The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-11-18

eral judiciary in encroaching on the
rights of the state courts"
The petition restraining and enjOining
Judge Martin from acting as receiver,
and County Attorney Phinney and asso-
ciates from taking further proceedings
In the state court, was filed by Charles
Trust company
The petition states that since the
court issued an order restraining Chas.
f. Johnson from interfering with the
possession or management of the A. T.
d 5 f. railway company, that certain
attempted proceedings had occurred
before Hon Louis A. Myers as district
judge of Jefferson county. wherein
Judge Myers has claimed to exercise
Jurisdiction over the case notwithstand-
ing the filing of the petition and bond
for removal by the A T. & s. f. rail-
way company and the filing of a tran
cript Of the record in the federal
court And that also Judge Myers has
assumed to appoint one John Martin,
receiver of the property at the instance
OF H. T. Phinney, county attorney, and
his asSOcia tes Henry Keller D. r. Bite,
H. B- Schaeffer, and Marshal CFephart,
claiming to act under the authority Of
the county attorney
The petition then sets forth that the
order Of Judge Myers is of no effect
from the fact that the case is now un-
der the jurisdiction of the federal court,
and asks that restraining order be is
sued restraining and enjOining Judge
Martin. County Attorney Phinney and
his associates from interfering in any
way with the mana cement of the road
and also from taking any further pro
ceeding in the state court.
The order Immediately issued by
Judge Foster after the fling of the
above petition is as follows:
Ordered That said application for
leave to amend its cross-bin and for
injunction be set down for hearing be
fore this court on the 23d day of No
vemb ber 1895. at ] o'clock a. m. Of said
day, or as soon thereafter as counsel
can be heard, in the United States court
house. a. the city of Topeka, and that
in the meantime and until further or
der of this court. the said John Martin,
as receiver be restrained from in any
manner interfering with the possession
of the railroad OF said A. T. & S. f
Railway company, or any of its proper
ty in this state of Kansas or elsewhere.
and that said H. T. Phinney, county
attorney of jefferson county, Henry
Keeler, d. R. Hite, h B. Scha effer and
Marshal Gephart, his associates. and
all other persons associated with him
or acting under his authority, be re-
strained from in any manner taking
any action in said pretended cause in
the district court of Jefferson county.
Kan, looking to the appointment of
receiver or receivers. in said pretended
action, for the purpose of in any man
ner interfering with the possession of
the said A. II. e S F. Railway company
or of any of it's property in the state Of
Kansas or elsewhere, and that until the
further order of this court the said A.
It. & S. F. Ry- Co. its officers. agents.
servants and employees are hereby com
manded to continue the operation, man
agement and control of said r. r. in the
state of Kansas and elsewhere. and the
mana cement and control of all its prop
erty in the same manner as has here
tofore managed. operated and controll-
ed the said railway property
CASSIUS O.. FOSTER.