The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-27
Topeka L. & T. Subscribers Vote
To Return Subscriptions.
Believe They Cannot Get Title
Under Court Decree.
FARMERS STILL WANT ROAD
LeavenwOrth Subscribers Vote
To Call Down Money.
Money Is Now in Hands OF
Clay Center Banker.

At a meeting of the subscribers to
the Topeka $4,000 portion of the
Leavenworth & Topeka railroad pur-
chase fund at the Chamber of Com
merce Friday night it was voted that
the Topeka money be called down on
account of the impossible terms OF
Judge Pollock's final decree govern
ing the purchase of the road.
Opinion at the meeting was pracu-
cally undivided that under the terms
of the decree as it now stands 1t wouio
be folly to try to operate the ROAD.
1t was the sense of the meeting that
the Pollock decree prevented the pros
pective purchasers from gaining any
kind of title to the road except a mere
operating contract.
IT was pointed out at the meeting
that should the road be purchased I'M
der the decree, as seems TO pc tie
desire of the farmers in the affecteo
territory, it would only open the gates
for a series of legal battles. 1t was
feared this would eventually result
in the property being called back TO
the federal court and its return 70 tne
wells interests, with DAMAGES winch
might be sustained by Welss on Ac-
count of the de1erreu Juhhihs
road.
When the motion to call the To-
peka portion of the 100000 L. q l.
purchase fund down was up Tor ais
crssion if was asserted that topeka
| feIt that the $4,000 earnest money
nut up when the bid for the road was
made should be pro-rated among the
communities involved. Ine sio.VVo
| formed 10 per cent of the total SUD,
| scription to the fund, and the 1lnal
vote as it was carried called down the
Topeka money except tor our pro-
rata 10 per cent of the earnest money
which is in the hands of the court
and which will be returned TO the oio-
| derS May TO-"
| Under the terms of this decision OF
the subscribers each subscriber Will
! receive 80 per cent of his original SUP
scriptionsin the immediate future, ana
the remaining 10 per cent very soon
after May 10.
Use of Money.
| Before any action at all was taken
| by the subscribers at the meeting a
discussion came up as to just Where
the money subscribed for the pur-
| chase of the road was located and IN
whose charge it rested 1t came out
that the money subscribed for the
purchase had been turned over to the
committee which went to Leavenworth
to bid in the road by the trustees who
were named on the subscription blanks
as trustees for the fund. This com
nittee, according to the story told a
the meeting by w, A. johnson, wa:
composed of F. H. Roberts of Oska-
loosa, a banker named Hanna of Clay
Center w A. johnson and one other
This committee elected Hanna a.
treasurer of the committee and the
money was turned over to him fol
safekeeping.
According to the Johnson story
Hanna himself put up his persona
check for $19,500 to cover the defici
occasioned by the failure of Leaven
worth to turn over the money sub
scribed in that city. 1t was PARTIAL,
to protect Hanna that the men presen
at the meeting Friday night voted tt
withhold their demand for the return
of the full Topeka subscription unit
after May 10.
Farmers Want Road.
Another thing which came out a
the meeting was that the farmers apt
citizens in the towns in the affected
|, territory are still anxious to purchas,
the road regardless of the title to it,
Topeka subscribers failed to see VIII,
they should speculate with a propert.
to which they could not gain a clea
title"
Word was received in Topeka thi
morning that at meeting of tn
Leavenworth subscribers Friday nigh
in Leavenworth, the Leavenworth sub
scriptjon was also called down.
A telephone conversation with Fl
]. Helmers, jr., of Leavenworth. on
, of the men instrumental in securing
the Leavenworth subscription, sal
that Leavenworth had drawn dow
= her subscription for the reason tina
I'VE could not get clear title to TIL
road under the terms of Judge Pol
, locks final decree"