The herald., 1896-11-18
The S .nta Fe Litigation Grows
Rather Sensational
JOHNSON DID NOT QUALIFY
Which Warrants the Creation OF a New
Receiver
Judge Myers Strikes Out Attorney God
dard's Amendments and Refuses to
Transfer to the Federal Court
Associated Press Special Wire

Associated Press Special Wire
TOPEKA, Kan, Nov. 17.-Represen-
tatves of the Santa Fe Railroad COM
rany appeared in the district court of
Jefferson county yesterday for the .ini-
tial open court contest against the pro-
posed partition of the Santa Fe prop
erty AS result of the hearing Judge
Myers ordered the striking out of the
amendments offered by Assistant At
torney- General Goddard to the general
petition and refused to permit the trans
fer of the case to the federal court.
Charles f. Johnson will not be given
an opportunity to act as receiver. His
failure to qualify is considered warrant
for the appointment of a successor and
a new receiver will be created.
At the outset the suit is becoming sem
sational. Mr.. Keeler succeeded in get
ting Mr. Goddard's name spread upon
the court records. coupled with radical
charges of corruption. On the other
side proof was offered of Mr.. Keller's
having offered to sell out to the railroad
company but the court refused to re-
ceive the affidavit. The hearing was set
for o'clock yesterday afternoon at
Oskaloosa. The plaintiffs had express
ed the inenion of moving to strike out
the amendments offered by the attor-
neygeneral and it was to act upon this
motion the court convened
Judge Horton, Ex-Governor Thomas
A. Osborne, A. A. Hurd, attorney for the
Santa Fe, and c. H. Nettles went over
on special train, leaving Topeka short
ly before noon. The attorneys for the
plaintiff and Mr. Goddard travelled by
the regular train, reaching Oskaloosa
early in the morning. Mr.. Goddard
forced the court to the consideration of
a new point. The court had no right
to convene in Jefferson county at this
time, he maintained and any proceed
ings transacted at such session would
be void.
The October term of court had been
held in Jefferson county but it had
reached close and the same court was
now in session in Jackson county. The
adjournment in the former county had
been until December and not until the
present time. The Jefferson county
court could only be in session at the
present time, he maintained, under one
of two theories. 1t must be an adjourn
ed term or called by order of the court
made prior 10 the adjournment. No
order had been issued at that time so
that the theory became untenable. The
other was equally so because it required
the existence of the same court in two
places at the same time, legal impos-
sibility.
Il have examined very thoroughly
into this question" said Mr.. Goddard,
land am certain of my authority. I'm
| der ordinary circumstances / would not
| take this step, but in view of the extra
ordinary action of those who claim to be
representatives of the state, consider
it my duty to the people who demand it,"
| Mr.. Goddard explained that he had
considered the action he had taken nee
essary. Although he had failed to con-
suit the county attorney, he had done
| so because he understood new steps
were about to be taken and wanted to
prevent this. He had acted throughout
under the advice of the governor.
THE manner and, circumstances" the
| judge responded, under which the
amended petition was filed, seem to me
| absolutely unprofessional. The matter
| of duty to oath of office I will leave to
the attorneygeneral and his conscience.
I will recognize in this case only the
county attorney and not the attorney
general"
Mr.. Keller drew up and presented to
the court an order charging Mr.. Goddard
with contempt of court but the court
said that he did not have time to con-
| slider the matter and therefore it was
passed. Mr. Goddard also presented a
counter order charging Keller and his
associates with trying to sell out, but
the paper was not accepted.
| 1t seems to be agreed that Judge My
ers will name new receiver for the
Santa Fe property in Kansas tomorrow
and that ex-senator John Martin of To-
peka will be appointed.