The Advocate and news., 1898-10-12

got IL hQVauCeu OH the uOCk6J SO LndJ IL
will get hearing the coming winter.
Austln's Allbl In the Stock Yards Cases
Edwin A. Austin has clearly proved
that he was not present at the time and
place when and where the sovereign
State of Kansas yielded to the blandish-
ments of the Kansas City Stock Yards
Company. Austin not having been on
the inside of the case, proceeded to get
in on the outside, for the purpose Of try
ing the case before the people Of the
State, in the interest Of the Republican
party. Austin himself being a lawyer,
and once having been Assistant Attor-
ney General, he seems anxious to show
to the people that a POpulist Attorney
General doesn't know thing about law,
or, knowing 1t, doesn't care a continental
about enforcing it.
Who knows that Austin was not en-
ployed by the stock yards company, or
by the Republican State Central commit
tee, to issue his bull against Attorney
General Boyle? II Austin was not en-
ployed, of course he volunteered his SER
vices, either for the stock yards company
or for the Republican party. II Austin
was employed by the stock yards COM
pany, it is clear that the company does
not appreciate the assumed fact that the
Attorney General stipulated away the
rights Of the State in favor Of the COM
pany, as Austin would have the dear peo-
pie believe; and If Austin was employed
by the Republican State Central COM
mittee to illuminate his bull against
Boyle, then it is clear that Austin's bull
is ordinary campaign rot A few eX-
tracts from Austin's campaign plea for
his party will show that the said plea Is
based upon garbled portions Of the rec
ord in the stock yards cases, and that
such garbled portions have been delib-
erately misconstrued for the evident pur-
pose Of deceiving the voters of Kansas
in the interest Of the Republican party,
Mr.. Austin says:
Evidently the attorneys for the stock
yards company realized that the suit was
manifestly colusive."
And again:
with these facts patent to every one, we
find the Attorney General, after he had
achieved the preliminary victories, and es-
capped by Judge Fosters decision from the
temporary restraining orders and injunc-
tions, actually Stipulating that there was
no cOllusion between the complainant in the
above entitled suits and the defendant the
Kansas City stock yards company or any
OF its officers, directors, attorneys, solicitors
or COUNSEL
The stipulation above mentioned is
published in Austin's appeal to the pub
lie, and that stipulation is signed by the
attorneys for the stock yards company
and by the attorneys for the stOckhOld-
ers of the company who brought the
suits against the Attorney General to
restrain him from enforcing the stock
yards law If the stipulation was false,
the attorneys for the stock yards COM
pany and the stockholders indOrsed and
approved the stipulation by their sigma
lures. But it does not appear from Aus
tins political appeal that Judge Foster
assumed that there was any collusion
in the case; otherwise the Judge might
have followed the precedent OF the fed
eral Supreme court (cited by Austin):
"But the Supreme court of the United
States has sharply censured the practice OF
stockholders bringing actions really Tor the
benefit of the corporation"
Mr. Austin further says:
Restraining orders were granted re-
straining the defendants named in the ac-
tions from carrying out the provisions OF
the law above referred to, until an applica-
ton was made In the consolidated actions"
ION that day [October 4, 1891 two orders
were entered by Judge Foster, both reciting
his decision.
"The first order continued in the following
language: The further consideration of
the case is continued until Saturday, Octo-
Der g. 1897, at ten o'clock q. m. In the
meantime 1t is ordered and adjudged and
decreed that the restraining orders here
tofore issued shall continue in full force
and effect to said time
"The second order makes Judge Fosters
desire to aid Boyle more clear. 1t reads,
after rec!ting his decision: That the appli-
cation made by each complainant for tenn
porary INDUCTION be overruled and the tenn
porary restraining orders heretofore made
and each of them are hereby continued to
October 8, after which dates said orders
q re revoked Cancelled and held for naught.'