The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-11-18
JOHN MARTIN
STEPS IN.
Is Made Receiver Of the Santa
Fe In Kansas
Instead Of Charles #. Johnson
Who Failed to Qualify.
SOME STIRRING TALK
At OskalOOsa In Judge Myers
Court.
Myers Decides That He Has
Jurisdiction In the Case.
TROUBLE MAY RESULT
Conflict Between Officers of the
State Court
And Officers of the Federal
Court Is Possible.

court Is EOSSlD46.
The special session of the district
court of Jefferson county at OskalOosa
yesterday afternoon was undoubtedly
the most interesting session of court in
the annals OF Jefferson county The
session was called by Judge Myers for
the special purpose of hearing the mo-
tion filed by Judge Henry keeler last
week asking that the amendment filed
by Assistant Attorney General A. a.
GODDARD be stricken out. This was the
amendment under which the Santa E'e
receivership case was removed to the
federal court
Judge Myers ordered the amendment
stricken out, and as a sequel of this or
DER appointed Judge John Martin of this
city receiver of the property of the
Santa Fe i'm Kansas this morning. Judge
Martin takes the place of Charles r.
johnson. who failed to qualify
Court convened at 3 o'clock in the
afternoon. Judge Myers lost no time i'm
getting down to work. His face was
flushed and his eyes flashed fire He
looked like man out of humor The judge
has had much to contend with lately.
Judge Horton called up the petition of
the railroad company for the removal
OF the case to the United States court
Judge Myers said he understood that a
motion had been filed to strike out Mr..
GODDARD additional bill. Judge keeler
ed. Judge Myers ruled that the motion
should be heard before the petition of
removal
Mr.. GODDARD then sprang a surprise
by announcing that he had some decis-
ions to show that the court had no
right to convene at that time. and ask
ed permission to read them.
Permission was granted. GODDARD en-
deavored to show as Judge Myers had
adjourned the Jefferson county court to
a date in December,and afterward held
court in Jackson county he could not
convene the jefferson county court at
this time Judge Myers replied sharply
taht he had examined the law. and was
satisfied that ne had convened court
properly II probably would not have
convened court at this time. he said
but for the extraordinary action of
states attorneys 1T is a duty [ owe 10
myself and the public to convene court
County Attorney Phinney made
statement to the court to the effect that
Governor Morrill, had instructed Attor-
uey General Dawes to take charge of
the case and that Mr. GODDARD had as
sumed charge by direction of Dawes.
want TO know where 4 ann al"
Phinney said.
Did GODDARD file the amended bill in
this case by your knowledge and con-
sent2' asked Judge Myers.
700 sir. replied Phinney who was
an IN tremble- and evidently in the
dark as to where he was "at-"
The attorneys for the Santa Fa had
nim in tow last week and he was a b0llr
ready to quit Judge Myers said: Your
duty under the statute is to prosecute
tn1s suit. Y on doubtless would be CRATE
ful for advice from tine learned attor-
ney general. but the attorney general
mas no right to supersede YOU. even
though he has orders from the govern
or TO DO SO viii recognize Won and
not the law department of the states
RMS was a squelcher The railroad
lawyers We're not pleased with the ONT
1fE-17
great load has been removed therefron
have q word TO say here" said
don't know whether ought to
near you or not said the judge. but
4 viii, briefly"
GODDARD stated that he had been work
ing In harmony with the county at+or-
ney, and hoped to- contfnf+a t0 ~, ~
The circumstances surroundine- +be
~ - lilthe .ne conduct OF the states
attorneys absolutely unprofessfonaI
MllA not recognize the attorney srarfar
al assistant said Myers
Neeler proceeded with the motion, +r
strike out the amendment bill
GODDARD objected to IIeeler7s annaar
ance in the case. The obiectior 4,-ss
oVerruled- GODDARD fled a notice iron,
Phinney to Keeler that his services
We're no longer required
DO YOU object to Judge KeeIer's an,
pearance, Mr.. Phinneye" asked fha
court
Phinnev replied that he did not.
f tDcreu Win the case then. said
the Judge
Phinney read the motion to strike
out. These three points We're raised.
Flrst-Ehe couty attorney never or
cered. directed or consented TO the Ill
1ng Of said document.
Second-That said document was
nled IN pursuance of a collusive agree
ment and understanding between the
defendant herein and A. Al. Gadard.
assuming to act as assistant attorney
general OF the state of Kansas for the
purpose Of aiding said defendant i'm its
cefense in this action and ia settfna
THIS cause removed out Of this court
and for the purpose of defeating fhe
state III IFS attempt through its law
fully constituted officer from enforrfne-
its laws.
'Ihird-The plaintiff. by said county
attorney disclaiws and renounces. .rba
allegauons made in the same dor71
ment and hereby AYERS that they form,
no part of the statement of the PLAIN
tif's cause of action herein
Rhinney took the witness stand ar,7
Keeler asked him questions.
Phiuney testified that GODDARD ca1Ias7
st his home In oslzaloosa on the morn
9 Ing Of NoveInher last. while he was
Tet in bed and asked him 70 accom-