The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-08-10
Leavenworth Officers Fail to
Tie Up a Railroad.
Track of The L.. T. & s. Fenced
Up Without Avail.
ORDER OF THE COURT
Defied by the Santa Fe Section
Men-CIash Follows.
Marshal Nicely Takes a Hand in
the Contest.

Leavenworth, Aug. 10.-The Leaven-
worth, Topeka & Southwestern Rail-
way company was stopped yesterday in
an attempt to take its regular evening
train from this city to Topeka. Part
of the road was fenced in and Deputy
Sheriff George Holybee, acting on an
order issued by District Judge Myers,
served a writ of restitution on the Of
ficials of the road at this place and no.
titled them not to take a train over the
road.
This writ of restitution grew out of
the suit Instituted by j. G. Stone, Jr.,
against the Southwestern road to re-
cover possession of the land taken ND
on his $40 acre farm west of this city
At the April term of the district court
stone secured judgment against the
road, declaring him the rightfuI owner
OF the land formerly on his farm. that
was granted for a roadbed
1t will be remembered that the South
western road was abandoned in March,
nearly two months. During that time
Stone fenced up the road, and when
operations were resumed he brought
suit for the title to the land, claiming it
had reverted to him by reason of the
abandonment of the road. After many
delays a trial was had, and Judge My
ers rendered decision declaring that
stone was entitled to the land.
a
demanding $1,000 for the use of the
land since the April Judgment Today
an order was issued to Sheriff Rothen-
berger to place Stone in possession of
the road, and he sent deputy out and
had it fenced in. The deputy notified
the train crew and the Santa Fe agent
here not to run trains over the road,
and that arrests would follow if an at
tempt was made to do so. Mrs. Lynch,
the postmistress, was also notified to
send the Southwestern mail by some
other route and that it would not be
permitted to go through this way.
When notice was served on the COM
pany officials here that there was trou-
BILE ahead they notified Receiver Nc
Lellan and other officials in Topeka,
and some lively moves were made. The
train left at the usual time, 4:40
A short time before it pulled out for
Topeka, a gang of 80 section men tore
down the fences erected by Stone and
the deputy sheriffs. They removed all
Instructions and stood guard until the
train had passed.
A deputy sheriff took the names OF
some of the trainmen and placed them
under normal arrest, but he was not
able to do anything in face of the big
force of railroad employees.
Last evening. Geo Chaplain, the San
ia Fe agent acting under instructions
from Topeka, swore out warrant fol
the arrest of James Stone, charging
him with a criminal offense in obstruct-
ing the United States mails. Marshal
Nicely went out to the farm ano
brought Stone in and he was placed
under bond. When seen last night he
seemed to be 1aboring under some ex-
element and was threatening person
al damage suit against the Southwest
ern and Santa Fe roads. He says that
he was acting under orders of Judge
Myers of the district court, and that
he will not do anything more until fur
Their orders from the judge.
The new move of the Santa F'e Of
fcials has put a serious aspect to the
matter, and the plan to tear up the
track will not be pushed for the pres
ent.