Kansas City daily journal., 1896-11-27
A CONFLICT OF AUTHORITY.

ptIlIy.
A CONFLICT OF AUTHORITY.
It is not improbable that the Santa Fe
litigation now in progress in Kansas may,
in its final adjudication at least, become
of great national importance. In peace
full way it appears to involve very much
the same question of states rights which
confronted President Cleveland when he
sent the regular army into Illinois to quell
the Chicago riots, for one of the issues
raised by the railroad attorneys is whether
or not the state courts can assume jurisdic-
tion over a military and post road and
deny the right of United States courts to
intervene.
While it is altogether probable that the
issue will finally be adjusted in peaceful
manner, there are nevertheless alarmists
in Kansas who predict n conflict between
the state and national governments even
to the extent of a show of arms, but it is
scarcely necessary to add that they are of
the Populist orator class who declaimed
in the recent campaign that if ballots could
not win then bullets would be tried. How
ever, it is interesting at times to consider
even the opinions of alarmists, and in this
connection we quote the remarks of a
well known Kansas lawyer who is inclined
to believe the Santa Fe litigation will yet
result seriously.
''You will discover" said this lawyer,
that before this conspiracy against the
Santa Fe railroad reaches its final dis
missal and punishment there will be
trouble of the most alarming character.
On Monday United States Judge Foster is
likely to hand down his decision that the
case properly belongs in the federal court.
Judge Myers, of the state court, has al
ready decided, however, that he will not
recognize this change of venue to the
federal court, and when the case comes
up for trial before him at the next session
of district court in Jefferson county he will
render judgment adverse to the Santa Fe
and order ex-senator John Martin to take
possession of the railroad property as re-
ceiver. When Martin attempts to comply
with this order he will be confronted with
the injunction which Judge Foster has
granted. and in the meantime the case will
go from Judge Myers court TO the supreme
court of the state, where the decision of
Judge Myers will undoubtedly be sustained,
as the court will then be in the hands Of
the Populfsts.
The situation will then take on this as
pect: Backed by the decision of the state
supreme court Receiver Martin will at
tempt to assume charge of the railroad;
while ensconced behind the injunction is
sued by the United States court the rail
road managers will refuse TO turn the
property over. But one thing remains for
Receiver Martin to do, and that is to noti
fy Governor Leedy that he is unable to en-
force the decree of the state supreme court
and ask for assistance. Governor Leedy
will conceive it to be his business TO call
out the militia, and at the same moment it
will fall to the duty of Judge Foster 10
notify the president of the United States
that Kansas is in rebellion against the
United States authorities and pray for
such armed assistance as will be necessary
to prevent the state troops from placing
Receiver Martin in control. The federal
authorities will grant this assistance and
then two ahmed forces will confront each
other upon the soil of Kansas"
1t might not be inappropriate to add that
this Kansas attorney carried his sanguin-
ary prophecies to the extent of launching
these forces in act1ral conflict and also out
lined a guerrilla war which had as one of
its results the tearing up of the Santa Fe
tracks and a total obtteration of its Wis
ible properties.
But whatever may be our admiration for
the fine Imagination which has aided and
abetted this gentleman in his remarks
quoted above we must nevertheless per-
tensions of war. The Populists OF Kansas
are not yearning for conflict nearly so
badly as their ante-election remarks about
ballots and bullets might seem to indicate.
In fact the experiences of 1888 have been
quite sufficient 20 teach them that war is
not what it is cracked up to be, and there
is only the remotest possibility that Gov
ernor Leedy would attempt any such bluff
is foreshadowed by our imaginative
friend.
Neither is IT quite fair to assume that
the Populist supreme court and the Popu-
list governor are in league with the con-
spirators who appear to be harassing the
Santa Fe for the sole purpose of advancing
their personal ends. 1t is altogether prob
able that the litigation will get through
the Kansas courts and the local federal
courts to the United States supreme court,
where it is eventually certain to land, with
out any conflict between them other than
OF peaceful character, and then a decision
will be reached that will establish once for
all what control and protection the federal
government is entitled TO exert over rail-
roads which have been chartered as mill
tary roads and postal routes.
EDITORIAL NOTES.