The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-11-12
SANTA Re RECEIYERsHIP.
Latest Developments Of the Unique
Affair Add Little Interest.

looked for 1nnleqlaNEiy
AFTER the story Of the conspiracy to
speculate in Santa F-e stocks appeared
in the state Journal last evening.
Judge Henry Keller authorized astate-
ment published 10 the effect that pro
ceedings would be commenced at once.
citing Governor Morrill,, Attorney Gen
eraI Dawes. Assistant Attorney Gen
era1 GODDARD. General Solicitor kenna
and Solicitor Hurd Of the Santa F7e,
and Judge A. r. Horton TO appear be-
fore Judge Myers and show why they
should not be punished for contempt
of court The charge was that a con-
spiracy had been entered into between
the state officials mentioned and the
Santa Re legal department TO thWaru
the power of the district court. and
that the railway officials had cast a
reflection on tha integrity of the court
which should not go unnoueed-
1t was also stated that Judge Myers.
who IS now holding court at Holton.
would be asked to convene court IN
special session at Oskaloosa as soon as
possible, when the facts could be pre-
scented and an investigation made
This morning the matter had evz-
IDENTIFY been reconsidered- as Mr. Keller
and Mr. HiCe stated that there was no
intention on their part to cite the above
mentioned parties to appear before
Judge Myers Mr. Hite stated that
Judge Myers would undOu btedly inves-
tigate the charge of q conspiracy haV-
ing been formed in bringing the suit.
or not the court had been abused He
said that if Investigation developed the
fact that there was a conspiracy. and
that the suit was simply result of the
conspiracy. that all alleged to be in
terested. including himself and 1Ir-
Keller should be punished He also
said that they were perfectly willing
and hoped that an investigation would
be made.
The possibility of bringing the above
mentioned parties before Judge Myers
TO answer for contempt OF court is
laughed at by the legal department OF
the Santa Fe A A. GODDARD. assist
ant attorney general said today that
lit was simply a bluff. and that il was
his opinion Judge Myers had too much
intelligence to do such q thing
Yesterday evening Charles f. John
son and County Attorney Phinney Of
Oskaloosa came 10 this city Mr.
Phinnay had conference with Massrs
Keller and Eite and about o'clock
the following statement was issued by
Mr. Keller as a result OF the confer
ence-
The conspiracy exploited by the
railway company is purely magma
ton The papers in the action were
all prepared. ready for fling, long be-
fore any one concerned in the suit had
any thought that any stock specula-
lions could possibly grow out of it, The
petition and suggested order were sub
rnitted to Judge Myers some time be-
fore the October term of his court, so
that he might have ample time to ex-
anime them and the law upon the sub
jecr-
1T was then intended to apply for the
order early in the term. but the coun-
ry attorney. who was a candidate for
reelection and engaged in political
canvass. concluded that he preferred to
post sue il until after election The
statute explicitly provides that the
court shall appoint q receiver upon the
presentation Of the petition
~r diets
ing the petition would defeat the pur-
pose of such suit by giving the de-
fendant an opportunity OF changing
the status OF its stock or property Z ne
fact that the suit was TO Ice brought
was not concealed. The company was
not informed OF iii. but Air. Hurd states
that he had known Of the intention 70
bring the suit for some weeks The
fact that various persons were inform
ed Of the proposed application during
the delay in making it, and that they
sought to speculate upon its effect, was
neither unlawful nor injurious to the
c0rnpanv nor its stockholders The
market price of stocks was not affect
ed An examination Of the report OF
sales viii show that in amount or ex-
tent there was no appreciate QlILAE-
ence in transac tons for days and weeks
previously There was no contract or
agreement Of any kind or descrlp ItoA
between any of the parties VINO may
have bought or sold the stock and lne
county attorney or any OF MS aSsocl-
ates-
None Of the parties concerned IN
bringing the action invested a cent n
anv stock or bond or other speculation
The cry. of conspiracy is raised by the
attorneys of the company to distract at
tentiOn from the merits OF the case ana
to excuse the extraordinary pt@ltl-eS
resorted to by the railway company ana
certain state officials to defeat the act
ion.
wen known facts indicate COLLISION
cor ma any
and the assistant attorney general Wao
assumed to represent the state MI
GODDARD the assistant attorney general
was taken to Oskaloosa oy the railway
company in a special car before day
Hght on Monday. for the evident pur-
pose of preventing the order Of the
court from being carried out by the
Qualification of It's receiver In order
70 erect that purpose they fled a pur-
ported amendment of the county atFor-
ney's petition upon which the receiver
was appointed This amendment had
been prepared by the attorneys OF the
railroad company, who procured Mr..
GODDARD to sign it in his official capacity
and file it with the clerk of the court
This amendment shows upon its face
that il was not Intended 10 make any
a allegations which could be OF benefit to
the state. but was intended TO afford a
plausible pretense for an application for
removal of the case e the federal couI f
At the same time that this amendment
was filed the attorneys OF the company
fled petition and bond for removal
ard obtained a transcript and. accom-
panied by Mr. GODDARD, they returned 20
Topeka on their special train and hIed
the transcript in the federal court Il
was well understood by AIr- GODDARD and
the railway compauy's attorneys that
the receiver was to have qualified on
Mondav All of these amazing proceed
ings were had without notice 10 the
c0urtaud without the consent or knowI-
edge of the county attorney
~ e4Fnr f- p II
Myers viii ind in the laws Of the state
of Kansas ample authority and prece-
dent by which TO properly punish 50
fragrant an attempt 70 Obslruct the or
derry course of judicial procedure in his
court and to fully maintain his dignity
Is a iuzga nf eaurL ar reoarl-