The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-08
AUSTIN ADMITS IT
l.. & Il. Receiver Now Says He
Signed ''TrainIesso Request.
But He Didn't Know Just What
He Was Signing.

Governor CapperS newspaper was
forced to admit this morning that w.
A. Austin, receiver for the Leaven-
worth & Topeka Railway company,
signed an application to the federal
court asking for the discontinuance
of the train. By esile presence of his
signature on the application and the
testimony of w. w. Hooper, his own
attorney, Austin is credited with tell
ing the governors paper over long
distance telephone that he signed the
application.
But 1 didn't know what it was,
Austin is credited with saying.
In the newspaper today Austin was
exploited as the discerning business
man, appointed receiver on the rec
concentration of the utilities commits
sion, who met obstacles and cut down
the expenses of the orphan road" In
short, his receivership was cited an
example of efficiency in support of
the administration bill to place the
selection of receivers for defunct utill-
ties in the hands of the public utilities
commission.
SwOre He Knew Contents.
Yet according to his own adniS-
sion, Austin signed an application ask
ing to discontinue the only passenger
train on his road without knowing the
contents of the application. The APP
plication was legal document,
sworn and subscribed to before no
he did not know its contents. At the
end of the application the following
statement is sworn to by Mr.. Austin
and his signature affixed to the end
Of it:
wv. A. Austin. being duly sworn
states that he is the receiver in this
above mentioned and that he knows
the contents of the above and fore
going application and that the state
ments and allegations therein con-
tanned are true, further affiant sayeth
not w. A. AUSTIN.
Furthermore, Mr.. Austin has been
forced to admit that w. w. Hooper,
his attorney, was present at the hear
ing before Judge Pollock when it was
decided an order disseminating the
train was necessary. And now Austin
admits he signed an application for
the discontinuance, but declares he
didn't know what he was signing.
Concerning the administration re-
ownership bill, which is given as the
cause for all this trouble, senators who
voted for it when the governors back
| is turned are calling it the toothless
wonder"
Here's the bug under tie chip"
| There was a great hubbub when the
bill was passed about placing the
| power of appointing receivers into the
| hands of the public utilities commits
SIGN. While the bill was under con-
| sideration, Snyder of Leavenworth Of
fered an amendment which gave the
utilities commission power to appoint
receivers for all utilities not located
in cities of the first class, About all
that gives the utilities commission to
appoint are receivers for utilities in
such towns as Lecompton. Rossville
ard Dover.
AIbaugh Still Waits.
! Morton Albaugh, clerk of the United
States court, expressed regret that
| Governor Capper had not proven
] himself big enough or fair enough to
specifically correct the misstatement
made in Mondays Capital editorial
While now admitting the original
charges false that the hearing was a
star chamber proceedings and that nc
application was made by the receiver
for the discontinuance of the one
train" said Albaugh, the governor
now obscures the claim that the APP
plfcation was made by the receiver
after the order had been made.
Judge Pollock stated at the hear
ceiver, represented Austin, that he
the train if the receiver applied for
| it," said Albaugh. Mr.. Hooper then
returned to Leavenworth. The re-
ceiver made and verified the applica-
ton and proposed order, both pre-
pared at the same time in Hoopers
office in Leavenworth, and they were
forwarded to Judge Pollock.
The judge signed the order with
the signed application of Austin be-
fore him