The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-11-07
MAY RAISE
A LAUGH.
Some of the Funny Threats
Made By Lawyer Keeler
In Relation to the ReeeiTership
appointment
MADE AT OSKALOOSA
Against the Santa Fe by Judge
Myers.
Going to Hale Edward Wilder
Right Off to Jail,
And Sell the Big Santa Fe AT
Auction
so THAT MIR. PHLNNEY
a Country Lawyer Can Get His
Fees, Apparently
One of the Most Absurd Suits
Ever known In Kansas.
so THAT MR.. PHINNEY
a Country Lawyer Can Get His
Fees, Apparently
One of the Most Absurd Suits
Ever known In Kansas.

1t now looks as if the Santa Fe re-
ceivership case may develop into le-
gal fight which may be taken from one
court to another and last for several
years. and result in nothing but the
payment of lawyers ana court fees
The Santa Fe legal department is con-
hdent that the alien land law cannot be
made to apply to q railroad company,
and the other side assumes to be equal
ly as confident that the law eXcepts no
corporations of any kind but coal min
ing companies. which is especially
stated
General Solicitor Kenna of the Santa
F'e arrived in this city at noon today,
but refused to make any other state
ment further than the one sent out yes
ferday- He said that he had not seen
the papers and did not know just what
action would be taken. but that as soon
as the papers We're served, some action
on the part of the company would be
commenced
Judge Henry Keeler, who has been re-
tanned by County Attorney Phinney of
Jefferson county in the action for the
appointment of a receiver. stated today
that the summons would probably be
served on the Santa Fe company some
time this afternoon. and that Mr.. john
son. the newly appointed receiver. would
qualify today and be ready to take pos
session of the road next week
1T is ridiculous" said Mr.. keeler "fOr
the Santa Fe legal department to say
that this case has anything TO do with
any other case which we have had
against the road The claim which Mr.
Hurd spoke of was decided against the
company by Judge Foster, and ia due
time viii have to be paid Mr.. Hurd wa
In my Office yesterday and he offered to
pay that claim Immediately if the re-
ceiVerShip case would be released There
can be no release or compromise of the
case. At is simply a case brought bv
the state against the railroad c0npanv
under the state statute, and must go
through the ordinary course Of law as
any other state case would have to-
Receiver johnson viii qualify in Os-
kaloosa today, and as soon as he serves
notice on treasurer Edward Wilder of
the Santa F'e company ne viii be en-
utIed TO take possession of the road If
Mr- Wilder refuses to turn the property
over to the receiver. and the cOn7pa nv
chooses to oefy the order of the court
somebody viii go to jail, that's all
The order of the court contains a
special provision by which the company
can enter into contract with the re-
celver to operate the road. The com
pany viii be required to pay rental
Ter The property and this rental viii be-
neld by the court In the event that
the railroad company proves that me-
alien land law cannot apply to railroad
companies the rental viii be returned
What object did County Attorney
9hlnney have in bringing the action2'
was asked
Because, said Mr. KeeIer. "he hold
that under the state statute it was his
duty to do 50. The action was nor a
sudden result, but has been under con
slderation for some time L SUPPOSE
Mr. Phinney's personal object in bring
ing the action was his fees. as he v-iiI
receive 10 per cent of the proceeds of
the sale of the road should the case be
successful
I'm the natural course of law the
case VIII come up before Judge Myers
At Ine next term OF the Jeffers0n coun-
" district court in February If he
decides that the alien land law does
apply to railroads and the case is NOT
appealed by the company, the road will
be advertised for thirty days and then
sold al auction The proceeds. less the
costs Of the court, viii be turned over
10 the company
THE company viii undoubtedly aD-
peal the case to the supreme court of
the state and if a federal point can
be raised. to the supreme court OF tha
United States In thar event the road
would remain in the hands of the re-
ceiver until the case was decided"
When asked if the action was insti-
gated by the old stockholders OF the
company. Mr. KeeIer said he would
make no statement in reference to that
matter.
The portion Of the Santa Fe road in
VOWED extends from AtchisOn to the
Colorado line