The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-19

fere with the work of the county Off
GERS of Montgomery county in their
prosecution of the pipeline dynamiters
"I certainly will not call out the mill
tia unless / have to-, said Governor
Bailey this morning, land so far as ]
can see, there is no need for such ac-
tion. The officials down there seem to
be fully able to handle the situation -
So far no application has been made
to the governor for the assistance of the
militia, and all reports indicate that the
sheriff and his deputies are sufficient
to the needs.
the attorneys for the Kansas Gas Pro-
tective association, was in Topeka to-
day, and said:
while there is a good deal of excite
ment about this affair in Coffeyville,
think that there is not the least doubt
that the county officials can take care
of the situation without any assistance.
The situation is not as bad as might be
imagined.
There is some reason to believe that
the dynamiting was not done by resi-
dents of that county at all. / do not
allege this to be the case, but 1 know
that some of the leading men down
there think that the evidence indicates
that the dynamitfng was done by the
pipeline people for the purpose of
arousing public sympathy. There are
some peculiar circumS tances. These ex-
ploSions occurred at intervals of half
pipeline. The workmen of the company
were scattered along the line but the
people who did the work did not seem
to fear any Interruptions from this
source. They took their time to it. If
it had been done by people who live
down in that locality, they would have
been likely to set off one blast, and then
scatter for fear of detection by some of
the company'S employees.
Another peculiar circumstance is
this: When those italian laborers were
threatened with arrest, they were scar
ed to death, and chartered like a lot
of monkeys. But all these explosions
of dynamite in their immediate vicinity
did not seem to worry them in the least.
People several miles from the pipeline
were aroused by the explosions, but it
never bothered the Italians"
Mr.. Zeigler does not consider that the
piping of gas away from Montgomery
county in itself constitutes a serious
menace to the county, which is a rath-
er broad admission for an attorney for
the Gas Protective association to make.
I'VE have plenty of gas down there" J"
he said, "and so far as Coffeyville is
concerned, the situation is pretty well
controlled by the local company. If the
home people stand together, they can
keep all the Coffeyville gas at home.
and we have enough there for years
and years. If this concern which is
building the pipe line to Kansas City
simply uses the natural flow of the
wells, and does not use pumps, 1 do
not think the construction of the pipe
line will make very much difference
with the situation. The magnitude of
the danger has been considerably eXag-
gerated, / think. The chief trouble is
that the report that the gas is being
taken away will injure the county, and
perhaps interfere with our progress.
I'm regard to the statements attribu-
ted to Kelley, Ergenbright and others,
that the people should take the law into
their own hands if there is no other
way to prevent the piping of gas. I
would simply say that I hardly think
these gentlemen made the statements in
exactly that way"
Smelling Files Answer.
Judge George Smelling, of the city
court of Coffeyville who was prohibited
by Judge Flannelly's injunction from
causing the arrest of laborers engaged
in the construction of the pipe line, and
against whom an alternative writ of
mandamus was issued by the state su-
preme court for the purpose of compell-
ing him to issue the warrants as asked
for by the Gas Protective association
through their attorneys, w. E. Ziegler
and ]. H. Dana, filed his answer today
to the mandamuS action. 1t is SuppOS-
ed to have been for the purpose of con-
ferring with Frank Doster, one of the
counsel in the case, that Mr.. Ziegler
came to Topeka today.
Judge Smelling is between two fires.
The district court of Montgomery coun-
rants, and the hackers of the mandamus
action are seeking to overrule the dis
trict court Judge Smelling says in his
answer:
This defendant prays that he may
not be jeopardized or held in contempt
of this court, and that this court will
clearly indicate to him what he shall
do in the premises and that the cost of
this action, inasmuch as the defendant
has acted in absolute good faith, with
out conspiring with anybody, be charged
to the plaintiff
Chief Justice Johnston, of the su-
preme court, stated today that the man.
damus case would not be heard until
the January term of the court. which
begins January 2. AT that time it is
likely that the parties will present an
agreed statement of facts, and that the
legal propositions involved will be
gued upon a demurrer or some other
motion. The case is likely to be adj
vanced on the docket and set down for
speedy hearing.
H c. Dooley another attorney inter
ested in the gas litigation, was in To-
peka today, and had a conference with
Justice Johnson.