The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-26
HEE HAW CASEAPPEALED|
Supreme Court VIII Say Whether
Jackasses May Bray.

The supreme court will have a great
question on it's hands in a case just ap-
pealed from the Shawnee county dis
trict court, which halls from Richland.
Harriet 1. Farnsworth is postnis-
tress at Richland. Right next door,
says the petition, on a place owned by
Tibbits, is a breeding stable. "On said
premises, are kept" states the COM
plant, zone or more jackasses and
horses for breeding purposes, and that
by reason of the various noises and the
loud talk concerning said breeding;
that because the braying of the asses
force suspension of the use of the tele-
phone and all conversation; and that
the place is a public nuisance, it is
very annoying to the patrons of the
postoffice and to the postmistress and
her family
She asked for a temporary restrain
ing order in the Shawnee county dis
trict court and received it. Later on
the defendants stated that it had not
been properly granted and it was re-
pealed. Now the state brings the case
to the supreme court.
The Cincinnati Enquirer prints the
Following story of this case as first
page leader:
No power on earth can prevent
jackass from braying. This court is
pOwerleSs to grant relief in this case
Judge Dana in dismissing suit
brought by the postmistress of Rich
land, Kan, against the owners of
number of jackasses, to prevent their
braying.
"Tibbetts & Holtz own a livery
stable in Richland, and it is the next
door neighbor to the postoffice. The
postmistress resides in the apartments
sorely annoyed during the day and
night by the raucous braying of the
discontinued jacks in the livery barn.
whenever she sought to while away
h0 TOR Il Qk1-
herself the jacks would break in and
agitate the atmosphere with their dis
tracing noise. At night when she
raised her windows to get breath OF
by the hee-haws of the jacks.
She appealed to the owners of the
stable to suppress the animals, but
they politely Informed her that to bray
was the chief delight and function of a
Jackass, and they could not prevent it.
Furthermore, the nature of their bust
ness precluded sending the offending
animals away for the night. Finally
she appealed to the court and secured
from judge in Shawnee county a
temporary injunction against Messrs.
Tibbetts & Hotz.
Then she gave final warning that the
noise must cease. They Immediately
| took the case before Judge Dana and
the case was argued today. It was one
of the most unique hearings in the his
| tory of Kansas even, which is the au-
thor and scene of many unique things.
| In their reply to the injunction
Messrs. Tibbetts & Eotz set up that the
courts, and, in fact. all human ma
chinery, stood absolute powerIess to
prevent the braying of jackass. They
| cited instances where various exped-
| tents had been tried, such as dynamite
muzzling, solitary confinement, etc, but
all efforts had proved futile. 1t was
ably argued that the Missouri and Kan
sas jack or mule is a peculiar animal
and that his prediction for braying
and kicking had been a popularity of
the jackass from the beginning of the
world and would be so to the end there
of.
While they regretted that any of
their property should prove annoying to
the postmistress of Richland, for which
lady they had profound esteem, they
could not prevent their jacks hee- haw-
| ing, nor could they cripple their own
business by disposing of the animals
| and your petitioners will ever pray,
etc
Judge Dana pondered al some length
| over the case and finally announced
that he would dissolve the Injunction
| 1t is apparent to any student of animal
nature he said, that human agencies
are helpless to prevent the braying of a
| jackass. 1t is his nature, and the courts
can afford no relief. Let the order dis
missing this case be entered'''