The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1898-09-29

parties oe10re george w. Clark, special maSS6r
in these cases. upon the reference to him, upon
| the motions OF the plaintiffs for injunctions ac-
cording to the prayer Of said bills. together
with the stipulation OF the parties, report OF
the said master and all exhibits. to be taken
and read in evidence upon the hearing of said
causes with the same force and effect as If the
same had been taken upon issues joined be-
tween parties upon the said bills. answers and
replicationS and the final hearing Of said cause
shall commence at two O'Clock on October 49,
1897. before Judge Foster and Judge Thayer
judges OF said court, upon the pieadings proofs
masters report and exhibits aforesaid, without
further testimony from either party, and de-
cree be rendered thereon.
Four,h-The unsuccessful party ON said hear
ing Shall Immediately take the necessary pro-
ceedngs to appeal the said causes to the proper
court of appeals and file the record therein. and
! both parties shall join in an application to the
court to which the appeal shall be taken, to
| advance the cases upon the docket Of said
| court and as far they are able to secure a
speedy hearing Of said appeal
j. NJ WOOLwORTH,
WAGGENER HORTON & ORR,
D. r HITE
Solicitors for the ComplainantS
l. c. BOYLE. Attorney General
PRATT. DANA & BLACK
Solicitors for the Kansas City Stock Yards Co
Filed. October9. 1897. George F. Sharitt Clerk
Ou OStODcE icSs uisc Z oStCE CutcEcu Ill
order pursuant to the stipulation which was
the only order then entered That order as
presented to him was typewritteu also and con-
tanned clause which was stricken out by
Judge Foster apparently before he signed it
as follows:
And in the meantime the restraining orders
heretofore granted and issued in these suits
shall continue in full force and effect to and
during said hearing"
Such was the second effort Of Judge Foster
to protect the people OF Kansas and the attor-
ney general.
The effect OF this was that from that time IN
til the final decree which signed October %.
1897, by Judge Thayer at St. Paul there was no
injunction or restraining order and without
new exercise OF judicial power there would
have been no obstacle preventing the stock
shippers from reaping the benefits OF this leg
iSlation during the past year.
The supreme court Of the United States has
cid that when an injunction has been dis
solved it cannot be revived except by q new ex-
ercise Of judicial power and no appeal by the
dissatisfied party can OF itself revive it
Afortiori the mere prosecution Of an appeal
cannot operate as an Injunction where none
has been granted" Knox Co vs. Harshman.
lS2 e. S IA
There are cases where for the preservation
OF the status quo courts may continue or modify
an existing restraint, but the status quo at the
time Of the final hearing Of these cases was the
perfect freedom Of the state and its people q
the enjoyment Of the benefits Of this statute.
The action OF Judge Foster on October and
! Leads to the conclusion that he would not
| have exercised his discretion in the manner
that Judge Thayer did. and no reasons seem
apparent why the final submission Of the case
was made to him
The final decree Of October %, 1897 contains
this remarkable clause: ITO the end. however
(though the decree dismissed the bill with
cost and there had been no injunction since
October 81. that the existing statutes may be
maintained pending an appeal to the supreme
court OF the United States, it is further or
dered and decreed that the Injunction which
was heretofore granted in these causes and
each OF them be restored and continued in
force ten days. and II in the meantime IN
appeal be taken, such injunction shall be con-
tinued In force until the appeal is heard and
determined in the supreme court Of the United
States, provided that in addition to the
ordinary appeal bond the Kansas City Stock
Yards company mot the complaintants) shall
make and nle q bond conditioned that in the
event the decree dismissng the bill shall be
affirmed it would pay to the party or parties
entitled thereto all overcharges for yarding
and feeding live stock which it may have ex-
acted in violation OF the Kansas statute or
which it might continue to SO exact during
the tendency OF the appeal"
There had been . SIS. coo bond required by
Judge Foster as condition to the granting Of
the restraining orders and the decree also con-
tains an inseniouselause postponing actions on
claims for which that bond was liable until
this case is finally determined on appeal
It would take very credulouS and gu1lible
man to believe that Judge Thayer would have
signed such decree until 1t was consented to
by the honorable attorney general
RIGHTS OF SHIPPERS CONCEDED AWAY.
And it is made clear and evident that the at
torney general deliberately conceded away the
rights Of the people and stock shippers Of the
state because it stands uncontradicted on the
records st tie United States court
In tho stipulation of October :. as originally
prepared. there was fifth para yraph subse-
Quently marked out by pencil and pen marks
across it When this paragraph was so elimi-
mated does not appear, but it accounts for the
clause stricken out Of the order OF October By
Judge Foster. and the clause which remains in
the final decree - Judge Thayer. It reads:
Fifth-Pending the proceedings aforesaid
and until the decree by the court to which the
appeals may be taken the restra lining orders
heretofote granted in these cases shall be con-
tinued in full force a2d effect and the defendau:
Boyle. attorney general shall NO; in case the de-
cree Of this court be adverse to the plaintiffs or
either Of them take any proceedings whatever
to enforce the Of the legislature OF the state
OF Kansas, Of March Sd. 1897. complained Of in
said bills either by criminal proceedings there
unto or by sui. for penalties mentioned in said
act or otherwise And the plaintiff shall give
. supersedeas bond with sureties to be ap-
proved by the Judge who may render said de-
cree in the penalty sum Of - conditioned
according to Law and said decree shall BY peop-
er clause therein provide for said bond
The attorneys for the stock yards company
would not have drawn up such . stipulation
unless some verbal agreement had preceded Il,
and the orders Of October9 would not have con-
tanned the provision for Continuing the re-
straininS order II Mr.. Boyle had not agreed
that they should be continued And the orders
OF October . in the final decree Il too cireuD-
stantially and specifically framed not % have
had IN adverse mind to the stock yards law
yerS suggesting AID concerning In its phrase
ology. Foot prints are not necessary for the
election Of IN alien presence o. al oecasiona
The attorney general evidently felt his remis-
ne0 though he could mos see any record oe q.
to- 6ns1iassly The 1aal dssrss vassiOsd. -