce
the State law, and then Austin issues
his manifesto charging that the Attorney
General has failed to enforce the law!
If Austin, instead Of Boyle, had been
Attorney General, the federal court
wouldn't have been in it for a minute
Austin again says:
"rhe Populst party cannot claim that
this law is q partisan one purely Every
member of the House Of Representatives
voted for 1t with one exception. A number
of the Republicans Of the Senate voted for
the law and number of the Populists Of
the Senate voted against the law"
And then Austin says that the Popu-
list party by it's platform of 1898 admits
that this law is failure The Populist
party did not admit that the law was
failure, and even if it had, it might be
presumed that Austin would admit that
the Republicans who voted for the law
should shove some Of the responsibility
for its failure, or shove the responsibility
off onto the federal courts, instead Of
putting all on the Attorney General for
the purpose of making political capital
out of it.
The next thing in order will be to
make Austin Attorney General, or God
ards assistant if GODDARD gets in, and
then stand from under!
Girard, Kas. LINUS S. WEBB.