The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-11-19

Oskaloosa, Kan, Nov. 1S.-In the dis
trict court of Jefferson county Judge
Lewis Myers has appointed ex-senator
John Martin as receiver of the Santa
Fe railway property in Kansas. The
bond, which was fixed at $25, 900 by the
court, will be filed by Senator Martin
at Holton tomorrow or next day, and
the programme is for him to demand
immediate possession of the road.
Judge Myers also issued an injunction
restraining the Santa Fe officials or
any other interested parties from de-
laying Senator Martin from securing
possession of the property, or from
hindering him in any manner in the
discharge of his duties as receiver. A
restraining order was also issued pre-
venting any suit being brought against
the receiver, except in the district
court of Jefferson county. In fact, the
legal status has been, it is admitted,
entirely changed.
The appointment of Charles F. John
son as receiver, heretofore made by
Judge Meyers, was revoked. A judicial
inquiry revealed the fact that Johnson
had changed his mind and had refused
to qualify. He had prepared his bond
and had it signed up ready for filing
when he was induced to change his
course and refuse to proceed further.
His bond was $4,000, but in Martin s
case it was reduced to $4,000.
Ex-Chief Justice A. P. Horton repre-
scented the Santa Fe and was present
at the proceedings. He refused TO APP
pear in the case except to call the
courts attention TO the fact that the
Santa Fe had filed a petition and bond
for the removal of the case to the
federal court. The court took no jul
dicial notice of this, as it does not
recognize the Jurisdiction of the fed
that the petitions and motions and
suits additional to these proceedings
would have to be heard in the district
court of Jefferson county.
Judge Horton on behalf of the Santa
Fe made application to the clerk of
the court for a transcript of the evil
dence and records as they stand pre-
paratory to making another attempt to
get the case in the federal courts.
not recognize the jurisdiction of the
federal court, they will, when the case
is brought up for hearing there, call
Judge Fosters attention to the legal
status of the case and points of law
involved tending to show the position
that the federal court has no Jurlsdlc-
ton. If Judge Foster rules otherwise
they Will appear the case dl Ol-SC III
the United States federal court to have
the matter of jurisdiction passed upon.
Topeka, Kan, Nov. 18.-This after
noon attorneys representing the Union
Trust company of New York, which
has become a party to the action in
the Santa Fe case by a cross bill filed
in the federal court last week, appeared
before Judge Foster, at chambers, and
presented a petition in which a sweep
ing Injunction was sought against ex-
Senator John Martin, the new receiver
of the Santa Fe. appointed by Judge
Myers today. Upon the showing made
Judge Foster granted a restraining or
der against John Martin and all per-
straining them from in any manner
taking any action in said pretended
cause in the district court of Jefferson
county, Kansas, looking to the ap-
pointment of q receiver or receivers in
said pretended action for the purpose
of in any manner interfering with the
possession of the said Atchison, To-
peka & Santa Fe Railway company, or
any of it's property, in the state of
Kansas and elsewhere. and the man
agement and control of all its property
in the same maner as it has heretofore
made, operated and controlled the said
railway and property.
Late this evening the papers in the
case We're served upon Receiver Mar
tin by United States Marshal Neeley.
Mr. Martin says he will qualify in the
morning and execute the orders of