The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-08-03
Argentine Relief Work viii
Now Be Resumed.
Injunction Against the Com
mittee Discussed.
COMMON SENSE TALK.
Judge Holt Praises the LabOrs
Of Distributors.
Says Their Work Was Difficult
and Thankless.

Kansas City, Kan, Aug. 3.-Judge
W. G. Holt of the common pleas court
has dismissed the injunction proceed
ings instituted by ]. NJ. Upton against
the Argentine relief committee. Relief
work, which has been tied up for al
most a week by the injunction, will be
resumed today.
Mr.. Upton asked that the committee
be enjoined from using any Of the $780,
900 now in the relief fund except to
distribute it in cash to the flood suf-
ferers. When the case was called for
q hearing Saturday afternoon at 2
O'Clock, Upton and his attorneys were
not ready for trial. In an application
for a continuance presented to the court.
Upton represented that he desired to
take the deposition of the mayor of
New York city and various other cities,
as well as the deposition of Governor
Bailey of Kansas, in an endeaVor to
ascertain for what purposes the money
was given. Upton asserts that the
money has been misapplied in that a
certain part of it has been used Tor
cleaning the streets, sewers and putting
the city in better sanitary condition. No
charge was made that the committee
had acted fraululently or dishonesty
In setting aside the restraining order
Judge Holt said;
claims to represent three thousand MOOD
sufferers in Argentine, has no vested
right or interest in the money IN lne
hands of the committee, neither has ne
or any of the three thousand persons he
claims to represent any legal or equlta-
BILE right to maintain an action against
the relief committee. The services OF
the committee are entirely gratuitous
and there being no fraudulent purpose
or intention shown there is absolutely
no foundation for the action.
COURT DEFENDS COMMITTEE
s.If Tipton's action is sustained be-
cause he is dissatisfied with the way
the committee is conducting the reIel
Thousand flood sufferers might become
dissatisfied tomorrow and bring an
action and so on indefinitely until the
committee would be so harassed thal
the objects of the relief work would be
entirely defeated. This work has beer
pushed on the committee and 1 know
the committeeman are doing the best
they can.
s'They are men eminently respectable
and honorable and represent the best
interests of Argentine. 1t is impossible
to act so as to satisfy every one anc
the people become excitable when there
is really no occasion for it, rms
money was not subscribed by Chart
able people for Tipton's benefit or par,
ticularly for the benefit of any of the
three thousand flood sufferers whom ne
claims to represent. 1t was given FOL
the relief of all who suffered without
restriction as to how it should be ap-
piled.
IF I were to appoint a receiver il
wouldn't be two days until someone
would be objectins to his manner OF
distributing the funds.
You have a bad situation with q
good committee to handle it. If The
committee abuses the public trust the
action will have to be maintained in
the name of the state, and in such case
the county attorney would be this
proper party to file the proceedings"