The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-11-23
BIG CASE OPENS.
The Hearing of the Santa Fe
ReceiVership Suit
Begins Before Judge C. g. FOs-
ter Today.
SANTA FE'S LAWYERS
Win EndeavOr to Prove a Stock
JObbing Conspiracy
Was at the Bottom of the Ap-
pOintment.
SANTA FE'S LAWYERS

The hearing in the Santa Fe receiv-
el'ship case began this afternoon before
Judge Foster in the United States cir
cult court shortly after 2 o'clock.
A special car bearing President E p.
Ripley, General Solicitor r. D. Kenna-
Solicitor Robert Dunlap ana c.. n
Sterry of Los Angeles. Cal. general
solicitor of the Southern California rail-
way. arrived in this city over the
Santa Fe yesterday afternoon Presi-
dent Ripley is deeply interested IN the
receivership case and came to Topeka
to be present at the hearing. He viii
probably remain in this city until some
settlement of the case is reached
Judge C. N Sterry, who is now gen
eral solicitor of the Southern California
road, was for several years connected
with the Santa. F'e legal department as
attorney at EmpOria, removing from
that point to Albuquerque, n. NJ, to
accept the position of general solicitor
OF the Atlantic & Pacific. This posi-
tiOn he held until a few months ago,
when he was appointed to his present
position Judge SteFrytS ability as a
lawyer and his familiarity with KAN
sas law are the reasons for his retain
ment by the Santa F'e legal department
in the receivership case.
Judge Sterry has made a careful
study Of the receivership case since the
action was first instituted. and says
it is a case where there is absolutely
no doubt about the final outcome. we
are glad to meet this point and have it
settled" said Judge SteTry- 1T will be
only question of time until a thor
oughly satisfactory settlement is
eve have absolute evidence in our
possession which shows that the action
for the appointment of a receiver was
the result of a stock jobbing conspir-
acy with a view of making a fortune
by speculation The conspiracy eX-
tended to New York, Chicago, St. Louis,
Kansas City and St Joseph Of course
the evidence of a conspiracy viii not
affect the merits Of the case. but 1t VIII
show that it was wholly proper for
the attorney general to remove the case
from the court where the action re-
sulting from this conspiracy was ins1-
tuted 1t viii show that he refuses to
have the name of the state used as a
shield for private individuals to work
under in the forwarding OF lnetViausrl
4 have heard that contempt pro
ceedings are likely TO be Instituted by
judge Myers against the parties IN
terested in the removal of the case to
the federal court. All have to say
is that he cannot make an arrest OF
the parties any too quick to suit US
This will give us a chance to take the
matter into the supreme court. and this
is a chance which we are looking for
I'm vOur opinion is a clash probable
between the state and federal judicial
powers as the result OF the recelVershlp
case2" was asked
'tNo I don't anticipate a conflict OF
any kind" replied Judge Sterry Should
Judge Myers hold that he had jurisdic-
tfnn over the case after Judge Foster
decided that he had not, il would un-
doubtedly result ll lHe aILSst ~ ~ 7olll1 ,
parties by Oorh courts Dut tAlhA Dolh
sides would be Wiling 70 let the 1nalteE
stand at that ana lel tlls tsisS Solile l "
before the supreme eOui Z ~ III p ~
Judge Myers cOulu authorize lis sil4l ia
to seize the property OF the company IN
Jefferson county. but in that event we
would SIMPLY cease 9 pei e1tlll5 1AiS Aoe1H
in that county until lhe AildltVl was SCI
tied.
In any event, Whetlef Judge r Fostef
remands the case or Suase myers Or
ders the receiver 10 take possession, tIie
company has not the sllghlest lnlen-
tion of surrenderlng Ihe property w neh
a case is started thefe IS no teiiinB
where it viii stop ana TINS case may &c
to the supreme court OF li4e Cllleu
States.
Dispositions OF a w OllVer' IRA
Welch. W. A Inomas an9 frailSls .5
g. Flanagan, taken IN me once 9l tliS
general solicitor OF the y. Louis q SaI
Francisco road IN 81 A-ouls Eliuds anu
Saturday of last week, We're hled in the
Office OF the clerk OF the circuit court
tlan2g gan are RESIDENTS OF - 70 anu
Oliver IS q resident 0A " lcilta, AetH-'
but at present IN 81 LOUIS Tor the puI-
pose of speculatl9h- CllNei states ms
business TO be thal OF q speeuIalof'
Welch- insurance auJ usler 1nOHas,
business speculatOrs and Flanagan, real
estate agent
The dispositions OF the -FOUR men snow
tht tip Tor the purpose ol specula-
tion was received py ira Welch from AZ
SPECTATOR p Kansas 1itgs ia ot- A1oliS
on October 81. Ihe tip was received
during a conversation held between
Welch and Pinkney, and was to the eff