The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-19
STOPS THE SALE.
Clay Center Quarrel Again in
Supreme Court.
Mr.. Coleman Who Lost in Lower
Court Appeals.
JACKSON SIGNED 1T.
Action Commenced Through
Attorney Generals Office.
Another Chapter in Contest Be-
tween City and Light Co.

1t is now up to the Kansas supreme
court to decide the much talked of Clay
Center electric light bond case. The
appeal from the decision of Judge Kim
bic of the Clay county district court
was filed Monday, and the supreme
court granted a restraining order TO
maintain in effect the temporary IN
junction of the lower court. preventing
the sale of the disputed Clay Center
bonds.
This $25,00O bond issue is really at the
bottom of the Clay Center town row.
1t started when c. G. Coleman, then
attorney general, allowed himself to use
the name of the state in an injunction
proceeding brought in the Clay county
district court to prevent the issuance
and sale of the Clay Center bonds py
which. the people of Clay Center ex-
pected to derive the funds to build
city electric light plant.
The restraining order of the supreme
court says:
whereas, A temporary injunction
was granted in the above entitled case
by the judge of the district court OF
Clay county, Kansas; and
Whereas, On the final nearing OIL
said cause permanent injunction was
refused; and
Whereas. This proceeding is brought
for the purpose of reversing the 1uog-
ment of the said district court refusing
said injunction; and
Whereas, By an order of the dis
trict court made at the time of render
ing said judgment the. order d1ssoiv-
ing said temporary injunction was
stayed for a period of 80 days, which
has not yet expired,
Now, therefore. it is hereby order
ed that the temporary injunction, as
granted by the Judge of the district
court of Clay county. remain in force,
and the order dissolving the same re-
main suspended during the pendency
of said cause in this court, and until
the said cause shall have been decided
in this court; provided that on or be-
fore the 21st day Of February, 1907, the
said plaintiff in error file in this court
a bond as required by law in the sum
of $4,000
jackson Signs the Appeal.
AT the time Attorney General Cole
man allowed himself, as attorney for
the light company. to use the name or
the city of Clay Center. he. was sub
jected to a great deal Of criticism by
Clay Center people for his act. Many
Clay Center people thought that the
case was such that the states name
should not have been granted, but the
bjection was that Coleman, a
citizen of Clay Center, should, resort to
such measures to defeat the will of
the people of the town
In the action in appeal the papers
are signed not only by Coleman & Will
liams. but by Attorney General F. S.
Jackson, who has succeeded Coleman
in office.
1t is not believed that the indigna-
ton of the people of Clay Center will
exist against Jackson in signing the
appeal, for the case was already in
court, and it is likely that it could
have been appealed even had Jackson
refused TO allow his name to go on the
papers.
Was a Peculiar Decision.
The decision rendered by Sam Kim
BILE, judge of the Clay county court,
was one of the peculiar features of the
case.
Coleman & williams and John E.
Hessin. in pleading for the issuance of
the injunction to stop the sale of the
Clay Center bonds. had urged that the
election at which the bonds were voted
was illegal, and that the statute under
which they were issued was void. The
of the election depended to a |
great extent on the time of the publi- |
cation of the bond ordinance and the |
notice of the election. and on this
point a very close decision was neces-
sary When the arguments had been |
made, Judge Kimble indicated strong |
y that he would grant the injunction, |
0n the ground that the election was in
valid. F. B. Dawes, who was the head |
counsel for the city. urged the court to |
AXE a little more time to study over
he case The court did so, and after |
celebrating, came to the conclusion |
hat the election was valid, and the |
ponds therefore legally issued This |
decision came as a great surprise to |
he attorneys for the electric light |
company, who had figured that they |
had the case as good as won.
City Has Been Busy.
The city officials of Clay Center got |
ousy' as soon as the court had refused I
o issue the injunction. and nave been
iguring on contracts and on prices for /
I'll the material needed in the con-
truction of the plant.
1t is likely that the order of the |
.ourt restraining any further proceed
ngs forbidden by the original tempor-
Try injunction. which was based on
he petition of the company against
he city, will put a stop to the work of /
a city electric light plant |
n the city of Clay Center until the
.ase is given it's hearing in the su-
,reme court. 1t will probab bly, be about
en- months before the case is finally
lecided by the supreme court, unless a
notion to advance the case is made
md allowed.