The herald., 1896-11-19
STATE AND FEDERAL
COURTS CONFLICT
In the Matter Of Santa Fe
Receivership
JOHN MARTIN SUCCEEDS JOHNSON
Under an Appointment Made by
Judge Myers
AN INJUNCTION is GRANTED
Restraining Him From Interfering With
the Management
Il Both Parties Get Stubborn Actual War
May Result
A Decision Expected Soon Deciding the
Constitutionality of California
Restraining Him From Interfering With
the Management
II Both Parties Get Stubborn Actual War
May Result
A Decision Expected Soon Deciding the
Constitutionality of CALIFORNIA;
Railroad Commission-Chi-
cago and N. p. Sale.
Associated Press special Wire

myers LHlS dppOli teu GA y hitSu
States Senator John Martin receiver of
the Atchison. Topeka and Santa Fe rail-
road property in Kansas, in place of
Charles p. johnson. whom he previously
appointed, but who failed to qualify.
The order appointing Martin receiver
also enjoins the railway company frotn
bringing any action against him in other
than the Jefferson county court, over
which Judge Myers presides.
Judge Albert H. Horton was the only
one of the opposing counsel present, but
he took no part except to make notes of
the proceedings. The railroad attorneys
have not recognized Judge Myers court
at all and it is their policy not to do so.
The court fixes Receiver Martins bonds
at s25OOO and designated Messrs. Hiatt
of Topeka and Gephart and Schaefer of
Oskaloosa as his attorneys. The court
did not adjourn sine die, but until De-
cember 4th at 8 o'clock.
COURTS IN CONFLICT.
Topeka, Kan, Nov. 1S.-The Santa
Fe receivership case today developed
a direct conflict between the state and
federal courts. Anticipating the ap-
pontment of a new receiver by Judge
Myers at Oskaloosa, a. A. Hurd, gen.
eral attorney for the railroad company,
today obtained a supplemental order
from Judge Foster of the United States
circuit court The order directs all the
officers and employees of the Atchison,
Topeka and Santa Fe railroad com
pany in the state of Kansas to continue
the operations, management and control
of said railway in re same manner as
the same has heretofore been conducted
until the further order of said United
States court shall be made.
Later, Rosington, Smith & Dallas, rep
resenting the Union Trust company Of
New York, which has become party
to the action by a cross bill filed in rlc
federal court last week, appeared before
Judge Foster and presented a lengthy
petition asking that Senator Martin ct al.
be restrained from interfering with the
present management of the road.
The petition recites the actions of the
that, Notwithstanding the filing of the
transcript of 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 in
stance of IL. T. Phinney, county attor-
ney of Jefferson county, and his asso-
ciates
Continuing the petition holds that at
the time of the appointment of said re-
ceiver, United States circuit court held
jurisdiction over the jefferson county
court, and that the appointment of Mar
tin is void. 1t therefore prays that the
said Martin, Phinney and his associates
be enjoined and restrained from in
any manner interfering With the possess
sion, management or control of the
railroad and all the property of the said
railroad company in the state of Kan
sas and elsewhere.
Under the showing thus made Judge
Foster granted a restraining order
against John Martin and the others nam
cd. Just before the restraining order
was served upon him, Senator Martin
was seen by reporter and said he would
qualify as receiver Immediately. Later
he said he should respect the order of
the United States court.
Mr.. Hurd, the Santa Fe attorney, says
in his judgment the federal court has
jurisdiction over the case and he be-
lieves 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 resum-
ed his original status nthe case and is
now acting with Judge Keeler, whom
he dismissed from the ease last Satur-
day. Half an hour before court opened
yesterday afternoon Mr.. Phinney was in
consultation with Assistant Attorney
general Goddard, but when the pro-
ceedings began he was half way back to
his original position and in few min
utes he was cooperating with Judge
keeler again
A SERIOUS MATTER.
KANSAS CITY, No., Nov. 1S.-Under
Topeka, Kan, date the Star this even
ing prints the following, The turn TAX
en- in the Santa Fe receivership case
opens the way for most serious con-
fllct between the federal and state
courts Should the receiver appointed
by County Judge Myers finally succeed
in qualifying and demand possessf IN of
the railway the officers Of the latter