The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-04-08

district court OF Barber county against
+. b. Chapin, county treasurer of Barber
county. The Injunction order was dis
so-ved on motion of Bentley Hatfield,
attorneys for the bondholders
Years ago, when the Missouri Pacific
railway, then known as the Wichita An
thony and Salt Plains Railway company.
was building the Kiowa branch. the am
oltious township of Kiowa. which con-
tanned that enterprising town of New XII
oWa, now known as Kiowa, voted SIS 900
IN the bonds of the township to aid in the
construction Of that railway. The road
was built, Judge Bayne of Anthony. Kos
Harris, j. ". Miller and some others be-
ing the moving spirits of the enterprise.
The bonds were delivered according to
contract, and the town of Kiowa doomed.
David Leahy, Dennis Flynn, Jim Dobson
and other kindred spirits of the border
puohsned newspapers in the town. Kiowa
was 10 De the great rival Of Wichita It
mad around 1t an immense territory, from
which 1t drew its trade. Heavy mercan-
tile firms with immense stocks of general
merchandise located in Kiowa. Trade was
brisk and the town grew, and later on the
and the bonds themselves passed onto the
open bond market and were sold to the
eastern capitalist, who laid them away and
semi-annuaily clipped the coupons and
sent them to the Kansas fiscal agency in
the city of New York for payment. But
later on came the shrinkage of values. the
not winds from across the Indian country.
the setting of the Cherokee Strip, and an
exodus OF the people out of the territory
about Kfowa. Kiowa township began TO
lose in population; there was a shrinkage
IN the payment of taxes and it gradually
dawned upon the people that their debt
was too heavy. The next step was to the
lawyer, who told them that he could beat
the bonds; that they were Illegal: and
eliminated in the bringing of an Injunction
suit against the county treasurer by XII
owa township, on the relation of the coun-
ty attorney. Interest payment ceased, the
matter was tied up in the court of Barber
county, and so it has remained for MANY
months. In the meantime the owner of
the bonds was damning Kansas and tell
ing his people in the east that Kansas was
trying to repudiate its honest debts But
during all of this time the interest grew.
The counsel for the Landowner refused
TO go into the local court but they threat
ened suit in the federal court. In the !
meantime the federal courts in the Eighth !
judicial circuit, sitting at st. Louis and !
ST. Paul, were handing down a list of |
bond decisions which never varied. but in |
every instance upheld the validity of the |
bonds where the municipality had the |
power to issue them. In other words the |
courts stood squarely for the credit of the |
state and its municipalities. One decision |
was followed by another and every con- /
'eivable point which Kiowa township
could possibly raise was passed upon by
he United States circuit court Of appeals
sitting at ST. Paul and St Louis. Messrs.
Long and Noble of Medicine Lodge were
he counsel for the township, and they
ully appreciated the legal propositions
confronting their client movement
Long the line Of a dissolution Of the in
JUNCTION was put on foot by counsel of the
while Judge Mckay was the
Judge of the district, but it took more ac-
I've shape after Judge Gillett came upon
he bench of the district Last week Judge
i!llett signed the order as above
tated and the township has resumed pay
1ent Of its interest. So ends what "A yht
ave grown into an important and most
exatious law suit in the federal court.