The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1894-05-11
LEwELLING REFUSES AID.
VIII Take No Hand I'm Capturing Gen
eral Snnders' Arnli.

VIII Take No Hand In Capturing Gem
erai Sanders Army.
TOPEKA, Kas., May l0-B. p Wng-
gener, attorney for the Missouri Pa
cific railway, arrived here yesterday
afternoon by special train over the
Santa Fc road to enlist the assistance
of the federal and state authorities in
recovering the train captured by the
Colorado commonwealers. United
States Marshal Neely was summoned
fium Fort Scott and arrived at
o'clock last cvening. Waggcner
also communicated with the local
attorney. Wilson. at Salina, and in
struct ad him to have the authorities
of Saline county take prompt action
to head off the train when IT arrives
at that point, but Wilson replied inn
mediatcly th2t1 county attorney
refused to any steps in that di-
rection pad that the people of Salina
wou'd not only decline to interfere in
the matter but would use every means
in their power to prevent the train
from stopping there, as they would be
unable to provide for such an addi-
tion to their population.
Mr. Waggener then sent note to
Governor Lcwelling requesting him
to exercise his authority as the chief
executive officer of the state in assist
ing the railroad company to recover
its train, to prevent the interruption
of mails and traffic on the road and to
avoid damage to private property and
the possible loss of many lives by the
reckless conduct of this unlawful body
of men.
Governor Lewelling replied as fol-
lows:
Hon ID T. Waggener General Attorney Mis-.
souri, Pacific Railroad company.
Dear sir am Ia receipt o. your communi-
cation OF May ., 1884, han led me by special
that mob consisting OF about 5oj men have
stolen train be on in TO your company and
are proceedin east with IL. cndanS ering the
life AMI pr perty OF the travelins pu0ltc You
ask me In thi, emergency as governor OF the
state TO render assistance in rescuing your
property and protecting the trave!in public
In reply, perm me to saw that no Official in
formation has been received AZ this OiiiSe that
tho peace onicers OF any particular county
have failed or refused to perform their duty
II, Us stated by you, the county authorities
have failed TO act as demanded by your com
pany, it is safe to presume that, In their tudg
inert. no criminal oiiense has be IN committed
beg to say. therefore that
without additional evidence, and until
the peace oficers themselves or
heard from, 1 would deem 1t unwise to tako
Official action Indeed. II the peace ON
themselves have failed 10 perform thelr duty
IL still remains that no authority Is conferred
by tho statutes upon the executive, except
the power to order out the militia ol the state,
gni l am constrained to believe that the cir
cumstances in the case are not sumcient 10
warr..at sach action Yours re respectfully,
l.. d. LRwELIING. Governor
The attorneys representing the Mis-
souri, Pacific then went before United
States Commissioner f. A. Wag-
gener of Topeka and swore out writ
for the arrest of the persons wrong
fully in possessian of the train on a
charge of obstructing the railroad and
interfering with the United States
mail.
The writ was placed in the hands OF
United States Marshal Neely, and he
has sworn in large force OF deputies
to assist in its execution. The mar
shall and his deputies, together with
the officials of the road, left by special
train at 1890 last night to intercept the
Coxey train at Geneseo, Rice county
which point they expect TO reach to
day. The marshal secured arms anc
ammunition here, with which his
deputies will be supplied, and will in
sist on strict obedience to the law
The deputies already secured number
about fifty, but the special train WI
accommodate 200 men, and II II u
thought necessary, additional depu
ties Will be sworn in before the trains
meet.