Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1896-11-24
SWEARS TO APLOT
Witness In the Santa F. Receiver.
ship Litigation.
CONSPIRACY TO BEAR THE STOCK

Revealed to Judge b. b. Johnson. whe
Former Law Partner-Other Witness
Give Corroborative Evidesce Before
United States Judge Foster-wire Naal
Trust Said To BE Very Much Alive.
Kansas City, Nov. 24.-The Star prints
the following under q Topeka, Kan,
date: The Atchison, Topeka and Santa
Fe Railroad company filed in the Unit
ed states circuit court yesterday
dispositions Of st. Louis men and 9TH
ers to substantiate its charges Of q con-
spiracy to bear the stock of that road,
and Judge B. b. johnson. of Topeka,
formerly law partner Of Henry Keller.
made affidavit to an interview In which
Keller outlined the proposed plan of
action against the Santa Fe. On the
morning of election. he declared. Kee-
Ter visited him and made the revela-
ton. after swearing him to secrecy. He
stated that suit would be Instituted
against the Santa Fee on the relation G..
the county attorney of jefferson coun-
~, and that arrangements had been
made some weeks before with Phinney
ard Judge Louis a. Myers for the cir
cult court to meet in Oskaloosa the day
after election to receive the petition.
Knew johnson Would he Receiver
Keller had also declared that Charles
johnson would be appointed receiver
This would be done, the attorney de-
clared. for the purpose of creating q
fiuctuation in stocks. A visit to New
York was outlined for Keller, and the
trip was made. One of the effects of
the New York expedition had been the
determination Of Henry Wellman, of
Kansas City, to intervene as a bond
holder for the alleged purpose of as
sisting the general decentralization Of
the road. Similar affidavits were pre-
sented containing testimony of c. d.
French and J. K. Davidson. Kansas
City stock brokers. Both had received
advance notice of the 'proable fall in
Santa Fe stocks.
Judge Foster Decides TO Hear Arguments.
When the land reseivership case was
called in the United. States circuit court
at o'clock Judge Foster decided to
hear the motion to remand the case to
the state district court. President
Ripley. General Solicitor Kenna, Solic-
itor Robert Dunlap and General Solicit
tor Sterry, Of the Southern California
road,representedt the Santa Fe company.
Henry Keller opened with a statement
Of the points involved. The non federal
character of the suit was presented as
an argument for its being remanded
to the district court, Keller sustaining
his claim with rather exhaustive refer
ences. Civil cases. he maintained.
could be removed. but this case was Of
criminal character. The suit was
brought, he asserted. by authority Of
the state. and under a statute which
imposed a penalty in the name Of the
state.
Arguments Of the Railway Company.
The arguments on behalf of the rail-
road company consumed about half an
hour and were devoted largely to a re, lew
of the dispositions previously filed. II
being maintained that the suit brought
in the state court was clearly a stock
jobbing scheme. 1t was argued further
that the alien land law did not apply
to railroads and further that IL had
not been legally enacted. Upon the
conclusion Of the arguments Judge
Foster announced that he would take
the case under advisement and ad-
journed court for the day.