The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-12-08
IT GOES TO MYERS
JUDGES FOSTER AND THAYER DE-
eide AS TO JURISDICTION.
Judce Myers VIII Hear the Santa Fe Re-
ceiyership Case at Lsavenworth Friday
MornInS-Poiuts are as to whether the
Alien Land Law Was Legally Passed,
Whether IL is Constitutional and Wheth-
er it Applies to Railroads.&c. DC 1akeh
to the Highest Courts If He Beats the
Road.

topeka. Kan, Dec. THE Santa re
railroad receivership must first be trleo
before Judge Meyers of the Jenerson
rounty district court. This is the opin-
Ion given out this morning by both Judge
Thayer Of the United States court Oh ap-
peals and Judge Foster Of the United
States district court.
Judge Foster and Judge Thayer both
agree in their opinion that the santa
receivership case must first go to the as
triet court of jefferson county, winch
rn,,st decide three points, namely:
Whether the alien land law, under
which the receivership was asked, was
legally passed; whether 1t IS constitu-
fional, and, if so, whether II applles u
railroads.
IF the Jefferson county court decides
these points against the railroad the case
viIl he taken TO the state and United
States supreme courts.
Judge Meyers at noon agreed 10 hear
the case at Leavenworth on FRIDAY
morning, the 18th, at o'clock
RECEIVERSHIP DENIED.
ST. Paul. MINI. Dec. Judge Lochren
foday danied the application for re-
reiyer for the Yellowstone Park assocla-
lion. in an action brought by r. Z. Perry
of st. Louis ct al against the assocla-
lion. the Northern Pacific Railway COM
pany and the Union Pacific Railway
company The complainant alleged that
The Northern Pacific railroad was ma
nipulating the association TO its interests
md against their interests.
LOCOMOTIVE WORKS WINS.
washington, D. c., Dec. THE SUI
preme court today decided the case OF
the Rogers Locomotive works vs. the
American Emigration company, involv-
Ing title to land in Calhoun county. Iowa.
II is a test case in a series of disputes
between claimants to land in Iowa I'M
Ger the swamp land act of 1890 and the
grant which was made TO the state in
1856 The decision was favorable TO the
locomotive works, which claimed under
the railroad grant. Justice Harlan de-
1ivered the opinion Of the court.
The court granted the motion for re-
argument in the Westinghouse brake
case, setting the hearing for the third
Monday in January, after the hearing in
other cases already set for that day.
A FAMILY AFFAIR.
Cleveland, Ohio, Dec IA novel law
Suit terminated today in the court of com
mon please. On Nov 8, 1894, Humphrey
johnson shot and killed his wife, Nellie,
at their home in Colinwood, near here.
Then he committed suicide. Both had
children by former marriages. The adj
aninistra tor for the wife's children sued
the administrator for the husbands chill
dren for $4,000 damages for the killing
OF Mrs. Johnson. Today the jury re-
turned verdict for s., 900.
WILL NOT ELECTRIFY.
New Haven, Conn, Dec. IAN al
thoritative denial was given by the offic-
falls Of the New York, New Haven and
Hartford railroad today 10 the state
ment that the company had under con-
sideration a mammoth scheme to equip
its lines all over the state with electrici-
~.