The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-10-30
Attorney General Jackson Moves
in Two Cent Fare Case.
Denies Right of Federal Courts
to Interfere.
WAIT ON A DECISION
This Question Now Before L. 3
Supreme Court.
Similar Action to Be Taken in
Other Railroad Cases.

Attorney General F. s. Jackson vii
today file in the United States circus
court a demurrer on behalf OF him
self. as attorney general of Kansas, il
the 2-ceut fare case brought by L:
railroads to enioiu the enforcement oi
the 2-cent fare order OF the stats
board OF railroad commissioners.
Mr.. Jackson takes this action on the
same ground that the attorney gener-
al Of Minnesota took when he vfolat-
ed the order of the United States
court, and was fined for contempt Ii
IS the question Of the right of the fed
with a state officer. The Minnesota
case is soon to be argued in the Unit
ed States supreme court.
The 2-cent fare suits were fled by
the railroads against Geo W Kan
aveL Chas- A Ryker, Frank J. Ryan,
railroad commissioners. G. F. Graf
tan, attorney for the board and T. s.
Jackson, attorney general If the de-
murrer will lie in the case OF Mr.
Jackson. it Will also lie in the case of
other defendants, and will force the
railroads to take a new tack in their
fight. No suit can be maintained in a
federal or state court against the SOW
erefgn state, and the contention of
Mr.. Jackson is that q suit against
himself, as attorney general. is the
same as a suit against the state.
A similar demurrer will be filed in
the United States court to the suit
brought by the Rock Island railway to
enjoin the enforcement of the boards
order for the moving Of the depot at
Mcfarland.
It IS likely that the hearing of this
demurrer will be postponed to await
the decision Of the United States SUI
preme court in the Minnesota case If
that decision says that a state can not
be sued through its officers. then the
IN TTTr7 r-~ frNy- to II
der will collapse.
The following is a portion of Mr.. Jack
sons demurrer:
That it appears from said bill Of
complaint Of plaintiff that this court
has no Jurisdiction TO hear and deter
mine this action as against this de-
PENDANT
That said bill Of complaint Of plain
til is wholly without equity as against
this defendant
That it appears upon the face of the
bill Of complaint herein. that the COM
pIainant has Joined this defendant
herein sole " for the purpose of en-
joining him from performing his gen
eraI duties at attorney general of the
state Of Kansas, under the constitution
of kansas and the laws made in pursTI-
auce thereof
That the attorney general OF the
state of Kansas is the principal con-
stitutiona1 law officer and legal repre-
seuta tive of the state Of Kansas in all
Httga ton involving the laws, rights and
local sovereignty of the state of KAN
sas, and the attorney general has only
the general duty to prosecute and de-
f6ud all suits brought for or against
the state Of Kansas and has no other
duty, nor has the said attorney general
any special duty in relation to the rail-
road corporations, parties to this suit;
and the attorney general of the state
OF Kansas has no private interest in
any litigation involving the laws, rights
NJ -
Kansas; nor can the attorney general
be enjotued IN anv court, state or fed
era1, from prosecuting or defending any
action. suit or other proceeding in be-
half of the state of Kansas
Wherefore, and for divers other
good causes of demurrer appearing on
sa d bill, this defendant demurs there
to and he prays the Judgment of this
honorable court whether he shall be
compelled to make further or any an
swer to said bill; and he humbly prays
to be hence dismissed with his reason
able costs in his behalf sustained