The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-11-18

Dawes. IL replied that L would 60"
Phnney continued but would have to
wait till / could get some money. God
ard said that was all right He would
lend me money I went to Topeka and
conferred with Dawes
How did you 90 to Topeka2" asked
Keeler.
by special Santa Fe train
'.ANho We're on the train2"
'sKenna. Hurd Dunlap. Judge Hor-
ton. GODDARD and perhaps some 9TH
ers."
When did you learn that the Santa
Fe people had filed an application to
remove the case2'
About o'clock on the afternoon Of
District clerk L. E. Merritt was
placed upon the stand de testified
that GODDARD came to his home shortly
after Z O'Clock on the morning OF No
vember 9. While he was milking and
said he had some papers to file. He
accompanied GODDARD to the court house
and took charge OF the petition for re-
moval. He also certified to tran
script DC the case to be presented as
he was informed. to Judge Myers.
Keeler offered all the papers filed by
tine Santa Fe attorneys and Mr. Cod
ard. including Governor MOrrill's order
to Dawes to take charge of the case.
to show that they We're all prepared in
the same office.
GODDARD moved to strike out the evi-
dence The motion was overruled- The
defense did not offer any testimony.
Keeler began to argue the motion II
don't understand that Keeler is in the
case" said GODDARD
The court understands that he is"
the court replied
Keeler made fierce attack on God
ard. accusing h1m or corrupt actou IN
the manner in which he had operated
in colusiOn with the Santa F'e law
yers.
TT is bad enough for an attorney to
betray client" said Keeler, but
when fine client is the state of Kansas
it is worse.
Godard replied with great force He
defended the governor and Attorney
General Dawes saying that they mad
acted in good faith, and for the best in
terest of the state of Kansas de adj
rnitted having filed an amended bill
with view of having the case go to
the federal court. 1t was matter OF
expedfency he said lit was the quicker
way to the United States supreme court
where the case was bound to go In
reply TO the attack by Judge Keller
ATr GODDARD said he had not betrayed
his client which was more than Judge
Kaeler could say. He desired to offer
an affidavit. keeler objected
show the affidavit to Judge keelers
said the court
The ahidavit was handed over
Keeler read it and objected again
Il want the court to read it, said
Il am not curious the court said,
'5Ie Keeier = handed the letter to the
''eTH .--F6e objection is sustained Judge
Myers said. and returned the letter 10
Keeler. who delivered it to GODDARD
II desire to file the afidavtt with the
other papers in the case" said God
I..You can't do it. the judge said.
Then Godard gave the afldaNlt TO
the reporters -,.-- v1r
The afidavft was by DIR. George w
r4ceral.aor7 chief surgeon of the Santa
F'e system
IT. fonows. Geo wv. Hogeboom Of
lawful age being first duly sworn, 9A
oath deposes and says, that on Wel-
,,ssaazr fna nth daV of NONem Der 1e5o'
Mr. Henry Keeler Of Iopeka' hAali-'
came to him at his office az lhe a l9lil-
SON Topeka and Santa re HO~l1eal -
soeiation building i'm the city OF Iopeka
and said that he desired him tlhe saiu
affant) to make a proposition TO the at
tornevs for the defendant ln the case n
the State of Kansas vs. tlls @ = 1,,-,1,
Topeka and Santa Fe Railway com pan5
commenced in the district court oI ser
fersOn county. Kansas NoNehlOeI p;
1895. that if the judgment that ne haH
for collection against the road TOT apou1
$40 600 was paid ne would WlthdfaW
from the case in a friendly way anu
thar he would give such Information as
ne had and render assistance lA tA0
rasa # desired That said aftiant gave
he above Information to the attorneys
of the railway company, ana lney a.
sired him to inform Mr. keeler thal ms
proposition would not De acesplsu'
which afiant did.
The opposing attorneys denounced the
statement of DR.. Hogeboom as raise
The court then made the rulIns as
stated The journal entry i'm the case
was signed by the judge, substantially
as presented by keeler, and II SHOWS
GODDARD in the attitude ot oelraylns lne "a
state i'm the interest OF the santa q 40
saw that GODDARD is indignant is putting
it mildly
Before the court adjourned Judge
Henry KeeIer asked Judge Myers to sign
an order requiring General SolIcltof T.
d. Kenna, General Attorney "A "A tuEd,
General MANAGER J. j. Frey, ex-Chlet
Justice A. H. Horton and Robert Dun
Ian representing the Santa F'e, and
Mr.. GODDARD. claiming to represent the
state of Kansas, to appear IN court ana
show cause why an attachment Tor
contempt ~in procuring and paruclpat-
ing ia said cOllusive agreement and pro
and proceedings of this court ana COR
ruptfrg the administration of justice
shall not issue against them
Developments in the Santa Fe receiv-
ership case today point strongly to the
possibility of a clash between federal
and state judicial power
AT OskaloOsa yesterday Judge Myers
held that the receivership case had been
Improperly removed from his court to
tine federal court of the United States /
Today Judge Foster holds that the case
has been properly removed to his court
inasmuch as he has issued an order re-
straining the receiver from taking pos
session of the property of the Santa Fe
company in Kansas, and also restrain |
ing County Attorney Phinney and his
associates. D. r. Hite. Henry keeler |
H. b Schaeffer and Marshal Gephart !
from taking any further proceedings
in the state court looking to the ap-
pOintment of a receiver or receivers or !
interfering in any way with the man !
agernent of the road. Neither court can (
enjoin the other and it now looks as if /
the matter viii be carried to the su- /
preme court OF the United States before /
it is finally settled