The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-01-05
TRUSTEES Ehj0INED
BY JUDGE DALE
Have No Right TO Change
Cudahy Contract.
HOLMES SEES WAY OUT
Men Who Who Gave Money
Will Sign Release.

Judge Dale yesterday granted the in
Junction il the Cudahy packing house
caie.
iome time ago Stewart & Burns filed
ar3injrnction case in the district court to
euloin the trustees who made the con-
tact with Cudahy taking any action
boxing 10 the releasing of Mr. Cudahy
fom his obligation to operate the plant
fr a period of ten years. At the time
o1~the fling of the case a temporary
iaupction was granted, which is the
ralAl proceeding in such cases. The case
cane up yesterday for final hearing
los and V. Harris appeared for Stewart
& Burns, and Houston & Brooks and
Holmes & Norcross for Cudahy. There
WAS no evidence introduced. the attor-
neys agreeing on the statement of facts,
which We're that in the contract between
the trustees OF the people who gave Mr.
Cudahy $4,000 il was required Of him to
operate the plant for fifteen years, or,
IN case he doubled the capacity Of the
plant, he was TO operate for a period Of
len years
The attorneys for Cudahy claimed that
te had more than doubled the capacity
G the plant and that the people who
had given him about 50 per cent Of this
So 90 wanted the trustees to release Mr..
Cudahy now The injunction case was
brought against the trustees-L. S. Naftz-
ger. c. Q. Chandler, \. c. Jobes, c. II.
Enyth and Finlay Ross-to prevent their
Going this There was a good deal Of
.ase. After hearing the arguments in
he case, Judge Dale held that the trus-
ICES had no right 70 make any change
h the contract II any OF the subscribers
b the $4,000 fund objected. He, there
Are, refused 10 dissolve the injunction
THE stock yards people and the COM
mission men at the yards were very in
dgnant They have faith in the prom
tss Of John Cudshy and they wanted
{. give him the plant without any strings
I, IL Some Of them seemed at a loss
Sc tell Just where they stood after the
Injunction was made permanent.
Kos Harris was seen after the case
was decided He said it had gone just
ne he expected. He said Judge Dale
had decided that the trustees had no
right to change the contract with Mr.
Cudahy. He said they expected John
Cudahy would be present. but he was not
He said If he had been present they in
tended to have him introduced as their
witness and ask him if it was the inten-
con TO put this plant in the packers
trust
r. L. Holmes seemed to be rather
pleased over the turn in the matter and
remarked that he did not think some Of
the men who were trying to accomplish
something by this injunction knew ex-
actly where they stood. He said Judge
Dali. had simply held that the trustees
had no right to do more than they have
already done This. he said, did not
prevent the people whom the trustees
represented doing what they wanted the
trustees TO do. He said Judge Dale had
stated that the men who gave this money
could release Mr. Cudahy. He said he
already had a release for about % per
cent OF the amount subscribed and very
shortly they would have all the rest,
except Mr. Stewart. He went on to state
that Mr. Cudahy already had deed for
the packing house and his only reason
for wanting this release was TO remove
q sort OF shadox from his title.
Mr. Holmes ecf6 Mr.. Cudahy had done
in two years what he promised 10 do in
ten years. and that was what seemed TO
bother the kickers. He said none OF them
would have objected 10 removing all re-
strictions at the end OF ten years II
Cudahy had doubled the capacity Of the
hacking house, but some Of those fellows
seem 10 think Ii is all wrong when MI
Cudahy does it in two years. He said
they would get all the subscribers TO
sign the release and then Mr. Stewart
could hold his 500 interest. When these
other parties all sign the release, Mr..
stewards can still cause shadow on
plant worth nearly a quarter Of MIL
lion dollars just 10 the extent of his sub
scription-$I00