The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-16
TAKES BOLD STAND.
Kansas City Attorneys Attack Truth
of United States Courts Decree.

Can attorneys claim that court
decree Of a United States court mis-
represents the facts and get away
without being held in contempt OF
court?
In filing an appeal from the decree
of Judge John c. Pollock in the
United States circuit court fixing the
width of the Kansas river at 500 feet
in the suit between the Kaw valley
drainage board of Wyandotte county
on one side and the Rock Island, Union
Pacific. Kansas City Southern.
company. New England Trust com
pany and the Kansas City Stock Yards
company, which was entered at the
time by Judge Pollock with the I'M
Outstanding that it was with the con-
sent of all parties to the suit, the de-
cree is attacked as stating an untruth.
Keplinger & Trickett, who filed the
appeal, taking the suit to the United
States circuit court of appeals, assert
that: without authority of law the
decree recites as facts matters which
never occurerd; also that said decree
represents matters as having taken
place by consent of the parties given
at the time of the rendition of the de-
cree which in fact never were cons emit
ed to, either at the time of the rendi-
ito nof the decree or at any time, and
especially that in important and ma
terial respects said decree varies from
the plan OF the compromise proposed
at the Topeka conference and said de-
cree is inequitable and unreasonable
and contains material matters preju-
dicial to your orators who'll youtside Of
the pleading which were never assent
ed to by your orators"
The above is a recitation of the plea
on which the attorneys for the COM
plainants desire the United States cir
cult court of appeals to set aside a
decree of the lower court fixing the
xr-fI IL,
river near It's mouth at 500 feet. Thu
drainage board does not want to be
held to the 500 feet as the width which
in the scheme of improvements they
have planned shall relieve the imme-
date lands immediate to the river
from flood waters.
And then continuing the petition asks
what 1t would like the superior court
to do: And your orators pray that
said decree be corrected and that each
and every part thereof that purports to
be by consent be stricken out and that
so far as said decree purports to have
been upon the merits and so far as said
decree shows that there ever was any
hearing upon the masters report and
the findings so far as relates to the
bonds provided for in engineers report
and the action of the court therein be
stricken out and that as to said mat
tiers, said causes be ordered to be set
down for hearing upon the merits or
That II Such rel1ef be deemed 1neQu1ta-
BILE that said decree be wholly set aside
and said cause be set down for hearing
upon the merits and that your orators
have such other and different relief as
in equity may be proper.
Charles Blood Smith of Topeka was
the special master appointed by the
court TO hear testimony and after sew
eral hearings extending over a long
period Of time the compromise which it
was thought effectuallv disposed of tie
controversy was reached in October,
1907
But the drainage hoard consisting of
J. o. Miner. Fred Meyer, L. J. GILES,
P. J. Monohan and w H. Daniels
started to kick over the traces bidding
fair to reopen the whole matter.