El Nuevo mexicano., 1919-05-01
SANTA II, RATION AND
EASTERN TAKEN OUT
OF RECEIYERSHlP
BY JUDGE AEDLET
EIGHTH JUDICIAL DISTRICT
COURT PROHIBITED BY FED.
ERAL COURT FROM EXERCISING
JURISDICTION.

The Santa Fe, Ration and Eastern
Railroad Company, a coal road OPP
Grating Is miles OF track from RAJ
ton to Sugarite and also to Yankee.
MI was today taken out Of the
r~eceivership into which a district
Court had placed 1t. The action was
taken. by U. s. District Judge Colin
Neblett who concluded the district
court had no jurisdiction, a foreclos-
ure suit having already been brought
in federal court in regard to this
railroad. An application for a receiy-
per had also been pade In the feder-
al court before it, was made In the
district court.
The signing of the decree followed
a day and a half of argument in the
federal court here.
The restraining order signed to-
day by Judge Neblett was directed
Ito the district court of the eighth
judicial district in and for Colfax
county which is prohibited from ex-
ervising jurisdiction in cause 5l20
and 5121 filed in that court or exer-
cising right over the property Of the
Santa Fe Ration and Eastern Rail
road Company. The st. Louis Rocky
Mountain and Pacific company, the
B,0ssburg Mercantile Company, and
theil officers and agents are re-
strained from interfering with de-
PENDANT railroad company's property.
Ernest Ruth is enjoined to sur
render to Robert Lawrence, one of
1.-THE plaintiffs in the action entitled
Macintosh Kellogg and Robert Law
renee, plaintiffs, VS.. the Santa Fe,
Ration and Eastern Railroad, defen-
Edant, and the st. Louis Rocky Noun
Gain and Pacific Company, interyen-
or" all the property he took into pos
session under the order Of the court
Of the Sth judicial district and he is
~enjoined from exercising any au-
thority over It,
The court also orders Robert Law
Erence to take control OF the property
foperated by defendant as lessee and
make necessary repairs, "and keep
the same in proper and serviceable
repair for the discharge Of its duties
as, a common carrier to the people
of the State of New Mexico and the
patrons Of the said road Attorney
e. p. Davies, OF Santa Fe and Judge
Jesse G. Northcutt Of Denver. appear
ed as attorneys for plaintiffs. Q. u
Phillips, Of Ration was attorney for
the interyenor, the st. Louis, Rocky
Mountain and Pacific Company, and
Messrs Catron and Catron represent
ed the defendant. Harry s.. Bowman,
assistant attorney general, appeared
on behalf Of the state Of New Mex
leo.
The decree finds that on April IL
of this year the St. Louis, Rocky
Mountain and Pacific Company fill
ed a petition in intervention seek
ing the appointment of a receiver to
take charge of the property of the
defendant company for the purpose
iof repairing, improving and operat-
ing defendants railroad. The state
Of New Mexico filed a petition seek
ing substantially the same relief as
that sought by the intervenor. 1t is
further stated that on April rs, the
st. Louis, Rocky Mountain and Pa
cific Company ct al, filed in the
eighth judicial district court a sworn
complaint seeking to have a receiver
appointed for the defendant com
pany's property and the state sought
the same relief. both complaints
charging substantially the same dere-
.lictiohs OF duty on the part of the de-
PENDANT, The petitions were con
fsolidated for trial and on April 20
the eighth judicial district court APP
pointed a receiver, r. L. Myers. with
power to take possession Of the pro-
perty of the defendant the Santa Fe,
Ration and Eastern Railroad Co, and
to operate 1t. Thereafter Ernest Ruth
was appointed as receiver and enter.
ed upon the discharge OF his duties.