the intent of the legislature of said state and contrary to the construction placed thereon by its highest court of record. That the time necessarily involved in obtaining a decision of the supreme court of the United States upon its application, by reason of the distance from San Francisco to the place of trial and the residence of the attorneys for the defendant in error, is such as to make it impossible for the defendant in error to obtain a ruling upon its application within the time prescribed by Rule 32 of this court for the issuance of mandate upon the judgment of this court. This application is based on the grounds above enumerated, and upon the entire record herein and the affidavit attached hereto. C. H. WINDERS. Attorney for Defendant in Error, Northern Pacific Railway Company. 21. Affidavit. United States of America, County of King,—ss. C. H. Winders, being first duly sworn, deposes and says: That he is attorney of record for the defendant in error; that on the 16th day of February, 1914, the above-entitled court made and entered its opinion and order reversing the decision and judgment entered in this cause by the United States district court for the western district of Washington northern division; that by its opinion this court construed what is known as the Workmen's Compensation Act of the state of Washington, placing thereon a construction different from that announced by the honorable district judge before whom this case was tried; that the defendant in error, believing that the court was in error in adopting the construction as set forth in its opinion, and further believing that the construction of the statute in question is one of public importance, has decided to apply to the supreme court of the United States for a writ of certiorari, asking such court to review the opinion and decision of this court, and for such purpose affiant, on behalf of said defendant in error, has obtained, or is now obtaining, from the clerk of this court a certified copy of the entire record in this case, and is preparing a petition in conformity to the rules of the supreme court of the United States, and will, as soon as such certified copy of the record herein has been received, file said petition in the supreme court of the United States, asking such court to issue a writ of certiorari to the above-entitled court for the purpose of reviewing, as aforesaid, its judgment and decision; that affiant believes that the importance of the questions involved in the opinion of this court, growing out of the construction of the Compensation Act of the state of Washington, is such as to make it to the interest of the bar of the state of Washington as a whole to have the questions involved passed upon by the supreme court of the United States; and affiant further states that the construction given by this court to the statute referred to is not the construction which has been given by some of the superior courts of the state of Washington, and, in affiant's opinion, is contrary to the interpretation placed upon said statute by the supreme court of the state of Washington; that by reason of the location of the attorneys for the defendant in error it will be impossible to file a petition for a writ of certiorari in the supreme court of the United States and have a ruling thereon prior to the time provided for by Rule 32 of this court for the issuance of mandate, but that due diligence is being and will be used in the filing of said petition and the obtaining of a ruling of the supreme court of the United States thereon. C. H. WINDERS. Subscribed and sworn to before me this 13th day of March, 1914. F. C. REAGAN, Notary Public in and for the State of Washington, residing at Seattle. United States of America, State of Washington, County of King,-ss. C. H. Winders, being first duly sworn, deposes and says: That he is attorney for the defendant in error, and as such has prepared the foregoing motion for a stay of mandate, as stated in the preceding affidavit; that a petition for a writ of certiorari is now being prepared and will be filed in the supreme court of the United States about the time of the presentation of said motion; that affiant and other of the attorneys for the defendant in error, and its general counsel, have fully considered the judgment of this court, and in good faith have arrived at the opinion that a writ of certiorari should be applied for, and that this application, in the opinion of affiant, is meritorious and is not in any way interposed for the purpose of delay. C. H. WINDERS. 22. Notice [of Motion for Order Staying Mandate]. 23. Order Staying Mandate. The motion of the defendant in error, Northern Pacific Railway Company, for an order staying mandate upon the judgment of this court heretofore entered on the 16th day of February, 1914, coming on for hearing this day in chambers, and it appearing that the time for the issuance of mandate has not elapsed, and it further appearing that the defendant in error is about to file its petition in the supreme court of the United States for a writ of certiorari to review the decision and judgment of this court entered as aforesaid, and has ordered from the clerk of this court for such purpose a certified copy of the entire record of this cause, as required by the rules of the supreme court of the United States, and it appearing that it is proper, pending a decision of the supreme court of the United States upon the application of the defendant in error for a writ of certiorari, that the mandate upon the judgment of this court to the United States district court for the western district of Washington, northern division, be stayed, and that the questions involved in the judgment of this court are of such importance as to justify the filing of such application, and all of the premises being understood; It is now ordered that the issuance of mandate upon the judgment of this court be and the same is hereby stayed, pending a decision of the supreme court of the United States upon the application of the defendant in error for a writ of certiorari to review the decision and judgment of this court entered herein. on the 16th day of February, 1914. Dated this 17th day of March, 1914. WM. M. MORROW, Judge. 24. Certificate of Clerk U. S. Circuit Court of Appeals to Record Certified Under Section 3 of Rule 37 of the Rules of the Supreme Court of the United States. 25. Writ of Certiorari. UNITED STATES OF AMERICA, ss: [Seal of the supreme court of the United States.] The President of the United States of America to the Honorable the Judges of the United States Circuit Court of Appeals for the Ninth Circuit, Greeting: Being informed that there is now pending before you a suit in which Mary A. Meese, May Meese, Edith Meese, Anna Meese, and Alfred Meese et al., minors, by their guardian ad litem, Mary A. Meese, are plaintiffs in error, and Northern Pacific Railway Company is defendant in error, which suit was removed into the said circuit court of appeals by virtue of a writ of error to the district court of the United States for the western district of Washington, and we, being willing for certain reasons that the said cause and the record and proceedings therein should be certified by the said circuit court of appeals and removed into the supreme court of the United States, Do hereby command you that you send without delay to the said supreme court, as aforesaid, the record and proceedings in said cause, so that the said supreme court may act thereon as of right and according to law ought to be done. Witness the Honorable Edward D. White, Chief Justice of the United States, the twenty-ninth day of April, in the year of our Lord one thousand nine hundred and fourteen. JAMES D. MAHER, Clerk of the Supreme Court of the United States. 26. Stipulation as to Record. 27. Return to Writ of Certiorari. By direction of the honorable the judges of the United States circuit court of appeals for the ninth circuit, I, Frank D. Monckton, as clerk of said court, in obedience to the annexed writ of certiorari issued out of the honorable the supreme court of the United States and addressed to the honorable the judges of the United States circuit court of appeals for the ninth circuit, In testimony Whereof, I have hereunto set my hand and Clerk of the United States Circuit Court of Appeals for the Ninth Circuit. (24,702) SUPREME COURT OF THE UNITED STATES October Term, 1915. (See 240 U. S, 227; 95 Kas. 261.) THE KANSAS CITY, FORT SCOTT & MEMPHIS RAILWAY COMPANY, Plaintiff in Error, vs. J. T. BOTKIN, Secretary of State of the State of Kansas. IN ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. TRANSCRIPT OF THE RECORD. INDEX. Caption Notice of appeal.. Judgment of district court.. Clerk's certificate |