The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-07-07
LAWYERS WORRY.
They Think Solicitor Myatt
Should Read Up.
His Arguments Before United
States Court
GOT THINGS MIXED.
Somewhat Puzzled About Jur-
isdictiOn of Courts.
News From the State House
Departments.

When Governor Stanley appointed a
J. Myatt solicitor for the court OF visi-
tation he said:
wichita demands and must have the
strong arm of this court. For this
reason name Mr.. Myatt."
Judging from the incidents which
transpired during the hearing of the
Western Union case at LeaVenWorth,
Mr.. Myatt is a disappointment to the
governor. The solicitor for the court
al that time made his first appearance
in court as the representative of the
court of visitation. Since that time his
argument and utterances before Judge
Hook have been the subject of jest and
joke among the lawyers.
Lawyers representing the two sides of
the controversy and lawyers who were
spectators at the hearing congregated
at the clerks Office and enjoyed them
selves at the expense of Mr.. Myatt. All
in all the first appearance of the SOHcl-
tor in public has been the fruitful source
of much amusement for the lawyers.
Mr. Myatt first astonished the lawyers
by Indicating a wOeful lack of knoWl-
edge concerning the ordinary procedure
in trials.
It is generally understood that the
circuit court of the United States for
the district of Kansas is a court not
superior to the supreme court of the
state yet Mr.. AIyatt suggested that the
cause in which he appeared as attorney
for the defendants should first pass
through the supreme court of the state
and then be appealed to the circuit
court of the United States, the tribunal
in which the Western Union nrSt sought
recourse. The idea of appealing a case
from a superior to an inferior court
was too much for the lawyers. Yet, Mr..
Myatt urged this suggestion repeatedly.
He said in the course of his argument:
IF your honor believes" referring to
Judge Hook, that his court has juris-
dictiOn in this case, think it would be
unwise for him to assume it. It seems
to me that the wise procedure would be
to permit this case to go through the
state courts and then, after the supreme
court of the state has passed on the
case, if the plaintiffs are not satisfied,
they can appeal to your honor"
At this juncture a crowd of lawyers
walked out into the hall to laugh while
Judge Hook labOrioUsly studied the
ceilings with his hand over his face to
conceal the smile which was lurking
suspiciously around his mouth. But Mr..
Myatt went on.
When the suggestion was made that
the judgment of the supreme court of
the state could be appealed to an in
feriOr federal tribunal the jurisdiction
of which extends no farther than the
state district courts, the lawyers were
astonished. They thought it was an
error but the reiteration of the state
ment convinced them of the sincerity
of the solicitor.
While NIr. Myatt was 1aboring
through the labyrinth Of argument in
duced by this proposition, Judge w a.
Johnson. member of the court was
vfsibly agitated. He was nervous and
could not SIL SUN. lie got up ana walk
ed out into the hall. He went back and
sat down. Got up again in two minutes
and re-appeared in the hall, finally
camping there. He said at one time
when he Joined the gentlemen who had
already fed from Mr.. Myatt:
THAT man makes me SICK
The rule governing federal courts is
that the judges shall follow as nearly
as possible the Interpretation of the
laws by the supreme courts of the
states. This court of visitation law has
never been in court before. The federal
court is wrestling with the first case.
the application for an injunction.
Judge J. c. Postlethwaite, who is also
d member of the court Of visitation, said
as he left the court room:
Il never before realized the truth of
the adage that a client is always at the
mercy of hrs lawyer"
Mr.. Postlethwait was non plussed.
Is were the other memb berS of the court
One of them said:
seWhy in the world don't ATyatt read
the brief we prepared for him and stop
this foolish argument he is making?"
A prominent Topeka lawyer, and a
man who is Well-knOwn all over the
state said to a Journal reporter today:
Il am sorry that Mr.. Myatt did not
succeed better with this case. From
the standpoint of lawyer he made
some awful breaks. He talked as though
he did not know the ordinary procedure
of trial and appeal. Some of the things
he said in making his argument were
absolutely humiliating. He made the
court of visitation joke and the at
torneys who were present laughed at
him. 1t was one of the most humiliat-
ing incidents I have ever experienced
in a court room I for the time almost
wished I was a MissOurian."
The attorneys commend Mr.. GOdards
argument. 1t was brief and to the
point The outline Of his argument fol-
lows:
'sFfrst-This suit cannot be maintain
ed. and no injunction, temporary or
otherwise, should be granted, because
it is in effect an action against the state
of Kansas, and is not such a proceed
ing as justifies the interpOsition of
court of equity
1.-The proceeding complained of and
sought to be enjoined was commenced
in the name of and on behalf of the
state of Kansas.
THE law has created a tribunal in
which all of the matters set forth in
complainant's bill may be heard, not
necessarily in a new action commenced
by it, but in defense of the proceeding
sought to be enjOined. An appeal may
| be taken from the judgment there rem
| dered to the supreme court of the state
of Kansas, and from there the case
| may be appealed to the supreme court
/ of the United States.
THE complainant seeks to enjoin Of
| ficerS from performing duties imposed
| upon them by law in proceedings which
/ they did not originate.
THE proceedings complained of do
/ not involve a trespass upon the pro-
| perty of the defendant therein, or any
direct injury to the rights of said de-
/ fendant, as any judgment which may
/ be rendered in said proceeding can only
| be enforced by a further proceeding.
.'SecOnd-The complainant herein is
seeking to enjoin the action OF a state
court.