The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-02-26
CLASH OF TWO COURTS
JUDGE UTZ MUST APPEAR BEFORE
JUDGE ANDERSON TODAY.
LAWYERS and Others VIII Also BE
Called to the NEUTRALITY-SUSPICIOUS.
Of Ignorance.

The hearing of testimony by Judge An
derson, of the Federal Court, yesterday,
in the trial of Charles Kelso, receiver of
the NJ. Zier Company's plant in New Al
bany, Raymond Morris. sheriff of Floyd
county, and others for alleged contempt of
the court. brought out manifestations OF
ignorance. Kelso was appointed receiver
for the plant by Judge Utz after Fred
Conner had been appointed receiver by
Judge Anderson. Kelso admitted that he
had practiced law, but on cross-examina-
ton by Judge Anderson during the after
noon, admitted a number of actions dur
ing the proceedings which were said to be
unprecedented i'm lawyer. When asked
by Judge Anderson why he had violated
the laws of the United States by trying
to take possession of the NJ. Zer Com
panys property after he knew that
United States officer was i'm charge, he
exhibited law book from which he started
to read precedent. Judge Anderson would
not allow him TO do the reading, but took
the book. and after reading the passage
told KeIso in pointed language that the
law on which he based his action had been
reversed years ago by the United States
Supreme Court. Kelso admitted that he
knew he was violating the laws of the
United States by accepting the receiver
ship given him by Judge Utz. of the
Floyd county Circuit Court.
A humorous incident during the trial oc-
Cured when Sheriff Morris and his dep
uty. Robert Sitison, were placed on the
stand. Morris said he did not know that
the United States Court was greater than
his own county court. He said he had never
read the Constitution of the United States,
and did not know that one court was in
ferior to the other. He thought that what
Judge Utz had ordered him to do was final,
and he had no other course to take. The
testimony of Sitison was similar to that
Of his chief. He said he took possession
OF the NJ Zier Company's property after
having read the writ issued by Judge Utz.
Judge Anderson, after hearing the testi-
mony, had a subpoena issued for Judge
Utz TO appear this morning before him
to show why he should not answer to a
charge of contempt of the Federal Court.
Other subpoenas during the day were is
sued for Attorney w. ID. Watts and ID.
A. Sachs, of Louisville, and William Proof,
deputy county clerk of Floyd county. 1t
was admitted during the morning session
of the trial that Watts had sent word
that he would go to Jamaica before he
would appear before Judge Anderson on the
charge OF contempt.
Keiso was kept on the stand most of the
day, his testimony not being concluded until
o'clock in the afternoon. He was fol-
lowed by Morris and Sitison. Court was
then continued until this morning at 9
o'clock, when it is thought Judge Utz will
be put on the stand.
The action which has brought the New
Albany officials and attorneys here to an
swer the charge of contempt of court be-
fore Judge Anderson is a conflict of au-
thority between the Federal and State
courts. The Nj. Zier Company manufac-
lures boilers and engines in New Albany.
The New Albany Trust Company was first
appointed receiver for the plant. Follow
ing this action the Inland Steel Company
asked for an involuntary petition in bank
ruptcy against the company. On the hear
ing of this evidence Judge Anderson APP
pointed Fred Common receiver. When the
latter was ready to take possession of the
plant Judge Utz, of the Floyd Circuit
Court, appointed Charles Kelso, an at
torney of New Albany, receiver. The lat
ter tried to take possession of the plant
and its Office furniture, including the safe
when Connor appealed TO Judge Anderson
Judge Utz then had writs issued fol
Connor and the night Waterman he hac
employed. to appear before him for con
1 tempt OF court.