The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-12-29
CASE WAS DISMISSED.
Judge Myers Dismisses the San
ia Fe Receivership Case
In His Decision at OskalOOsa
Yesterday.
Attorneys Say They VIII Take the
Case to the Supreme Court

AS announced in the extra edition Of
the Journal last evening the Santa Fe
receivership case was dismissed by
Judge Myers at Oskaloosa yesterday.
AS soon as the decision was rendered,
the attorneys for the state stated their
exceptions. and in this way took the
first step towards appealing the case to
the supreme court of the state. To
formally make an appeal, they have
now to file but transcript of the rec
ord of the case with the clerk Of the
state supreme court at any time within
II months.
That an appeal will be made from the
decision of Judge Myers to the SUI
preme court. is assured by Mr.. d. r.
Hlte one OF the attorneys for the state
today.
II talked with County Attorney Phin-
ney after the decision was rendered,
TO appeal the case. OF course nothing
viii now be done along this line until
Attorney General Boyle takes his seat.
Mr. Dawes viii give up his office in
few days, and undoubtedly would not
want TO bother with the case.
OF course the decision is a disap-
pointment to us, but we feel gratified
over one point This is that the result
all prejudiced in favor of the state,
as it has been said he was, and gave
the case fair and impartial considera-
ton.
But if we had known the case was
to go against u.s." continued MIR. Hite,
and could have picked out one partic-
ular point to be beaten on, it would be
the point on which Judge Myers rem
dered his decision Judge Myers de-
cisiOn on this particular point effectual-
~ prevents the railroad company ever
appealing the case to the supreme
court of the United States ON the con-
stitutionaI questions. The decision was
on the construction of q state law, and
the highest arbitrary power on state
questions is the state supreme court.
The decision of the supreme court of
Kansas, whatever that may be- viii
therefore settle the case
The Santa Fe attorneys are highly
pleased with the result at OskalOOsa
yesterday afternoon. Solicitor Hurd
said last night that he was personally
confident after the arguments had been
made at Leavenworth that the case
would be decided in favor of the com
pany on the point of the alien land law
applying to railroads.
1t is understood that Yesterday Judge
Myers told a friend at Oskal0osa that
he could have as well decided the case
at LeavenWorth. and for a time serious
~ considered the adyisa bility of so do
ing. He finally decided. however. to
look over the authorities cited and
make sure of his position.
In rendering his decision yesterday
afternoon, Judge Myers stated that the
pivotal point in the case was contained
in section 3, whether or not the alien
land law applied to property neces-
sarily used in operating a railroad
The great weight Of judicial author
ity in this country is, said Judge Nv
ers, that the property of a railroad
company necessary for its 0Deration
cannot be seized and sold.
THE real estate held OF acquired bv
d public corporation like that held or
owned by a railroad company in the ex-
erclse OF a delegated right of eminent
CONAN, ana necessary for uses of the
pupuc Is concerned IS not within the
meaning oL the law, real estate.
ne declslon cites several authorities
20 NphOId It's stand and continuing
says.
We know from history that the mis-
chleI primarily sought to be remedied
py the enactment OF chapter was the
o1 land ia the state by aliens, and the
establishment in this state Of the OPP
presslNe system of landlOrdism preva-
lent in England and other countries
me movement OF which the statute of
lo9l" was the expression and result was
not crusade against railroads, but
was aimed al aliens holding real estate
~ the ordinary acceptance of that
term, tAat ~ lof farming, grazing and
other like purposes
1t may be that there is reason for
prohibiting the Investment of foreign
capital IN the purchase or operation of
roads III the state, but there seems to
in the legislature or newspapers up to
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