The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-03-23
SUIT STOPPED.
Santa Fe Hearing Terminates at
ChanUte.
Frank S. MOnnett, of Ohio, Has
Returned Home.
SUIT MAY BE RESUMED
No Friction Between Attorneys
Transcribe Evidence Taken.
To Determine What Further
Facts Are Necessary.
SUIT MAY BE RESUMED

Chanute. Kan, March 2s.-The inves-
LEGATION started by the county attorney
Of Chautauqua county in a suit to GUST
the Santa Fe from the state was sus-
pended here Wednesday, and Frank S.
Monnett of Ohio, who was conducting
the case for Kansas, left for his home.
Counsel for the oil men state that the
testimony already taken will be
Transcribed and studied, in order to de-
termine what further points should be
covered.
The only witness examined yesterday
was Division Freight Agent Trelevan,
who explained the rate situation and
gave the advances in rates on oil from
time to time Mr.. Treevan said that
he had some conversation with / N.
Knapp, an independent producer, at the
time the advances We're made, and Mr..
Knapp had told him that his business
was being ruined
There are several large oil producers
who are greatly dissatisfied with the
termination of the hearing before the
evidence was all submitted.
A meeting was held Wednesday after
noon to determine on a plan Of action.
The suggestion has been made by the
attorneys of some of the men in the
meeting that the attorney general be
asked TO appoint a special assistant
here and that proceedings be immedi-
ately instituted in this county and push
ed vigorously. The producers here say
they will foot the expenses Of any pro-
ceedings fled in this county and will
engage counsel. They prefer that the
attorney general authorize the suits, but
there are some who believe in going
ahead if the attorney general turns
down the request.
Sedan, kas., March 23.-W. S. F'itz-
patrick, one of the attorneys in the
Santa Fe railway company, gave out
the following statement last night
after conference with County At
torney Shukers:
The work of taking dispositions
for use in the trial against the Santa
Fe in the district court of Chautau-
qua county has now been going on for
two weeks, and a great deal of tes-
timony has been taken. While it was
generally understood that Senator
Smith and myself were to represent
the oil producers in this case, at the
time the suit was filed definite
arrangements had not yet been made
for us to do so, and it was impossible
on account of the state of our bust
ness for US to be present at the tax
ing of this testimony
Mr. Monnett was employed in a
general way in this matter by some
parties in the east. and as his time
in Kansas was limited it was agreed
that he should proceed with the tax
lines that have been covered in the
dispositions There is no friction
WhaleNer between the attorneys IN
this case and no jealousy against Mr.
Monnett on account of his being a
foreign attorney. We do, as every
body must. recognize the fact that by
reason of his large experience in trust
litigation and his admitted ability as
q lawyer, his counsel and assistance
have been of inestimable value in this
case. and we hope and expect that
arrangements may be made that will
give US and the case the benefit of his
counsel and assistance throughout the
litigation.
1--WE deem it proper, however, and
Mr. Monnett agrees with US, to discon-
tinue the taking of testimony at this
Tune until the testimony taken can
be Transcribed and carefully gone
over, SO that we may determine to-
gether as lawyers should what tes-
timony we have that is valuable. what
facts are proven by it and what fur
Their testimony may be needed. 1t
should be borne in mind that the is
sues in the case were not yet made
UP. and the testimony of witnesses
who reside in Kansas can be taken at
any time after the dispositions already |
taken have been carefully considered. /
This suit will of necessity involve
considerable expense. and it will be
permit the taking of the evidence of /
a great multiplicity of witnesses COW
ering the same points, if the testimony
of a less number is in our Judgment /
ample to establish the facts necessary /
for us to prove. We could spend every |
day from now until the case finally |
comes to trial examining witnesses /
who would give some testimony that |
would be valuable to our case if /
standing alone, but when added to a /
vast amount OF the same kind of evil |
denee already taken would be merely /