The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-09-03
county.
county.
SHAWNEE COUNTY, KANSAS.
In Re Application for Subpoenas f
Thomas Chapel, ct al
APPLICATION.


The Hon u. T. Hazen, Judge of the
District Court.
Comes now c. C. Coleman, attorney
general of the state of Kansas. ana
Otis E. Hungate, county attorney or
Shawnee county, Kansas, and give the
court to be informed that a comDIna-
ton of the persons engaged in operating
coal mines in Usage county, Kansas,
and in dealing in the output of said
mines in Usage county,, Shawnee coun-
ty, and other counties throughout the
state, exists, the object of which is to
fix the price of coal at the mines. and
which does in fact fix the price of coal
which shall be charged to purchasers
a their said mines; that the said combi-
nation of persons has its regular meet
ing place in the city of Topeka, Shawnee
county, Kansas. and that said combina-
ton meets and has met for a year next
preceding the fling of the application
on the last Saturday night of each
month; that at said meetings so held IN
the city of Topeka. Shawnee county,
Kansas, the members of the said combI-
nation of coal operators agree upon and
fix a minimum price which will be
charged TO persons desiring to purchase
of the combination win sell coal any
less than the minimum price so fixed at
said meeting; that the agreements en-
tered into by said combination are car
ried out and executed by the members
thereof
That said combination and agree
ments by the members thereof is vio
lation of section 1864 of the general
statutes of Kansas for 1901; that the
following named persons have knoWl-
existence and operation of the afore-
said combination:
Thomas Chapel. John Jack. ]. D.
Norton, c. ]. Devlin. Harry Isaacs,
Gust Johnson, Robert Elliott, John
Bell. Arthur Summers, John Caughlin,
Robert Bunter. Neil Hotchkiss, George
Strunk, Knight.
Your informants respectfully ask
that your honor cause to be issued by
the clerk subpoenas for the above
named witnesses to appear before said
court at such time and place as your
honor may fix.
c. C. COLEMAN,
Attorney General.
OTIS f. HUNGATE.
County Attorney.
! State of Kansas, Shawnee county, IS:
OTIS T.. Hungate, of lawful age, being
! first duly sworn, on his oath says that
he has read the above and foregoing
application and that the facts therein
stated are true to the best of his infor-
nation and belief
OTIS E. HUNGATE.
Subscribed and sworn to before me
this I'd day of September, 1903.
R. H. CAV
The law under which County Attor-
ney Hungate and Attorney General
Coleman viii proceed against the coal
trust is as follows, provided in chapter
1l3 Of the session laws of 1901:
! The several district courts of this
state and the judges thereof shall have
! jurisdiction, and it shall be their duty
upon good cause shown and upon writ
/ ten application of the county attorney
/ or the attorney general to cause to be
/ issued by the clerk of said court
subpoenas for such witnesses as may
! be named in the application Of a coun-
\ ty attorney or the attorney general, and
to cause the same to be served by the
1 sheriff of the county wherein such
subpoena is issued; and such witness
shall be compelled to appear before
such court or judge at the time and
| place set forth by the subpoena and
shall be compelled to testify as to any
| knowledge they may have of the vio-
lation of any of the provisions of this
aet;and any witness who fails or re-
/ fuses to attend and testify shall be
! punished as for contempt, as provided
| by law. Any persons subpoenaed and
examined shall not be liable to criminal
prosecution for any violation of this
act about which he may testify
/ Neither shall the evidence of any such
! witness be used against him in any
/ criminal proceeding. The evidence OF
all witnesses so subpoenaed and exam
| ined shall be taken down by the report
er Of said court, and shall be tran
scrlbed and placed in the hands of the
4 county attorney or the attorney gen.
eral and he shall, in the proper courts
at once prosecute such violator or vio-
lators of this act as the testimony Sc
taken shall disclose witnesses sub
/ poenaed as provided for in this secffor