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

The sRect Of that stipulation and the conees.
sions vas 70 suspend the operation Of the law
and 20 suspend tho decision made BY Judge
Foster until the case should be reached In the
supreme court Of the United States Why did
the attorney general see 1t to stipulate in the
cases that there was NO collision between
the stockholders Of the stock yards company
and the company itself and thus waive one Of
the strongest defenses which he had? Why
did the attorney general permit the cases to
Be taken away from Judge Foster. who had de-
cided every point up TO that time in favor Of
the state? Why was he anxious that the law
Be not enforced and the stock yards company
have rights and privileges which the courts
could not have granted without his consent!
No explanation can justify his action, and the
losses Of the stock shippers incurred thereby
are iffetrievable.
It Is also provided in the stipulation that
after An appeal Is taken to the supreme court tho
case shall be speedily advanced on the applica-
ton Of either party. The stock yards company.
Of course. has no desire to have the case adj
vanced In Its present situation, and for some
reason the attorney general docs not desire to
have an early hearing OF the case, or the order
suspending the operation Of the law vacated. or
he would have taken some steps to secure tho
advancement Of the case, as it IS now nearly .
year since the decision was rendered in tho
lower court There is no reason why he should
not have had the case ready for hearing at this
time instead Of allowing it to so over the pres
ent term Of the the court so that it cannot b
docketed until the October, 1899, term.
The attorney general cannot escape any
responsibility for the consequence Of his act
by laying it upon associate attorneys SIS 1t will
be noticed that this stipulation was signed by
himself alone Of the attorneys appearing for
the state. This stipulation and his concessions
are the only things which stood between the
stock shipper and the absolute enforcement OF
this law so long as the corporation was trans
acting business in the state Of Kansas after
October 1897 On account Of the stipulation
and concessions the stock yards company has
been able to charge what it pleased and has
given no other or different receipts for the
charges made by it than such as were given
before the law took effect 1t is true that the
stock yards company has made a small reduce
ton in its charges for feed. but such re-
duction was not made because OF any action
taken under the law. It is not in harmony
with the law. 1t was not made at the request
Of or after conference with any state officials Of
the state Of Kansas The stock yard compa-
MES Of St Louis Kansas City. Omaha and St
Joseph compete to o greater or less extent for
business and when one OF these companies
makes . cut in its charges the other companies
are compelled to do likewise, and the cut in
lar reduction in the charges made elsewhere
within competing territory, and the Kansas
statute and the Kansas officers had absolutely
nothing to do with 1t and are entitled TO No
credit therefor
THE Law NOT PARTISAN
The populist party cannot claim that this
law Is q partisan one purely. Every member
Of the house Of representatives voted for IL
with one exception. A number Of the repub-
icans Of the senate voted for the law and q
number Of the populists Of the senate voted
against the law The operation Of the law was
upheld by republican judge who IS not only
strongly attached to the republican party, but
also belongs to that class known as gold
bugs" and if Judge Fosters decision had been
allowed to take its natural course the law
would have been inforced in Kansas and the
people Of this state would have been enjoying
its bene fits
It may be claimed that the state Of Missouri
will pass legislation which will drive the stock
yards company back into the state OF Kansas
to do business This cannot be expected, IS
the large cities Of St Louis, St Joseph and
Kansas City each have stock yards interests
and the representatives Of those cities will Do
able to control legislation in tina. state Be-
sides. law which would have the effect Of
again compelling the Kansas City Stock Yards
company to move its business back into Kan.
sas would have to be more stringent in its
not be expected
The populist party by its platform Of 1893 has
admitted that this law is q failure The Kan
sas stock shipper who shall go to Kansas City
with q claim for a few dollars over charges and
demand payment OF the same from the stock
yards company after it shall have been de-
feated in the supreme court OF the United
States il such is the decision Of that court, will
be met with the claim that the company has
been at all times doing business in Missouri
He will also find that the company is now en-
tirely out OF the state Of Kansas, and that 10
cannot be sued in the state of Kansas
He will also find that soon after the final de-
cree was entered and the bond given in pursu-
ance thereof. the Kansas City Stock Yards
company Of Missouri was incorporated under
the laws Of the state Of Missouri and that since
that date the defendant, the Kansas City Stock
Yards company Of Kansas, which gave the
bond ostensibly for his benefit. has not yet
yarded or fed any Of the live stock yarded and
fed at Kansas City, and that the bond is not
liable for what the Missouri corporation has
DONE EDWIN A AUSTIN
Topeka, Kan, Sept =. 1898