The Leavenworth weekly times., 1879-07-03


er possession, Il ousted him." That is the
affidavit. What right had he to oust any
body in this world l would like to know?
When be had said to these officers: You
must deliver this possession" he hsd done
the last thing he was required. That very
affidavit, oes 10 show tnst the sheriff and
his posse did undertake 10 Gust these peO-
pie under that writ and not by virtue OF
what Judge Usher claims.
Judge Usher-"Thst was an arrest for
an unlawful asseTblage"
Judge Miller-'1 can assume what that
affidavit says is true for that side. He ar
rested one Of these men in possession Of the
road. don't care what reason he gives for
it. | Am not trying this case. Judge Hal
lett may hear you. He can do a. he pleases.
Lam of the opinion that the sfiidsvits that
were read here last week show that the |
parties we're using that writ to turn these
men ont Of their office, and because some
would not yield obediercn, they were ar
rested. II these men dii-even uuder that |
writ, and even if il was a valid Witt
they did eject the Atchison and Topeka
people against their consent, they ought to
be restored, because it is the business Of
this court to see that its suitors and lii
have their rights; and in this court, I am
very glad to say, Judge Hsllett is no. in
such hot haste and in that course | concur
to issue wri,s for the possession OF three
hundred and ihirty-five miles of railway,
that he don't give time for opportunity and
consider alton. He ia acting jndiciously
and calmly, and with a calmness which
will be considered, and with power which
III l.a aot.l han tho
When he says, IL make the order-I don't
serd sheritfs 10 take sudden possession-I
comm and that road to deliver possession"
unless they have some letter reason for
not delivering possession than any / have
heard, l consider it my duty as a Judge
OF the Supreme Court OF the United States,
the highest court in the land, that not
with.tanding the instructions that these
orders of Judge Hallett's may be resisted, l
must express tie opinion and the hope that
they will not be resisted and my conviction
that If any resistance is attempted it will
be unavailing and disastrous to the parties
who attempt il.
| Commenting upon the decision Of the
court of the Denver Tribune, under the
heading Fright is Might" has the follow
ing editorial remarks:
Colorado can look the country in. the
face again. A dangerous possibility had
the State by the threat, but it has been
shaken of, and, with the removal Of the
pressure, people can breathe more easily.
The Nation (spelled with big NJ has
stepped in, and what ia right has been de-
clared right. Therefore every honest citi-
Zen has cause to rejoice.
1 Wa do in th of ha
case which was decided Yesterday was the
most important which has ever come up
for adjudication in the Centennial State.
1t was one which concerned not only the
present but the future; not simply one en-
terprise but many. Had it been sustained
it would have been Pandora's box
filled with disaster to the pub
lie veal 1t would have shaken
confidence in the integrity of the State, and
stood upon our records guide post point
ing capitalists in another direction. 1t
matters not how a mans sympathies may
be. He may shout for the Denver and
Rio Grande or throw up his hat for the
Atchi.on, Topeka and Santa Fe. In either
event he must admit that if the precedent
born Of the Attorney-Gener bill had
been established firmly, it would have
poisoned the young strength OF the State
with fatal poison. Viewed in its later
aspects the fight was simply one between
what all the State knew TO be wrong and
what all the State knew to be right. There
il not decent man in Colorado to-day
who will say hopestly that the Attorney
General h.d any right to interfere in this
suit The bread-ahd- butter brigade may
whine out a defense of him for a stipend,
but the Jingle of the casn is heard above the
delivery and apoils its effect. The bar and
the people, the Republican party and the
Democratic party-all men for whose ex-
pressed opinion in the case an equivalent in
charity is not given-unite in an expression
| of relief that the end aimed at has not been
accomplished, 1t was wicked in its con-
ception; it WAS bloody in its partial execu-
ton; and it is meet that the strong, digni-
fled hand Of the Federal Court should be the
one to throttle out its staiaed life as eli
max. From the beginning of the present
proceedings it has been in defiance of con-
stituted authority. The one thing it
dreaded was justice and thai one thing has
come upon it. Nemesis msy follow in a
go-as-you-please gait for long time but
it always swings alongside at the last.
The granting of the order yesterday was
sn especially good thing for Denver. Some
Of our citizens, under the impression that il
| 1t were once settled that the lease was to be
broken the Atchison would build to Denver,
rather wished for..such result Had it come
In the way threatened they would have been
sadly disappointed. In such an event the
Southern road would not have built to Den
yer, and We say this on authority. 1t would
have made TO more investments in State
which afforded il no protection-not only