Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1898-10-26


tober was the result of that meeting.
1t was very largely advantageous to
the state in an early hearing on the
merits. The case could not have been
'rousht on for hearing by either party
on he 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 mas
ter's report already oa file. I was
little vexed at the Attorney General
for agreeing upon such short time
eleven days, fo- we had the volumi-
Dous answers to frame and our briefs
and arguments 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
be would institute no proceedings
against the stock yards people prior
to the heariDg-that there should be
truce of eleven days. The validity of
the stock yards law was being tested
by suit in equity which had proceed
ed with unusual diligence. All that
the Attorney General could have done
furthur was to prosecute criminally in
the District court of Wyandotte county
and no result could have been reached
in the eleven days; besides, the Attor-
ney General was too busy to waste his
time in such fruitless proceedings.
which would probably have been en-
Joined by the court where the validity
of the law was already under consider
alton. 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 proceedings 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 pro-
lection of the interests of the shippers
of live stock against excessive charges.
General Boyle gave notice at once of
an application to Judge Thayer at st.
Louis for the striking out of this pro-
vision as to stay, and he went to St..
Louis for that purpose, but ] udge
Tbayer adhered to his views and unLLer
his orders the decree was entered for
such stay upon the conditions pre-
scribed in his opinion. This stay was
the only point ever gained by the stock
yards people in this litigation, notwith-
standing their distinguished array of
legal talent, including lawyers of ma
tional reputation.
''The third and last point relates to
delay in the Supreme court. The rec
ord of the case is voluminous. Con-
siderable time was necessary for its
preparation. Judge Thayer granted
some additional time. The fees for
the transcript were not promptly paid,
and it was not filed in the Supreme
court until some time last spring, 1
have not the date. The record has
not yet been printed by the Clerk of
the Supreme court as required by its
rules. If the Attorney General had
had at his disposal S. 900 CT Sc 900 to
advance promptly for the transcript
and for printing, which it was the duty
of the stock yards people to pay, pos
sibly the hearing of the case might
have been expedited to the extent of
two or three months. The Clerk of
the Supreme court writes: Case will
probably be reached some time during
January 1892 That is not very far
off.
81 have now spoken at too great
length of an article written for politi-
cal effect only, by good lawyer who
had nothing to do witt the cases, and
who certainly could have obtained no
better result in behalf of the state
than has been accomplished, so far in
m."--Advocate and News.