The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-11-19

sAAsotsa- Aan~. Nov. A--The Santa Fe
.scsssersnip case today developed q d.
.s-s eanAst ossween the state ard Fed
erai courts Judge Myers. OF eae state
court. this morning apDointea Joan Mar-
sins ex-Iaited States senator rs.s.ssver Of
tne roads property in Kansas. In place
o5 Chafses II. Johnson. whom ax nad pre-
ftoCSiy appointed. bur who falle.d 70 as,aa-
~. The order appointing Martin recover
ssso enjoins the railway company from
muaiAs1n6 = any action against aim ia other
toaA the Jefferson coun<y eours. over
Maich Judge Myers pressdes. Albert II.
Hcrton Was the only one OF the opposing
counsel present. but be took no part ex-
sept to make note OF the proceedings.
The railroad attorneys nave not recox-
Mined Judge Myers court Al all, and IL il
tAeir policy not TO do 50.
The court fixed Receiver Martins bond
~ x6.ao0 and designated Meaers. Hiatt. OF
Topeka. and Gephsrt 4 ScaAeffer. OF os-
kaloosa. his attorneys. The court adj
Jeufned antii December I. at : O'Clock
" m
z. >. Csart Enjolns Receiver.
Topeka, Nov Is-Ansfcipssinx the an
poentment OF new receiver by Judge Ny
ers ~ Oskaioosa- A. A Hurd. general at
torney for the railway company. today OBJ
fAined supplemental order from Judge
Foster. OF the United States circuit court.
Tho order directs all the ofAcers and the
Nmpioyes OF the Atcnison, Topeka 4 santa
&s Railway Company in the state OF Kan
- TO continue the operation. manage
came manner as the same has heretofore
been conducted until the further order Of
tase said United States circuit court shall
Be made.
Later. Ros.ngton. Smith Z Dallas. repre-
eenting the Union Trust Company, of New
FORK. whtoh has become q party to the
Action by cross bill filed In the Federal
court last week. appeared before Judge
Foster, and presented lengthy petition
askinG that Senator Martin ct al. be re-
strained from interfering with the present
nAnaSement of the road The petifion re-
1ctte4 the actions Of the Oskaiooea court
n fhs matter. and says:
Notwithstanding the Ming OF the
tFo0script In the case in this court and the
Qf0eFx ni&de by this court. the said district
court OF jefferson county has assumed To
oEnotnt one John Martin as receiver OF the
Er0perty. al the instance Of II. T. Phin-
~. county attorney Of Jefferson county.
Dnsinuin. <the petition holsa that al
the time OF the appointment Of the re-
ceIver the United States circuit court held
jurisdiction over the Jefferson county
court. and that the appointment of Mar
tin is void. Ii therefore prays that Martin.
Phinney and their associates be restrained
from in any manner interfering with the
possession. management or control Of the
railroad and all the property of the rail-
road company in Kansas and elsewhere.
Under the showing thus made Judge
Foster granted restraining order against
Martin and the others named.
just before the restraining order was
served upon him Martin was seen BY q
reporter and said he would qualify as re-
ceiyer Immediately. Later he said he
would respect the order of the United
States conrt.
Hurd. the Santa Fe attorney. says In
his judgment the Federal court has jur1s-
diction over the case, and he believes
Judge Foster will 70 hold.
big fight Is likely to center in Judge
Fosters court. lasting several days. when
the case shall come before him next
week. County Attorney Phinney. who
last week was cooperating with the at
torney general. has resumed his original
status in the case. and is now acting with
keeier. whom he dismissed from the case
last Saturday. Half an hour before court
opened yesterday Phinney was In coasui9
tation with Assistant Attorney General
Goddard. but when the proceedings began
be was halfway back TO his original po-
sition. and In few minutes he was CO.
operating with keeler again.
Ample Room for snail War.
Kansas City. Nov. la-Under Topeka.
Kan. date. the Star this evening prints
the following:
THE turn taken In the Santa Fe receiv-
ership case opens the way for most se-
rsouS conflict between the Federal and
state courts. Should the receiver appointed
hy County Judge Myers finally succeed IN
qualifying and demand possession of the
railway the officers OF the latter would
refuse to yield. standing on the expecfa-
court. would assume jurisdiction of the
case. His authority resisted by the rail-
road people. the receivers course woui
he TO ask Judge Mysfs for an order cali
ing out the posse cornifatus 70 help him
70 take possession OF the property. Such
An order would authorize the sheriff to
summon every male eitizen In Jefferson
possession of the railroad Then Judge
Foster. presuming tina; he would assume
would order the United States
TO appoint An army or special
deputies 10 enforce r1s processes OF hts
court Then the sheriff could call on the
governor for the state miitlas ana the
United States marshal IN turn could ap-
peal to the secretary ef war for troops
and thus bring collision between the
state and the Federal government.
Nobody looks for anything OF this kind
to IN app~n but Assistant Attorney General
Goddard says there IS ample room IN the
cs Sc for f. and should the two courts and
the PARTIES N interest become stubborn
and lose sight OF the real merits OF the case
a miniature war would result. But IL In
likely that after A little furry OF excite
meat sober second thought VIII come and
the case will be settled without even corn
ing 10 a hearing before any court on It's