Kansas City daily journal., 1896-11-19
MAY CONTROL THE SANTA FE LINES
IN KANSAS.
SUCCEEDS CHARLES JOHNSON.
UNION TRUST COMPANY WOULD EN-
JOIN HIM FROM QUALIFYING.
Attorneys Disclose the UIterior Mo-
tive in Bringing the Suit-Bet-
ter Freight Rates to SednIia
-superintendents'M Meet
ing AdjOurnH.

Topeka. Kas.. Nov. 1s.-(Speclal) A tel
egram from OskaIoosa announces that
Judge Myers, OF the district court OF JEFF
! ferson county. to-day took up the Santa Fe
receivership case again and appointed ex-
Senator John Martin as receiver of the
road to fill the vacancy caused by the re-
! fusaI of State Senator Charles johnson to
qualify. This appointment was predicted
in the Journal this morning. Attorneys D.
r. Hite, H. 3. Shaener and Marshal Geb-
( hart We're appointed attorneys for the re-
ceiver. Senator Martin accepted the ap-
poiEtment and his bond was fixed at S25.-
90. He had not qualified at o'clock to-
day.
This afternoon the attorneys for the
Union Trust Company, of New York, filed
a cross bill in the federal court to enjoIn
the receiver from qualifying and taking
possession of the property, and also 10
enjoin the attorneys from proceeding fur
ther in the case IN the district court. The
cross bill also asked that the Santa Fe
company be ordered to retain possession
and control and operate the road.
The case VIII come up before Judge
Foster next Monday.
The Injunction was granted by Judge
Foster and the papers will be served on all
parties this evening. The petition in this
suit Is practically the same as the one
( filed at Fort Scott in which Charles John
son was enjoined from qualifying and TAX
ing charge of the property under the or
der OF Judge Myers. except that IL Is more
sweeping and taxes in more parties. In
case Receiver Martin qualities and at
tempts to act under the order of the JET
ferson county court Judge Foster and
Judge Myers are likely to lock horns, as
stated in to-day's Journal. Each judge has
plenty Of nerve and the scrap would be
very interesting.
The faint possibility Of a legal clash
brings up the question as to what power
each possesses to enforce his order. Judge
Myers has the authority to call upon every
man in Jefferson county TO back him, and if
this is insufficient then he can call out the
state militia, while Judge Foster can in
stst on the United States marshal appoint
ing an army Of deputies TO assist him in
the enforcement of an order, and, if they
are not strong enough to enforce it, then
the regular army can be called Out. Of
course. this will not be DONE but then the
possibility of such a thing is being freely
discussed.
The attorneys who were instrumental in
bringing the action in the first place. and
who have denied all along that il was a
scneme 10 hammer down stocks, to-day for
the first time gave out some inside history
as to the cause of asking for the appoint
was instigated at the instance of Henry
Wollman, Of Kansas City No., who repre-
sented some stockholders in the old Santa
Fe company who were frozen out in the
reoT ganiZat!on- They wanted 10 open up
the receivership some way, and did not
know how to go about 1t. Finally the plan
of asking for a receiver under the alien
land Law of Kansas was hit upon. The at
tOrneys say that WOIlman said that such a
suit would cause Newman Erb and Henry
Clews to crack their heels. as they wanted
to get even. and he promised to render
them all assistance necessary. All that he
was expected TO do was to file an interven-
ing petition charging that the new com
pany was insolvent. After the suit was
started 1t Is claimed that Wolman got
frightened and weakened and left the local
attorneys alone TO fight ii out. The inter-
vening petition was not filed, Erb failed to
keep date with the local attorneys at
Kansas City, Mo, and later denied having
anything to do with the case