The Advocate and news., 1898-10-12

1
I think on October a the Attorney Gen
eral was served with notice by the nu-
merous lawyers OF the opposite party
that they would apply to Judge Sanborn
at st. Paul, on October 9th or 7th Il am
not sure which day., for rehearing of
the case and for restraining order or
temporary injunction until such rehear-
ing. The Attorney General went in
haste to st. Paul to resist the applica-
| tion, where he met the distinguished
counsel on the opposite side in force.
| The stipulation Of October was the re-
suit Of that meeting II was very largely
advantageous to the State in an early
hearing on the merits. The case could
not have been brought on for hearing
by either party on the merits except by
consent until June term, 1898; but the
stipulation provided for such hearing on
October 1S, 1897, before Judges Foster
and Thayer, on the evidence and the
masters report already on file. / was a
little vexed at the Attorney General for
agreeing upon such short time-eleven
days, for we had the voluminous an
sWers to frame and our briefs and ar
guments to prepare, and we had to work
all day and much by night to get ready.
| understand the Attorney General
agreed orally at ST.. Paul that he would
institute no proceedings against the
stock yards people prior to the hearing
that there should be truce of eleven
days. The validity Of the stock yards
law was being tested by q suit in equity
which had proceeded with unusual dill
igenCe. All that the Attorney General
could have done further was to prose-
cute criminally In the District court Of
Wyandotte county, and no result could
have been reached in the eleven days;
besides, the Attorney General was too
busy to waste his time in such fruitless
proceedings, which would probably have
been enjoined by the court where the
validity Of the law was already under
consideration. The hearing was promptly
commenced as agreed, and Judge Thayer
fully concurred with Judge Foster, his
opinion prepared at st. Louis being sent
to Topeka, and filed October %. This
opinion provided for stay Of proceed
ings under the stock yards law until the
decision Of the Supreme court Of the
United States, under certain restrictions
and upon the giving Of bond for the
protection Of the interests of the ship
pers of live stock angainst excessive
charges. General Boyle gave notice at
once of an application to Judge Thayer
at st. Louis for the striking out Of this
provision as to q stay, and he went to
st. Louis for that purpose, but Judge
Thayer adhered to his views and under
his orders the decree was entered for
such stay upon the conditions prescribed
in his opinion. This stay was the only
point ever gained by the stock yards
people in this litigation, notwithstand
ing their distinguished array of legal
talent, including lawyers of national
reputation.
"The third and last point relates to
delay in the Supreme court. The rec
ord of the case Is voluminous Consid-
cradle time was necessary for its prep
aration. Judge Thayer granted some
additional time. The fees for the tran
script were not promptly paid, and it
was not filed in the Supreme court until
some time last spring, l have not the
date. The record has not yet been
printed by the Clerk Of the Supreme
SOuAl dS lSqulACu Wy lJo AuACo' IL luC
Attorney General had had at his dis
posal $4,000 or $4,000 to advance
promptly for the transcript and for
printing, which 1t was the duty Of the
stock yards people to pay, possibly the
hearing Of the case might have been ex-
pedited to the extent of two or three
months The Clerk of the Supreme
court writes: Case will probably be
reached some time during January,
1899 That is not very far off.
81 have now spoken at too great length
of an article written for political effect
only, by good lawyer who had nothing
to do with the cases, and who certainly
could have obtained no better result in
behalf Of the State than has been ac-
Compllshed, so far in them"
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