The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-07
Morton Albaugh Calls Again for
l.. & T.. Correction.
Witnesses Declare Austin
Signed E"TrainIess" Order.
HE DID IT WITHOUT PROTEST
"He Could Not Have Been
Forced to Sign It."
''RailrOadS Behind 1t ALL"
Capper Answers.

W. W. Hooper, attorney for w. A.
Austin, receiver, for the Leavenworth
& Topeka railroad, stated emphatical-
ly over the long distance telephone
that Receiver Austin did sign an ap-
plication for a discontinuance of the
passenger train on the orphan road
Hooper is positive of this fact, de-
MED by Austin, as any man could be-
IT couldn't be mistaken" said Mr.
Hooper, las I saw Mr.. Austin affix
his signature to the application in my
own office in Leavenworth. Mr. Aus
tins wife was there at the time and
the application was subscribed to be-
fore C. F. w. Dassler, a Leavenworth
notary public, and a we'll known at
torney in this city"
| Nor does Hooper stop there in deny
ing statements made by Austin in Gov
ernor Capper's paper this morning.
Hooper declares he was present at the
hearing which resulted in the courts
order.
Not only did Austin sign the ap-
plication,' said Hooper, but he did SO
without a protest. And Furthermore
he could not be forced to sign such
an application. The railroads had no
more to do with it than a man in
| Alaska did"
| He Calls OH Capper.
! Morton Albaugh, clerk of the Uni
! ted States court, continues to call on
| Governor Capper to correct the al
| legged injustice done by the publication
| of an editorial which it is claimed
was not based on facts.
II believe said Albaugh in
| signed statement today, that Govern
! or Capper will be big enough and fair
enough 10 generously correct as far a.
is within his power a grave injustice
| done.''
| Albaugh's statement, in full, fol-
! lows:
| THE Capital editorial which I yes
terday asked Governor Capper to cor
rect charged that at the Leaveawotth
& Topeka railroad hearing held before
Judge Pollock the order was:
| First. a star chamber proceeding
| Second, that the discontinuance
was ordered at the request of the rail-
roads without the receiver being rep
/ resented
| Open as Any Hearing.
Il reiterate:
First, that w. w. Hooper, a well
known Leavenworth attorney and the
! attorney for Mr.. Austin, receiver, was
present at and partici pated at the
! hearing and that it was as open as any
hearing ever held in any court That
! every interest in any way a party to
| the record in the controversy was rep
resented.
| Second, that the order made was
| based on an application, signed and
| sworn to by Mr.. Austin, receiver. The
receivers oath was subscribed to be-
| fore c. F. w. Dassler, a notary public
and well known lawyer of Leav en-
| worth on February 8.
| In view of those facts, all true and
tall matters of record. 1 still believe
even in the face of this morning.
Capital that Governor Capper will
| be big enough and fair enough to
generously correct as far as is within
his power a grave injustice done"
Railroads Move.
| Asked today that if it can be proven
that Austin did sign the application
for discontinuance of the train
! whether an injustice had been done in
/ the editorial, Governor Capper re-
piled in the affirmative.
| Il did not mean to do an injustice
to Judge Pollock said the governor.
/ but there appears to be no dispute
| that the springing of the order at this
| time was a move on the part of the
railroad to kill the bill providing for
receivership appointments by the pub
lie utilities commission said Cover
nor Capper.