The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-25
KANSAS LOSES.
United States Supreme Court
Upsets Stock Yards Law.
Reverses Decisions of Judges
Foster and Thayer.
END OF LITIGATION.
Struggle to Reduce Kansas CIty
Yardage Rates Is Over.
Law Was Passed by POpulist
Legislature in 1897.
Opinion Was Handed Down by
Justice Brewer.
END OF LITIGATION.

Washington, Nov 25.-In the United
States supreme court today an opinion
was handed down in the case of Cot
ting and Higginson against A. A. God
ard, attorney general OF the state OIL
Kansas and the Kansas City Stock
Yards company. involving the validity
of the state law of Kansas, empowering
the state authorities to fix rates of
charges on stock in stock yards in that
state. The decree of the circuit court
which upheld the law was reversed
Cotting and Higginson were Stockhold-
ers in the stock yards company ana
soon after the law went into effect In
1897. filed a bill in the United States cir
cult court for the district of Kansas
against the company and its officers and
Louis c. Boyle, then attorney general
of the state OF Kansas, to restrain the
officers of the company from complying
with the act and the attorney general
from enforcing its provisions on the
ground that its compliance, or enforce
ment would deprive the company OF It's
property without due process OF law.
1t was also contended that the act was
class Iegislatiso- The circuit court dis
missed the bill of complaint and an ap-
peal was taken to the supreme court
Justice Brewer handed down the Opln-
ion of the court today. He did not
state in detail the reasons for the court
decision, but merely announced the re-
suit, saying:
..The decree of the circuit court in
this case is reversed with costs and it
is ordered that this cause be, aSd the
same is hereby remanded to the said
circuit court, with directions to enter
a decree in favor of the plaintiffs and
against the state of Kansas and its Off
GERS, in accordance with the prayer OF
the bills and also a decree dismissing
= h2 -rrsf 70 he a 7oTrc nj
Kansas, without prejudice to any fur
ther suit or action"
The entire court concurred in the de-
cree but not in all of Judge Brewers
reasoning Justices Harlan, Gray,
Brown, Shiras, White and McKenna
united in the following statement:
I'VE assent to the judgment of the
reversal, so far as the merits of this
case are concerned, upon the ground
that the statute of Kansas in question
is in violation of the fourteenth amend
ment of the constitution of the United
States and that it applies only to the
not to other companies, or corporations
engaged in like business in Kansas and
thereby denies to that company the
equal protection of laws On the queS
ton whether the statute is unconstlCu-
tional upon the further ground that by
the necessary operation it will deprive
that company of its property without
due process of law, we deem it unnEces-
Sary to express an opinion"
1t was claimed on behalf of the Stock
Yards company that the enforcement of
reducing the receipts of the company
one half.
HISTORY OF THE LAW
What is known in Kansas legal circles
as the stock yards case is one of the
most important cases ever instituted
in western courts. On the records of
the United States courts it is entered
as the case of Cotting and Higginson
against the attorney general of Kansas.
1t is an injunction suit to keen the
Kansas state officers, particularly the
attorney general. from enforcing the
provisions of the stock yards law
In March, 1897, the Populist legis-
lature passed an act attempting to reg
ulate the rates of the Kansas City
Stock Yards company. As soon as the
statute was published, Charles u Cot
ting and Francis Lee Higginson, of
Boston, Mass, for themselves and other
stockholders of the Kansas City Stock
Yards company. commenced a suit in
the federal court in this state to enioin
the attorney general, then L. c. Boyle,
from enforcing the provisions of the
act, and to have it declared invalid.
Upon the hearing of the preliminary
injunction prayed for by the complain
ants, Judge Foster decided the statute
of 1897 to be constitutional, and refused
to grant an injunction. Subsequently
a final hearing was had before Judge
Thayer. of St Louis. He affirmed the
the bill Upon an appeal being taken
from his decision to the supreme court
OF the United States, he granted tenn
pOrary stay until that court could
finally determine the important law
questions involved.
The case has been pending in the
courts over four years AT the October
session of the United States supreme
court for 1899. the appeal was orally
argued at Washington on the part of
the complalnantS by Judge Horton and
W. d. Guthrie, of New York, and Attor-
his assistant. in opposition thereto. In
May, 1900, the court ordered a rehear-
ing OF all the law matters and If was
again orally reargued last January nv
Bale 2. Waggener, of Atchison and
w D. Guthrie of New York. for the
complainantS, and by Attorney General
GODDARD for the state.
The decision of the United States su-
preme court in reversing the former
judgments, and holding the Kansas
statute OF 1897 unconstitutional is NOT
only a personal victory for the law firm
great pecuniary advantage to the stock
holders of the Stock Yards cornnanv
The statute of 1897, If enforced. Wouid
have reduced the yearly income of the
company $300.651, being the equivalent
to reduction in the yearly net income
OF slxty-tnree per cent, according to the
claim OF the stockholders The effect
of the decision is not only to set oside
the judgments heretofore rendered in
favor OF the state, but releases the stock
yards company from any payment on.
obligation under its bonds amoI1ntin1
to $375.0O0, which it was required to file
TO obtain the stays granted during the
tendency of the suit
The decision handed down in the
case decides some OK the most import