The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-11-09
Santa Fe Solicitors Go to Oska-
Ioosa at Midnight
On a Special Train and Trans
act Quick Business.
TAKE RECEIVERSHIP
Into the United States Circuit
Court
Where Tt VIII Have a Fair Jn-
prejudiced Hearing.

The Santa Fe receivership case Iooh
IN important turn this morning 10y
the filing of a petition and bond far re-
EnovaI in tha district court of Jefferson
county and by filing a transcript OF
the order in the Office of the clerk oil
the federal court in this city, the case
was transferred from tine Jefferson
county district court to the United
States circuit court. In this way the
case was removed from the jurisdiction
of a state court. Judge Myers and At
torneys Phinney and Keeler shut OUT
from further proceedings. and Attorney
General Dawes viii now take charge Of
the case for the state ait the instance Of
Governor Morrill,.
Shortly after midnight last night
special train bearing General Solicitor
Keuna, General Manager Frey. Solici-
tors Dunlap and Hurd and Judge a. H.
Horton who has been retained in the
case by the railroad company. left the
depot in this city Tor Oskaloosa. ON ar
rival in OskaI0osa the party of officials
hunted UP the clerk Of the Jefferson
county district court, the petition and
bond were filed. and d transcript of the
order for fling in the circuit court in
this city taken The party then return
el to this city about III O'Clock
and the transcript of the order
was fled in the Office Of the clerk of the
circuit court
The three principal federal points
made in the petition for removal filed
hy the railroad company are the fol-
lowing:
That the Santa Fe railroad in Kansas
was created by the government as for
ever q government postal and mail
route and that to aid in the Great of
the railroad certain land was granted
10 the company
That the enforcement of the order ia
dividing the railroad land into tracts
Of 1b0 acres each, and selling it ia such
tracts, would Interfere with the inter
state commerce law
That the charter of the company is
q contract and that should the order be
carried out and the land sold in 161
road and be contrary to the consutu-
tQn of the United States by impairing
the obligations of contracts between
corporations and the state.
The bond of General Solicitor Kenna
~ hlch accompanies the petition is ia
the amount of 1000 and is signed by
Governor Thomas a. Osborn and Solic-
itor a. A. Hurd.
General Solicitor kenna did not wish
To discuss the case this morning but
said. The case viii now be tried by
Judge Foster in the federal court and
VIII be pushed to the earliest possible
hearing We are glad to meet this
question and have it decided. There
Us no doubt whatever of the outcome Of
Ale ease AAe aleu land law does not
apply TO railroads for if it did it would
be unconstitutional"
Late Saturday afternoon the usual
summons papers were served on Treas
urer Edward Wilder and on F. j. Ev-
ans, Stau0n agent for the company at
alley rails. but no further DaDers
have been served or can be served. lln-
Til Receiver Johnson qualities This
VIII now be impossible unless the attor-
ney general remands the case to the
district court.
Tt is said that both Attorney General
Dawes and his assistant A. A. Cod
ard, believes that the alien land law
rnrlna MIS- -