The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1885-03-13
Va thS ctuLC VA BhGhcocs
topeka, KAN, February g, 1885.



torney General, Instituted. and is now prose-
cutting, two suits in the nature of writs OF
QUO warranto, the one against the Kansas Pa
the directors OF the Union Pacific Railroad
Company, for the purpose of deter
mining amongst other things tie VA
hdity of an alleged consolidation between
Kansas Pacific Railway; and
WHEREAS. One of the grounds of complaint
upon the part of the state of Kansas was
that said Kansas Pacific Railway Company
was being operated against the interests of
the State of Kansas; and
WHEREAS Under the new management of
the Union Pacific Railway Company, with
Mr.. Charles Francis Adams, Jr.. as It's Presi-
dent; Mr.. S. r. Galloway, as its General Mana
ger. and Mr.. S. I. Smith, formerly Superin-
fendent of the Kansas Pacific. as it's General
superintendent. there seems to be disposi-
ton to treat the people fairly as shown BY
correspondence recently had between Mr..
Adams aud the Attorney General and asso-
cate counsel in the case referred to, and the
Railroad Commissioners of the State; and
WHEREAS. No statute of limitations can be
pleaded as a bur against any action brought
by a sovereign State: and
WHEREAS, The actions now pending can be
brought at any time in the future with the
same effect as they were originally brought:
therefore, be it
Of the State of Kansas, the Senate concurring
therein, That the Attorney General be and
is hereby requested to dismiss said suits, in
conformity with a stipulation to be signed
and entered by counsel on both sides in the
form of th at nereUntO annexed, as follows:
THE STIPULATION.
1t lie hereby stipulated and agreed by and
between said plaintiff, represented by s. II.
Bradford. Attorney General of the State OF
Kansas, and associate counsel, and the said
defendants in the bove-entitled cases, rep
resented by A. L. Williams. that The said cases
may be dismissed without prejudice to their
revival as hereinafter provided, or to the
commencement of new actions: that il IL
stipulated and agreed that said dismissal
without prejudice is upon conditions to be
performed by said defendants as hereinafter
recited: and that upon failure of perform
ance of any of said conditions, that the said
above entitled cases shall. by reason of said
failure and default be instantly revived. n in
further understood and stipulated that this
dismissal shall be without prejudice to the
commencement of other suits in the event
that any ofense or dereiiction on the part OF
said corporation shall hereafter he commit
ted, which said Onense or derehctiOn is not
included within the terms of said pending
case. In consideration of said qualified dis
Inissal without prejudice. ii is hereby agreed
by the said defendant as follows and the
same is upon the following conditions:
I. That any claim OF right upon tho part Of
the Union Pacific Railway Company to re-
move any case or cases brought or Instituted
by citizens of the State of Kansas, growing
ont of the operation of the line, or any part
of the line. formerly known rs the Kansas
Pacific Railway. into the Federal Court shall
be waived and abandoned. and this notwith-
standing a favorable decision to said COM
pany in the cases now pending and awaiting
States in which such right of removal il as
serted and involved: and that s:;ti Company
shall not remove. or attempt TO remove. any
such cause into the Circuit Court of the
United States for the district of Kansas. but
shall permit the same to be heard and detor-
mined in the State tribunals.
2. Ii ia further agreed by said defendants.
that the line formerly known as the KaT,-
lAs tod fex
conformity to the the laws and regula-
lions. lawfully imposed upon it, by the State
of Kansas.
that there shall be appointed and kept In
every organized county through which the
road, or any part of it, may run. some person
made in ali actions and proceedings growing
out Of any debts or demands against the
Kansas Pacific Railway Company.
4. 1t is further stipulated and agreed that
all accounts and statistics appertairing TO
the government and operations of said road
in Kansas. the distribution of dividends and
the expenditure OF earnings and that all de /,
tails of said accounts relating to the govern
crnmcnt or operation Of said road. and all
other facts and figures relating to the dealings
of said company with the public in kansas.or
demand of the Railroad Commissioners. or of
the Governor OF Legislature of tho State OF
Kansas, or any court OF record in Kansas.
or other; proper authority: be forth
stood to include ali the statistics and az
counts Of the Offices of Superintendent Gen
eral Manager or Director. Secretary. Auditor.
Tree surer. Paymaster. General Freight
Agent and General Ticket Agent, ander
name the duties usually pertain
ing 20 such Offices may be transacted. And
that said company shall have within the
State. and on or near the line of its road. an
officer or officers. who shall be fully eufpow-
cred to finally adjust and settle all claims
MADE by airy citizen Of Kansas against said
company arising ont of oyerchargcs. rebates
and damages to goods.
D. II is further agreed. that the sold de-
PENDANTS shall reimburse the state OF Kansas
all moncv expended by the said state in the
prosecution of these causes and pay all
money which the State has been obligated &c
pay by virtue OF these proceedings either AZ
fees, or costs of court or otherwise: ana tanS
such payment shall be made before this
stipulation shall be entered.
6. 1t is understood and agreed. that moth
In this stipulation shall be taken as binding
the State TO an agreement that the ecrsof
idation made by the Kansas Pacific with
other constituent railroad companies -
legal or as wayiug any other right involved
in the pending proceedings, or as bar to
tho comm encemeut of future prOceesiid9s-