The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-10-02
DECIDE ON MONDAY
Judge Hook Takes Gas Case
Under Amusement.
Temporary Injunction Likely to
Be Granted.
no TESTIMONY TAKEN.
City Fights Injunction on Le-
gal Propositions Alone.
Court Gives Assurance OfSpeedy
Final Hearing.

The first round of the city's battle for
dollar gas is fought, and the combat
ants are resting and waiting for the
decision of Judge w. c. Hook on the
granting of a temporary injunction,
which will be given next Monday. The
impression is general that the gas COM
pany has won the first round, and will
be given a. temporary injunction to re-
strain the city from attempting to en-
foroe the ordinance pending the final
hearing of the case.
One important point, however, was
gained by the city. Judge Hook frank
~ stated to the attorneys for the city
that he would see to it that the case
should come on for trial at the Novem-
Der term of court. and that an oppor-
sanity should be given for the cross
examination of the witnesses of the gas
company
The proceedings at the hearing yes
1erday of the gas company's application
for q temporary injunction were not of
great interest, though there was little
sharp sparring between J. d. McF'ar-
land, attorney for the city, and Charles
Blood Smith, attorney for the gas COM
pahy- These two gentlemen did most
of the talking, though Mr.. Mcfarland
nad city Attorney Spencer at his elbow
Tor frequent cOnSuita lions, and Mr.
Smith was assisted by Eugene Hagan's
advice and suggestions
The hearing occurred in the small
semf-circular court room at the east
end of the third floor of the government
building The place is hardly compat-
fble with the dignity of a United States
black walnut, gray with the dust of
past years, formed the back ground of
the court room. The walls are as they
Nrepe left by the plaster-patchers, and
the floor is carpetless. and daubed with
ink and dirt and litter.
Tt was fifteen minutes past the an
nounced hour of o'clock when Judge
Hook said:
Now about this case of the city of
Topeka VS.. the gas company
THE gas company VS.. the city of To-
peka." corrected Mr.. Smith. as he arose
and stepped forward The attorney for
THE plaintiff then summarized the bill
Hled by the gas company in its appn
lr&flon for temporary injunction.
Having done so, he drew another bum
die OF papers from his pocket and IN
folded one of them
Il desire now to present this aida
w.t." he said.
lust a moment" interrupted Mr.Mc-
Farland. who had been expecting such
a.5move we have learned enough
about the question" said Judge Nc
4 FArland. ito know thar n reasonable
estimate cannot be arrived at on the
mere a.fidavits of parties The question
of witnesses. We have not had an op
portun1ty to get the exact facts hereto
fore with respect to matters of detail,
and 1t is necessary to consider these
facts in order to determine what is a
reasonable rate. That information is
4 ftirely within the bosom of our
n fiends. the enemy We should be en-
titled to cross-examine the parties
hfr- Mcfarland asked that the court
appoint an examiner to take verbal teS-
tirnony on the preliminary hearing, in
order TO give the city an opportunity to
GROSS examine witnesses 1t was evil
dent that the attorneys for the city
suspected that the affidavit which Mr..
Smith wanted to introduce was by
Some officer of the company whose
cross-exau1dnation would be very de-
SlrRbie TO the city at this time.
We desire to offer evidence to rebut
this axhdavit," continued Mr.. McFar-
land, but we have been unable to do
~. though we can secure our affidavits
Rzthsn u hours from this time
RI do not want to divide up this pre-
fiaainary hearing" said Judge Hook.
ssAs understand it, the city wants the
case postponed / am willing to post
pone it till next Monday
THAT won't do at ALL" declared Mr..
Smith emphatically- II viii be in Col
ora<1o most of next week.
Monday is satisfactory to u.s." said
mr.. Mcfarland
II am willing 10 let 1t go till the first
Monday in the next term" said Mr..
Smith,
We do not want such long delay"
declared Mr.. Mcfarland
'sWe1l. gentlemen said Judge Hook,
IF you can agree upon a time. I will
postpone the case, or if you desire, I
/ will set a time myself. Otherwise we
will go ahead today 1 do not think 1t
wise to appoint special examiner to