The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-09-06
CAN NOT ESCAPE.
Parsons Asylum Doodle Charges
to Be Aired.
Judge Glass Refuses to Dismiss
the Injunction.
TRIAL ON ITS MERITS.
Proceedings Will Now Be
Thoroughly Sifted.
News From the State House
Departments.
TRIAL ON ITS MERITS.

Clay Center won the first victory in
the asylum injunction case when Judge
William S. Glass overruled the motion
of the attorneys representing Parsons
to dissolve the temporary injunction.
From this action of the court the
Parsons attorneys will appeal and have
been given fifteen days by Judge Glass
to make case for the supreme court.
The case came on for hearing at Clay
Center Tuesday before Judge Glass 1t
will be remembered that the temporary
injunction restraining the state audi
tor and the state board of charities
from proceeding with the purchase of
the land for the site and the expendi-
ture of the money appropriated for the
new asylum, $780, 900. was issued by the
probate judge of Clay county.
The Parsons people laughed at this
move on the part of the opposition to
that town and the attorneys were con-
hdent Judge Glass would overrule the
probate court. A motion was made to
dissolve the temporary injunction and
argument was heard on that PROPOSE
ton with the above result.
Attorneys Sedgwick and Osgood rep
resenting Parsons urged in favor of the
motion to dissolve the injunction:
First-That the county attorney has
no right to prosecute such an action in
the name of the state.
Second-That the district court has
properly no Jurisdiction over this &C
ton.
Third-That there are no defects in
the law.
Fourth-That the charges of fraud
and corruption in the location of the
asylum are untrue.
In delivering his opinion Judge Glass
held:
First-That the county attorney is
the proper officer to prosecute such an
action.
Second-That the court has jurisdic-
ton over such a case and that the de-
PENDANTS in answering had admitted
such to be the fact and had submitted
to the said Jurisdiction of the court
and could not now raise such a Ques-
ton.
Third-The belief sought by this ac-
ton is purely injunctive and injunction
is the gist and substance of the ac-
ton.
Judge Glass announced that he would
not at this time decide questions of
fact but would leave these for determ-
ination at the final hearing.
Judge Glass also held that it is not
now necessary for him to decide wheth-
er the law as it was passed by the leg
islature confers power on the special
committee to purchase the land or
whether the appointment of the mem
bers of the committee by the speaker
of the house and the lieutenant COVER
nor was valid.
1t has been claimed that the mem
bers of the committee were appointed
before the law was published. A pro-
vision of the law requires that
it should be published in the
official paper before it became opera
tive The committee was appointed
and sworn in several days before the
law was published.
The final hearing of the case will
come up at the October term of court
unless the proceedings in the supreme
court should delay Judge Glass The
attorneys representing Parsons an
nounced their intention of taking an
appeal and work is now going on upon
the records for the higher court.