Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-08-10
OFFICERS FAIL TO
TIE UP A RAILROAD.
THEY FENCED IN THE TRACK.
SECTION MEN TORE DOWN THE
FENCE AND STOOD GUARD.
Trouble Grew Out of n Suit Following
the Temporary Abandonment of
the Southwestern Road
Judge Myers Ordered
Road Tied Up.

Leavenworth, Kas., Aug. 9-(Special)
The Leavenworth. Topeka & Southwestern
Railway Company was stopped to-day in
an attempt TO take its regular evening train
from this city 10 Topeka. Part of the road
was fenced in and Deputy Sheriff George
HOlybee. acting on an order issued by Dis
trict Judge Myers. served a writ of resti-
tuition on the officials of the road at this
place and notified 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 recover possess
sion of the land taken up on his $40 acre
farm west of this city. At the April term
of the district court, Stone secured a judg-
ment against the road, declaring him the
rightful owner of the land formerly on his
farm, that was granted for roadbed.
1t will be remembered that the South
western road was abandoned in March, 1892,
and no trains passed over it for nearly two
months. During that time, Stone fenced
up the road. and when operations were re-
sumed he began suit for title to the land,
claiming that it had reverted to him by
reason of the abandonment of the road.
After many delays, trial was had. and
Judge Myers rendered decision declaring
that Stone was entitled to the land.
Only two weeks ago, Stone filed a suit
since the April judgment. To-day an order
was issued to Sheriff Rothenberger to place
Stone in possession of the road. and he
sent a deputy out and had ii 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 II
an attempt was made to do so. Mrs. Lynch.
the postmistress, was also notihed to send
the Southwestern mail by some other route
and that II would not be permitted to go
through this way.
officials here that there was trouble ahead
they notified Receiver Mcclellan and other
officials in Topeka, and some lively moves
were made. The train left at the usual
time, $40.
A short time before it pulled out for To-
peka, gang of thirty section men tore
down the fences erected by Stone and the
deputy sheriffs. They removed all obStruc-
uons and stood guard until the train had
passed. A deputy sheriff took the names of
some Of the trainmen and placed them un-
der nominal arrest, but he was not able to
do anything in face of the big force of
railroad employees.
Last evening George Chaplain. the Santa
Re agent, acting under instructions from
topeka, sWore out a warrant for the ar
rest OF James Stone. charging him with
criminal offense in obstructing the Unit
TO the farm and brought Stone in and he
was placed under bond. When seen last
night by The Journel correspondent he
seemed to be laboring under some excite
ment and was threatening a personal dam
age suit against the Southwestern 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 further orders from
the judge. The new move of the Santa
Fe officials has put a serious aspect to
the matter. and the plan TO tear up the
track will not be pushed for the present.