The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1898-09-23


OF said bills, and on or before the 18th Of Octo-
Der, 1897, the plaintiffs shall file replicatons to
said answers
Third-1he testimony taken by the respective
parties before George W. Clark, special master
in these cases, upon the reference 10 him upon
the motions OF the plaintiffs for injunctions ac-
cordinR 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 II the
same had been taken upon issues Joined be-
tween parties upon the said bills answers and
rcplications and the final hearing Of said cause
snail commence ut two O'Clock on October IS
lss', before Judge Foster and Judge Thayer
judges OF said court. upon the pleadings proofs
masters report and exhibits aforesaid without
| further testimony from either party, and a de-
cree be rendered thereon.
Fourth-The unsuccessful party on said hear.
ing snail Immediately take the necessary pro-
/ ceedings to appeal the said causes to the proper
[ court OF appeals ana file the record therein. aud
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 ana as far rs they are able to secure
speedy hearing Of said appeal
j. NJ WoOLwoRTH,
WAGGENER. HORTON & ORR
d. r. HITE
Solicitors for the Comnlainants
l. G. BOYLE, ATTORNEY General
PRATT, DANA & BLACK
[ Solicitors for the Kansas City STOCK Yards Co
/ Filed, Octoberg 1897. George + Sharitt Clerk
! on October O. 1897, Judge Foster entered an
] order pursuant to the stipulation which was
} the only order then entered That order as
] presented TO him was typewrittcn also and con-
tanned clause which was stricken ont bv
Judge Foster apparently before he signed IL
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 un-
| I'll the final decree which was signed October Is
| 1897, by Judge Thayer at St Paul there was no
| injunction or restraining order and without "A
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
held that when an injunction has been dis
| solved IL cannot be revived except by q new ex-
erclse OF judicial power and no appeal by the
dissatisfied party can OF itself revive IT,
Afortori the mere prosecution Of an appeal
cannot operate as an injunction where none
has been granted" Knox Co VS.. HurShman
1882 L. 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 It's people in
the enjoyment OF the benefits OF this statute
The action OF Judge Foster on October and
p 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 2s 1897 contains
Il pl No
Though the decree dismissed the bill with
cost ana there had been no Injunction since
October ~, that the existing statutes NAV be.
maintained pending an appeal TO the supreme
court OF the United States, IL is further or
dered and decreed that the Injunction which
was heretofore granted in these causes and
tnch OF them be restored and continued IN
force ten days, and IL In the meantime an
appeal he taken, such injunction shall be con-
tnued 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 kansa, CITY Stock
Yards company mot the complaiutants) shall
make ana ule a bond conditioned that In tho
event the decree dismiSSiug the bin shall be
aihrined II would pay 10 the party or parties
entitled thereto all ovcrcharges for yarding
ana feeding live stock which II may have eX-
acted In violation of the Kansas statute or
which u might continue to so exact during
the tendency Of the appeal"
There had been q no 900 bond required by
Judge Foster as condition 70 the granting OF
the restraining orders and the decree also con-
ialns an ingenious clause postponinr actions on
claims for which that bond was liable until
this case is finally determined on appeal
II would take very credulouS and gullible
man to believe that Judge Thayer would have
signed such decree until 10 was consented IN
by the honorable attorney general
RIGHTS OF SHIPPERS CONCEDED AWAY.
And II Is made clear and evident that the Mt
torney general deliberately conceded away the
rights OF the people and stock shippers Of the
STATE because II stands uncontradcted on the
records of the United States court
In the stipulation Of October T. as originally
prepared, there was a fifth paragraph suisse
quently marked out by pencil ana pen marks !
across IT, When this paragraph was so elimi-
mated does not appear, but II accounts for the |
clause stricken out OF the order OF October by |
Judge Foster and the clause which remains in |
the final decree by Judge Thaver It reads:
Fifth-Pending the proceedings aforesaid |
ana until the decree by the court TO which the !
appeals may be taken the restra ming orders |
heretofote granted in these cases shall be con- |
unued In full force and effect and the defendant
Boyle attorney general shall not in case the de
cree OF this court be adverse TO the plaintiffs or
either OF them take any proceedings whatever |
TO enforce the act OF the legislature of the state
OF Kansas, OF March Sd, 1897 complained of in |
said bills either by criminal proceedings there |
uHto OF ny SUIT lOf penalties mentioned in said |
act or otherwise, And the plaintiff shall give |
a supersedeas bond with sureties to he APP |
proved by the judge who may render said de- |
cree in the penalty sum Of - conditioned |
according TO law and said decree shall by prop |
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 H. |
ana the orders OF October9 would not have con-
tanned the provision for continuing the re-
strainng order II Mr. Boyle had not agreed
that they should be continued And the orders
OF October "a in the final decree is too circum-
stantlhlly and specifically framed not TO have
had an adverse mind to the stock yards law
yers, suggesting and concerning in It's phrase
ologY Foot prints are not necessary for the |
election OF an alien presence on an occasions
The attorney general evidently felt his remis.
ness though he could not see any record OF IT, |
Tor Immediately the final decree was signed he
30 = .----A-