The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-12-29
SANTA FE VICTORY
FAMOUS RECEIVERSHIP CASE BE-
GUN IN KANSAS. DISMISSED BY
JUDGE MYERS.
ALIEN ACT INAPPLICABLE.
RAILROAD PROPERTY EXCEPTED
FROM IT'S SCOPE BY THE
COURTS FINDING.
THE HISTORY OF THE LITIGATION.
1t Has Been IL Succession of Charges.
Petitions and Orders Before
Two Courts.

OSKALOOSA, Kas., Dec. 2S.-The
Santa Fe won in the receivershfp case
this afternoon. Judge Myers, of the ris-
trict court, holding that the alien land
law of 1891 is not applicable to rail-
roads. He dismissed the case
The decision is a complete victory
for the Santa Fe company The vari-
Gus questions Of law raised by the at
torneys on both sides were not passed
upon, Judge Myers holding that the
fact that the alien land law did not
apply to railroads alone was sufficient
to end the litigation. The ATTORNEYS
for the plaintiff will take steps al once
to carry the case to the Kansas SUI
preme court on appeal.
The history of the case is most In
tefesting. 1t began at OskaIoosa, Nov
last, when, in the jefferson county
district court, over which Judge Louis
Myers presided, a petition was filed
by County Attorney Fl. T. Phinney and
Attorney Henry Keller, Of Topeka.
praying for the appointment of a re-
ceiver of the property Of the Santa Fe
company in Kansas. The action was
taken upon what is known as the alien
land law passed in 1891, which provides
that where more than 20 per cent of the
stock of corporation doing business
in the state is owned by aliens, it's real
estate shall be declared forfeited 70
the state and a receiver appointed
Judge Myers appointed Charles F.
Johnson, of Oskaloosa, a banker. as
receiver, and instructed him to take
possession of the property.
The appointment came as a thunder
bolt to railway men generally. MANY
OF whom were unaware Of the exist
ence Of the law. Soon thereafter. aff1-
davits were filed by the Santa Fe of
f1cfals before Judge c. G. Foster in the
United States court at Topeka, in which
1t was asserted that the action of the
Jefferson county court was part of a
stock 5obbing scheme ,andthat members
OF 1t had speculated in Santa Fe Stocks
IN the East on the strength of the
courts appointment. Following this
Assistant Attorney General Goddard
hled petition in the Oskaloosa Court
seeking to remove the case to the
federal court in Topeka. On the same
day at Topeka the Union Trust com
pany, of New York, filed a cross bill In
Judge Fosters court holding, as trustee
that 1t ought to have been made a.
party to the suit, and on the strength
Of this bill, Judge Foster issued a re-
straining order preventing Johnson
from taking possession Of the property
Attorneys Kelley and Phinnev then
on Nov. IL, filed a petition in the Os,
kaloosa court seeking to have the nett
ton filed by Attorney Goddard stricken
from the files Of that court, Charging
among other things, that he had acted
IN collision with the railroad attor
neys. On the same day at Kansas City
Mr.. Phinney was persuaded to sign an
agreement, which was also signed nv
F. d. Kenna and the attorney general
which stipulated that the case should
be tried in the federal court and thet
Judge Keeler should be dismissed from
the case.
When Judge Meyers, on Nov. II. took
up the case Mr.. Phinney backed down
on his agreement to dismiss Keller
and in court admitted that the latter
was the leading counsel in the case
Judge Meyers thereupon recognized
Keller and refused to acknowledge the
attorney general and at the same time
sustained the motion to strike Cod
dard's name out of the record
Receiver Johnson having failed to
qualify in the meantime, he was re
moved by Judge Meyers, who, in his
stead, appointed ex-United States SEN
ator John Martin. Of Topeka. In order