The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-10-16
The CARRIERS.
They Get Their Case Into Court
This Morning.
Many Carriers" Dismiss Their
Prosecutions.
CHARGES IN CASE.
Arguments Before Judge Dana
Presented Today.
Six Papers for Six Cents or
Seven for Seven.

An intelligent body of lawyers and
equally intelligent lot cf citizens and
minors. all in plain clothes except the
lawyers who have grown rich over
State Journal libel suits, assembled at
the district court this morning to
hear the preliminary argument in the
case of certain carriers of this great
moral and religious paper dncluding
a Sunday issue Of this great moral and
religious daily (every day including
Sunday morning) against the editor
and proprietor of the same daily and
Sunday Cargest Sunday and every day
circulation in Topeka)-
The day audience was particularly
good looking and cultured because
largely made up of State Journal peO-
pie including carriers.
This is a case brought to compel
the proprietor of this paper to reduce
his price charged by carriers from one
cent per copy to seven papers for six
cents, the seventh paper being double
the ordinary size. to say nothing Of the
better quality and also to restrain the
proprietor from selling newspaper
something he never did and
has never intended to do-unless
driven to il.
Rossington & Smith and Troutman
& Stone. the only attorneys in the case
rs shown by the signature to the
papers, by some process unknown to
ordinary attorneys, or 10 the general
run of lawyers who are not in this
case and likewise in the libel suits
against us-that is to say, Rossington
& Smith and Troutman & Stone caused
a number of carriers, or misled them,
that could have no possible standing
in the court because a number of the
plaintiffs are under age and because
they joined in a suit where there
should be individual suits, If any.
The first proceeding was according
fv an announ ncement by Robert Stone,
-eX-carrier and ex-member of the
legislature and present attorueyzto
the erect that he desired to make
divers and Sundry changes IN the
case, in connection with various dis
missals Of the suit on the part of car
riers who are now working under Mr..
MacLennan's new plan, or who for
good reasons desired to Withdraw from
the prosecution of Mr.. MacLennan's
Sunday paper and the plans under
which it must run.
Mr. i. s Ferry. of Ferry & Doran,
covered the morning in citing cases and
presenting authorities to show that
the demurrer filed by Mr.. MacLennan's
attorney should sustained, the injunc-
tiOn dissolved and the proprietor per
mitted to run his own business.
About 2 o'clock the case was resumed
and Mr.. Stone addressed the court at
length.
The following changes in the prose
cution were announced by Mr.. Stone
asking that they be permitted to
amend their petition:
Substituting Mrs Eliza J. Johnson,
next friend, for Fl. L. Johnson: George
Badders, next friend. NJ. L Badders;
Il
Fritts; Forest Mcdonald for F. Nc
Donald; G.. S. Gordon, for F. NJ. Will
1amson; G.. NJ Uhord, next friend, for
Ray TTfford; Albert SeIIe. next friend
FOR u. s. Selle; Rev. Z. s. OFT. next
friend. for c. r. V. OFT; F. E. Davis
next friend, for John Davis; Otis
Doane for Ray C. Doane; w NJ
Forbes, next friend, for r. P
Forbes; Mrs. Elizabeth Smiley, rela-
tive, for ". A. Smiley. Dismissal of
suit was asked on the part of L. S.
Hale, Gilbert Worley, Clinton Cowgirl
y. E. Boyd, r. H. Markham and S.
Sears to be dismissed.
The contention of the attorneys for
the defendant was that the petition
iled by the plaintiff does not state
Facts sufficient to constitute an action:
that no contract exists. whereas the
plaintiffs claim that the defendant is
bound to perform certain acts at the
same time they do not allege that thev
are bound to fulfill their part Of a
contract, if contract exists. further
that there is a missioner of action
and that If there is q cause of action
on the part of the carriers or an in
dividual carrier that it would mean
Lhat as many separate suits should he
brought as there are carriers.
The defendants attorneys further
contended that if a contract is actually
found to exist that the carriers have
their recourse in law in a damage suit
and not by injunction proceedings. and
that if a contract of any kind is
round TO exist that it must be only an
1nterential contract, as it is not al
AeGed IN the petition that a contract of
any other kind exists.
4r. stone admitted during the after
noon Ihar Mr.. MacLennan was solvent
nat was certainly considered and
thanks are herewith extended
me sunday paper must be getting 2
mold on the people. Yesterdays Issue
was Vel received. One carrier shows
an increase Of Ia another of 19: an
other OF Is and so on desDite fba
ciogglng of the wheels.
The Contention
The public should clearly under
stand that the carriers-that is fbe
dissenting carriers-voted almost to a
man and boy that they wanted the
SUNDAY edition abandoned and the price
charged TO the subscribers of ten cents
per SIX papers instead of the present
plan OF ten cents for seven .paber in
clld'n" a double number for SUNDAY
morning.