The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-11-07

Appoints Charles F. johnson Receiver Of
the System in kaasas-Gives the Com
pany Five Days in Which to Make Terms
With Him for Operating tho Line-Eirss
Case TO be Brought In the State Upder
the Allen Land Lsw-What Officials of
the Road say of the nsove-Just a Trace
OF Political Color In IL.
Topeka, Kan, Nov 6-The bond OF c.
Z. Johnson. who has been appointed re-
ceiver OF the AtchSon. Topeka and San
IA F'e railway property il Kansas, has
oeen fixed at $4,000 The court appoint
ing the receiver orders him TO enter into
an agreement With the officials Of the
railroad company 10 operate its Line.
within five days, and if, at the expiration
of that time, the company had failed 10
enter into SUCH an agreement, the re-
ceiver is directed 10 take charge OF the
rolling stock and operate the line.
II is estimated that the company owns
S20,0o0,000 worth OF property in Kansas.
The suit covers the entire main line,
which owns all the real estate. II is un.
derstood that the company's first move
Will be 10 ask that the case be transfer
red to the United States court. Gen.
eraI Solicitor y. a. Hurd, of the Santa
Fe. IN Kansas. refuses, at present. TO
talk about the case.
This is the first case ever filed in Kan
sas under the alien land law, and its re-
suit will be watched with great interest
by capitalists and big corporations. Re-
ceiver Johnson is the Republican state
senator-elect of Jefferson and Douglas
counties and a prominent business man
OF OskaloosS.
Judge Louis Meyers, who appointed the
receiver, was elected judge of his dis
trict four years ago on Democratic-Pop
ulist fusion ticket, and was reelected last
Tuesday by the Popocratic combination.
Heretofore he has made no decisions of
noteworthy character. For local
state judge to take such action is a de-
cided innovation in Kansas.
SOLICITOR HURD SPEAKS.
Mr.. A. a. Hurd. solicitor for Kansas OF
the Santa Fe railway system, in an in
terview with a reporter regarding the re-
ownership, said::s
THE commencement of the suit is no
surprise to US. although the fact that a
receiver was appointed by Judge Myers
without notice to any party in interes.
is a surprise. Although this suit is
suit is brought ostensibly in the name oe
Kansas, under what is known as the
alien land law passed in 1891, it is really
for the purpose of forcing the payment OF
a private debt. A man named Mabie
has a claim of $4,000 or $40, 900 for in
juries received in the state of Illinois
against the old Atchison. Topeka and
Santa F'e Railroad company and has ben
seeking to compel the present Atchison,
Topeka and Santa Fe Railway company
to pay the claim and the matter has been
pending, before a special master, in the
federal court for long time"
The attorney for this claimant, Mr..
Hurd asserts, is practically the instiga-
ton OF the suit. Continuing, he says:
II do not apprehend that the company
will be put TO any serious inconvenience
or expense by the litigation or that Mr..
Keller will be able 10 collect his claim
any sooner because of it
MORAWITZ'S OPINION.
New York. Nov. 6.-Victor Morawitz,
general counsel Of the Atchison road,
says of the action of Judge Myers at Os-
kaloosa. Kan, yesterday in placing the
road and equipment Of the Atchison. To-
peka and Santa Fe road in that state in
the hands of a receiver:
THE action of the Kansas court in
placing $50 miles of our line under its
jurisdiction by appointing a receiver,
comes to us as a great surprise. We Go
not understand it and cannot see how the
law touching Kansas lands applies 10 the
Atchison Railway company. 1t Is not
quite clear why such summary action
should be taken without giving us some
sort Of notice. AS it is, We have been
apprised OF the courts action only by
private dispatches.
1.-THE court has evidently exercised its
power by appointing receiver for our
Kansas lines on the application OF
county attorney. This might have been
done after giving three months notice 10
enable US to meet any issue that might
have been advanced But we have 10
idea that the appointment Will stand.
We viii fight il and our general solicit
tor has left Chicago for Topeka TO re-
sist the courts action
Under the appointment OF receiver
the company will continue TO operate the
road and the system will not De impaired
in any particular. As to the motives
that brought about the rece!vership,
have nothing to say"
Chairman AIdace F. Walker, OF the
Atchison. said:
1.-THE action of Judge Myers IN appoint
ing a receiver for our road in Kansas IS
based on a legal technicality. /. Is Civ
ing US no concern here and the stock
holders need have no apprehension as tho
company's interests are fully protected"
TO CURE A COLD IN ONE DAT
Take Laxative Brorno Quinine Tablets.
All druggists refund the money II Il