The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1870-12-01
FROM COTTONWOOD FALLS.
LC,--e,?onlcnce Lcavenworth Times.

'r- ."SN'oD Ais, hASSAS, nov. Il, 1870.
The muGG.e over our railroad is not set
tied as yet, but the fight is having one good
effect; the people are getting was1d up AL
along the road To the grasping disposition OF
these railroads, and a feeling i, becoming
general in favor OF Legislative relief: When
the Kansas Valley Road undertook to avoid
Lawrence, Topeka, Manhattan and Junction
City, and were asking Lawrence SlOO, 900 to
come 10 the river opposite, | offered joint
resolution asking Congress TO amend the law,
and require that Company 10 make Lawrence,
Topeka, Manhattan and Junction City points
in the road. | stated in support of my mo-
| ton and resolution that il was the interest OF
every man in Kansas to build up, not pull
down CIR commercial centres. On the same
principle always, when in the Legislature,
sustained every reasonable demand of Leav-
enworth City, as your pecplewell know; and
| even EmporIa, cur rival, cannot point To Il
| vote of mine against her material Interests
| Bu; here is Railroad Company building
| Railroad in Kansas, not with their own
money, but with the peoples money, with the
| proceeds of public lands and county bonds;
| and ignoring the rights of the people, avoid
ing orr business towns, our commercial
centres, and building new towns in the inter
est OF a ring of spectators; those who came
ahead, and here built up the frontier, and
who made 4 demand for Railroads are to be
sacrificed to these cormorantS. Have We no
remedy? Let the law granting the Atchistn
Topeka n Santa Fe Railroad, passed in 1864,
he repealed, or at least amended, requiring
the road to Ike built to our commercial centres
along the line of road before the Governor
issues patents 10 any of our land. Let vs.
by Legislation establish a tariff of fare and
freight for our Kansas roads; there is no
sense in our Kansas roads charging six cents
per mile As does the A. I. ~ :. +. road or
about ten as does the n. =. road. Let us
establish Il uniform tariff of three
cents per mile for passengers and
freight i'll proportion. The X. y. road
really has no charter. Is an investigation will
show-char;ered, il is trlle, in 1855, bat her
charter was absolutely repealed in 1857, be-
fore the Company even organized.
The NJ, K.N L. road is operating under :,
chartec granted 10y Pennsylvania, authorizing
them Ia DO business anywhere only in Pen
syivania. OF course il is unconstitutional
and void: OF course all grants to that corpo-
ration are void. The \. r. Il $. i. Com
panv was chartered in 1859, but were not
authorized Ia organize until $4,000 was
subscribed, ten per cent. actually paid in,
and a certificate, duly authenticated Of the
fact, filed with the Secretary of State. The |
Company organized without dollar being |
paid in. the certificate filed with the Secre- |
tary of the Territory was not authenticated, |
and, besides, ii was a fraud and a lie. For |
long time Willis Gaylord and POmeroy had |
the A., L. * St. +. Il. X. Company in New |
Iork-Irm it there in the interest of New |
York ring. Of course this corporation has |
no legal existence there or outside of Kan |
sas, as for that matter, and all Its acts in New
York are void.
1t was this bogus New York concern that |
sent on, the present organization, Pomeroy
4 GAYLORD, getting 100000 acres of the Pot
towatomie hands, and 49,, 800 cash and ST.
800 in Usage County bonds as the conSidera-
ton. 1t is under this bogus charter, and boz
gus sale that the company are operating to-
day.
Mr.. Peter in our town the other day de-
liy.red himself in favor Of Judge CoOley's
Michigan Il. Il. decision, and stated that
Judge Kingman and Judge Brewer were
both believers in Judge Cooley's decision of
the uncons,itutionalty OF the Railroad bonds
issued by municipal corporations. Whether
this is SO or not, it will not be necessary TO
avoid bonds issued to this company on these
ground, because
lst. The \. I. q S. F. Company are not
We; legally organized.
I'd. They cannot now organize under our
State Constitution. The offer made them by
the Territory of Kansas, ceased with the Ter
ritorial organization and could not BE- accept
ed afterwards.
Sd. No map or profile has vet been filed
with Secretary of State, or in any county
through which this road passes.
9Th. The amount tn which any county
could subscribe under the Charters SlOO. 900.
9TH. The Company have never accepted
of any provisions a the General Incorpora-
ton Laws Of Kansas.
9th. This Company has no legal existence
to-day under the laws of Kansas, conse-
quenily all land grants, all bonds valid for
this Company are absolutely null and void. ,
The time may come when this company :
will be asking, and glad to receive favors I
and legislative aid from the people they are I
now grossly imposing upon. $50 mote it
be. Ncurs truly,