Omaha daily bee., 1896-11-19
KANSAS COURTS CONFLICT
Serious Trouble Rapidly Developing Over
the Santa Fe Case.
JUDGE MYERS APPOINTS A NEW RECEIVER
Judge Foster Issues nm Injunction to
Prevent the Rccciycrship-Or-
dcrs Are Explicit and in
Direct Conflict. ..

KANSAS CITY, Nov. 1S.-The Santa Fc
receivership today developed into a direct
conflict between the state and federal courts.
Judge Myers at Oskaloosa appointed a new
receiver and Judge Foster at Topeka issued
on order to the employees of the road not
to respect the order.
The days proceedings opened at Oskaloosa,
Kan. Judge Myers appointed ex-united
States Senator John Martin receiver of the
Atchson, Topeka & Santa Fe railway prop
erty in Kansas in place of Charles p. John
son, whom he previously appointed, but who
failed to qualify. The order appointing Mar
tin receiver also enjoins the railway COM
pany from bringing any action against him
in other than the Jefferson county court,
over which Judge Myers presides. Judge
Albert II. Horton was the only one of the
opposing counsel present. but he took no
part except to make notes Of the proceed
ings. The railroad attorneys have not recog-
nized Judge Myers court at all and 1t is
their policy not to do so. The court fixed
Receiver Martins bond at $25 900 and des-
ignated Messrs. Hite of Topeka and Geb-
hart and Shaeffer of Oskaloosa as his attor-
neys. Tho court did not adjourn sine die
but until December at 8 o'clock.
CONTRARY ORDERS.
Anticipating the appointment OF a new re-
ceiver by Judge Myers at Oskaloosa a. A.
Hurd, general attorney for the railway COM
pany this morning obtained a supplement-
airy order from Judge C. G. Foster of the
United States court at Topeka. The order
directs all the officers and employees OF the
Atchison, Topeka & Santa Fe Railway COM
pany in the state OF Kansas to continue the
operation management and control OF said
railway company, as the same has hereto
tod hp
of said United States circuit court shall be
made.
Later, in Judge Fosters court, Rosington,
Smith & Dallas. representing the Union
Trust company of New York, which has be-
come a party to the action by a crcss bill
filed in the federal court last week, appeared
before Judge Foster and presented lengthy
petition asking that Senator Martin ct al be
restrained from interfering with the present
management OF the road. The petition re-
cites the actions of the Oskaloosa court in
the matter. and says that Notwithstanding
the filing OF the transcript in the case in
this court and the orders made by this court,
the said district court OF jefferson county
has assumed to appoint one John Martin as
receiver OF the property, at the instance OF
II. T. Phinney, county attorney of Jefferson
county, and his associates, Henry Keeler, ID.
r. Hite, II. B. Shaeffer and Marshal Geb
hart" Continuing, the petition holds that
at the time of the appointment of said re-
ceiver. the United States circuit court held
Jurisdiction over the Jefferson county court,
and that the appointment OF Martin Is void.
1t, therefore, prays that the said Martin,
Phinney, Hlte, Shaeffer and Gebhart "be
enjoined and restrained from in any manner
interfering with the possession, management
or control OF the railroad and all the prop
erty of the said railway company in the state
of Kansas and elsewhere" Under the show
ing thus made Judge Foster granted re-
straininp order against JOhn Martin and the
others named.
Just before the restraining order was
served upon him Senator Martin was seen
by u reporter at Topeka and said he would
qualify as receiver Immediately. Later he
said he should respect the order of tho
United States court. Mr.. Hurd, the Santa
Fo attorney, says that in his judgment the
federal court has jurisdiction of the case,
and he believes Judge Foster will so 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 of Jefferson county,
who last week was cooperating with the
attorney general, has resumed his original
status in the case and is now acting with
Judge Keller, whom he dismissed from the
case last Saturday Half an hour before
court opened yesterday afternoon Mr.. Phin-
ney was in consultation with Assistant At
torney General Goddard, but when the pro-
ceedings opened he was half way back to
his original position and in few minutes
he was cooperating with Judge Keeler
again.
CONFLICT MAY BE SERIOUS.
Under Topeka, Kan, date the Star this
evening prints the following "The turn
taken in the Santa Fe receivership case
opens the way for n most serious conflict
between the federal and state courts
Should the receiver appointed by County
Judge Myers finally succeed in qualifying
cr. demand possession of the railway the
officers OF the latter would refuse to yield
standing on the expectation that Judge Fos-
ter of the federal court would assume jurs-
dicton OF the case. His authority resisted
by the railroad people, the receivers re-
course would be to ask Judge Myers for an
order calling out the posse comitatus to
help him to take possession of the property
Such an order would authorize the sheriff
to summon every male citizen OF Jefferson
county, II necessary, to put the receiver in
possession of the railroad. Then Judge Fos-
ter, presuming that he would assume jurs-
dictoh, will order the United States mar
sha, to appoint army OF special deputies
to enforce the processes Of his court. Then
the sheriff could call upon the governor
for the state militia and the United States
marshal in turn could appeal to the secre-
tary OF war for troops and thus bring on
collision between the state and the federal
government. Nobody looks for anything Of
this kind to happen, but Assistant Attorney
General Goddard says there is ample room
in the case for 1t and should the two
courts and the parties in interest become
stubborn and lose sight Of the real merits
of the case miniature war would result
But IL Is likely that after a little furry OF
excitement sober second thought will come
and the case will be settled without even
coming to hearing before any court on
itc