The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1901-11-22
RAILROAD WINS ITS CASE
Judge Stillwell Renders an Opinion
Denying the InjunctiOn-Thinks
Road Had Both Law
and Equity.

The decision of Judge Stillwell in
the railroad injunction case came to
lola Thursday in o letter to the
Clerk of the District Court. II denies
the application for an Injunction, and
the lawyers for the property owners
have fled an exception to the ruling
and say they will appeal TO The SUI
preme Court
The docket entry which Mr.. Still
well prep red for scription in the
c,uL jounIl is given below in fnll
Silas X. swan ct al
VS.
FIT. Scott lola g. Western Ry.
la the District Court OF Allencounty,
Seventh Judicial District:
Aud now, on this 9th day OF Novem-
Der, 1901, before the undersigned
Judge Of the above named court. at
chambers at lola. Kansas, came the
above named plaintiffs by Thorn DSOn
& Thompson, their auorne, s. and
also came thu sa d defendants by
DIllaru ~ Hulett and Campbell d
Goshorn, their attorneys, and there
upon came on for hearing the applica-
tion of said plaintiffs for temporary
injunction herein in accordance with
the allegations and prayer of their
petition filed in this above action:
The parties introduced their evil
dence in support of and in opposition
to, said application respectively, and
the same was argued by counsel and
thereupon by said judge taken under
advisement.
And now on the 14th day of Novem-
Der, 1901, having carefully considered
said application and the evidence ad-
duced and the argument Of counsel.
and being fully advised in the premises,
l do find and determine that said APP
plication for a temporary injunction
should not be granted, and the same
is therefore overruled and denied.
And to said ruling and order the
plaintiffs duly and properly excepted.
L. STILLwELL.
Accompany the ruling was short
note for the benefit OF all interested
parties. 1t stated that the Judge had
not found time to prepare a written
statement orlopinion setting forth lin
detail the reasons for the conclusions
he had reached, but that after renec-
ton and a careful investigation he
was OF the opinion that, on the facts
presented, the law in the case is with
the defendants, and he thought the
equities are decidedly SO.
The ruling of the court has been
awaited by the people of lola with
more general interest probably than
in any other case that ever came up
here. Opinion as to the desirability
of the roads coming has been divided,
the property owners whose homes were
affected being practically unanimous
ON the subject that the road should be
barred unless it made more generous
provision in the matter OF damages.
They made their fight in a gentlemanly
way, earnestly and by resort To the
law. Those who have desired to see
the road built have taken it out in de-
string and have not moved in the
matter otherwise, letting the railroad
fight its own battle. 1t has been
delicate subject to discuss by reason
of all these things and there was the
spectre of a town row, that blighting
bugaboo that has ruined many a, fine
town, hanging about the case.
1t was understood this morning that
an appeal will be taken from the ruling
of Judge Stillwell, an exception to
his finding being promptly recorded
by Thompson & Thompson, attorneys
for the plaintiffs.