The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-03
SLEEP ON ARMS.
Warning Faction in Gas Fight
Arrange a Truce.
New Move Made in Supreme
Court Today.
STAND BY SMELLING.
Pipe Line People Will Fight
His Battles.
Conspiracy Is Charged to Gas
Protection Association.

For the present. there will be truce
in the fight between the Montgomery
county people and the pipe line com
pany over the question of taking south
ern Kansas gas to Kansas City and
other towns.
This morning the attorneys for the
pipe line company, by dint of labor dur
ing the previous night, were able to file
with the supreme court certain docu-
ments which put them in the position
of defending Judge George r. Smelling,
of the Coffeyville city court, who re-
fused to disobey the injunction issued
by Judge F1annelly, which injunction
provided that no warrants should be
issued for the arrest of laborers en-
ployed in the construction of the pipe
line.
Judge SnelIing's refusal to issue these
warrants caused the Gas Protective
association to bring mandamus pro-
ceedings in the supreme court to COM
pei him to issue these warrants. Judge
Sne1ling's answer to this mandamus
action did not attempt any defense. He
simply said that he awaited instruc-
tions from the supreme court on the
question at issue. He signified his in
tention of making no defense of his po-
sition at the time of the hearing. This
made it necessary for the pipe line at
torneys to come to his defense. for it
was important to the pipe line COM
pany that Smelling should be sustained
by the supreme court.
A conference of the attorneys repre-
senting the opposing sides was held
this afternoon, and it was agreed to al
low the Smelling case to come up on its
merits at a time to be fixed by the
court, with the pipe line attorneys ap-
Ill nc
intervening petitioners. The court has
not yet fixed the time for the hearing
but it is likely to take place within a
short time.
In addition to the motion asking to
be allowed to intervene in the suit, the
gas company attorneys filed a long af-
fidayit, setting forth the story Of the
attempts made to stop the work Of con-
structing the pipe line by means OF
warrants for the arrest of the laborers-
This leads up to the charge of a con-
spiracy on the part of the officials to
interfere with the work of the COM
pany, and the intimation that it was by
means of speeches by County Attorney
Mayo Thomas and Sheriff Andy PruItt
that the people were infiamed to dyna-
mite the pipe line. The following IS
the accusation:
"Afiant further says all of the
arrests and prosecutions of the laborers
of said the Kansas Natural Gas, OIL
Pipe Line and Improvement company,
as herCinbefore recited, were made and
had wholly in pursuance of the wrong
full and unlawful agreement entered in
to, as hereinbefore recited, for the pur-
pose of preventing the transportation
Of natural gas beyond the limits of
Montgomery county, Kan That while
such arrests We're being made, public
meetings were held at the cities OF
CherryVale, Independence and corey
vile in said Montgomery county, which
said public meetings were participated
in by the persons who had instlgated
y, h
lie meetings public speeches We're made
by Mayo Thomas, county attorney of
Montgomery county, Andy Pru1tt, sher-
iff of said county, and various other
persons associated in such unlawful
and wrongful agreement, which said
speeches were in substance to the erect
that the gas procured in Montgomery y
county should be retained to be used
in said county, and that if there We're
no law to prevent the transportation OF
said gas from said county, the people
of such county should find themselves
a law, and that the law of self-preser-
yation would be sufficient for such pur-
pose."
supreme court the attorneys for the Gas
Protective association withdrew their ap-
plication for an order restraining the gas
company from piping gas out OF mont
gornery county This was supplemental
application to the quo warranto suit filed
a few days ago against the gas com
Tie attorneys for the Gas Protective as
sociation stated to the court that the con-
struction of the pipe line in Montgomery
county had been practically completed,
and that no good end would be attained
by a restraining order. They were there
fore willing to withdraw the application.
The next move will be for the pipe line
company to file its answer to the quo
warranto suit and the case will be heard
on its merits.
There is a strong array of talent repre-
senting the contending parties at the bar.
Judge Frank Doster and w. G. Ziegler,
the latter from Coffeyville, are looking
after the interests of the Gas Protective
association. Lee & Mackey of Pittsburg,
Pa H c. Dooley, S. H. Piper, F. J.
F"ritch, John J. Jones and c. E. Benton
are all enrolled by the pipe line concern.
All TIE gas cases were this afternoon
set down for hearing on February 4.