The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-12-07
1T GOES BACK.
Decision of Judge Foster Con-
Cured in by Judge Thayer
In the Santa Fe ReceiVership
Case Is That
1T MUST BE REMANDED
To Judge Myers Court to De-
termine Whether
The Alien Land Law applies i'll
This Case.
ITS FUTURE COURSE
Is Probably Through the State
Supreme Court
And AfterWard to the {. s. Su-
preme Court Perhaps.
a Oraamnnt Made That RpcofvnT-
Agreement Made That Receiver
Shall Not Act at Present.

The first act ia the Santa Fe receiv-
ership case has been concluded AT 10
o'clock this morning Judge Foster
handed down a decision. concurred in
by Judge Thayer. remanding the case
from the federal court TO the district
court of Jefferson county The case
win now open for hearing on its mer-
its before Judge Myers in Leaven-
worth next Friday morning.
Ia the meantime. however. the re-
ceiver appointed by Judge Myers will
in no way interfere with the operation
of the road An agreement was drawn
up yesterday between the santa Ee
attorneys and Messrs- Keeler and Hite.
in which IL is stipulated that no inter
ference viii be offered on the part OF
the district court of Jefferson county.
or the receiver appointed by that court
in the operation of the road until the
case is finally decided. This means
that Judge Myers VIII withhold all
further action until the case is tried
and decided before him. should ne
decide that the alien land law was
valid and applied to the Santa F'e rail-
way, the attorneys for the railway
company Will Immediately appeal to
the supreme court of the state, and
this action viii take all further pro-
Ceedings in the case out of the power
OF the district court No Interference,
therefore. viii be offered in the opera
tion of the road until the case is finally
the supreme court of the United States
The decision of Judges Foster and
Thayer is hailed as victory by Messrs.
keeler and Hite- This feeling is par
TALLY due to the fact that the argu-
ments on the other side We're conduct
ed by some of the best legal talent in
the west, among others the heads of
the legal departments of the Santa F'e
and Southern California roads. THE
decision is undoubtedly complete
victory, said Judge Keeler today. and
simplifies the case to great extent 1t
is a defeat to the railway company be-
cause it could not Wrest the case from
the clutches of the state court. as was
tried"
The Santa Fe attorneys do not take
at all the same view of the decision as
Judge Keller we do not regaTd it
as a defeat at ALL" said Judge Horton
this morning THE case will now go
to trial on its merits. We We're never
afraid Of the law. What we were
afraid of was Interference on the part
of the receiver. The agreement en-
tered into by both sides does away with
all anxiety on this score
The legal department of the Santa
Ee has already filed defenses to all
points of law involved in the case and
also a general denial that the 20 per
cent of the stock of the company is
held by aliens. The points of law in
volved i'm the case viii be heard by
Judge Myers on Friday. 1T is expect
ed that a decision viii be reached in
the district court the first Of next week
at the latest and if appealed to the
supreme court of state. the case Will
come up for trial in January. The
Santa Fe attorneys do not anticipate
that the case VIII go farther than the
state supreme court until decision IA
vOrable TO the company is rendered
However. the case VIII be carried to
the United States supreme court if ne
pessarV