The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1885-03-12
OF the Suite OF kanSaS.
TOPEKA, KAN, February %, 1855.
THE AUTHORITY.

WHEREAS, The State of Kansas by its At
| tOrncy General, instituted, and is now prose
cutting, two suits i'll the nature of writs of
QUO warTanto, the one against the Kansas Pa
cific Railway Company and the other against
the directors of the Union Pacific Railroad
Company, for the, purpose of deter
lidity of an alleged consolidation between
the Union Pacific Railroad Company and the
Kansas Pacific Railway; and
WHEREAS, One of the grounds of complaint
upou 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
MIR. Charles Francis Adams, Jr., as iss Presi-
dent; Mr. S K. Galloway, us its General Mana
ger and Mr.. S. 7. Smith, formerly Supcrn-
tcndcnt of the Kansas Pacific, as its General
superintendent, there seems to be a disposi-
ton to treat the people fairly. as shown by
correspondence recently had between Mr..
Adams and the Attorney General and asso-
ciate counsel in the case referred TO. ard the
Railroad Commissioners of the State; and
WHEREAS, No statute OF limitations can be
pleaded as a bar against eny action brought
by n severe gn 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 il
RcsOlUtd. by the House of Representatives
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 that ncreurto annexed, as follows:
THE STIPULATION.
1t is hereby stimulated and agreed by and
between said plaintiff, represented by S b.
Bradford. Attorney General of the State of
Kansas, aad associate counsel and the said
defendants in the abOveentitled cases, rep
resented by A. l.. Williams, that ihe said cases
may be dismissed without prejudice to their
revival as hereinafter provided, or to the
commencement of new actions: that il is
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 r. is
further understood and stipulated, that this
Dismissal shall be without prejudice to the
commencement of other suits in the event
that any ofTense or dereliction on the part of
said corporation shall hereafter be commit
tod, which said ofTenSe or dereliction is not
included within the terms of said pending
case. In consideration of said qualified dis
rnissal without prejudice. ii is hereby agreed
by the said defendant as follows. and the
same is upon the following conditions:
[. That any claim of right upon the 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
out of the operation of the line, or any part
of the line. formerly known as the Eansps
Pacific Railway, into the Federal Court shall
be waived and abandoned, and this nstwith-
standing a favorable decision to said com
pany in the cases now pending and awaiting
decision in the Supreme Court of the United
States. in which such right of remova! is rs
serted and involved; and that sSici rurnpuny
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 deter.
mined in the State tribunals.
g. 1t is further agreed by said defendsnta.
hat ha fnrmarlV
sHs Pacific Railway shall be operated in
conformity to the the laws and regula-
tions, lawfully imposed upon it, by the State
of Kansas.
3. 1t is further agreed b. said defendants.
that there shall be appointed and kept I'm
every organized county through which the
road, or any part of it, may run. some person
upon whom service of process can lie
made in all 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 appertairinR To
the government and operations Of said road
in Kansas. the distribution of dividends ard
the expenditure of earnings. and that all de-
tails of said accounts relating to the govern
crnment or operation of said road. and all
other facts and figures relating to the dealings
of said company with the public in kansas.or
with its officers and stockholders. shall upon
demand of the Railroad Commissioners. or Of
the Governor or Legislature of the State of
Kansas, or any court of record in Kansas.
OF O'HSEf proper Ut IOFlD-
with produced and exhibited. This is under.
stood TO include all the statistics and ac-
counts of the Offices of Superintendent, Gen.
eral Manager or Director. Secretary. Auditor.
Tree ssurer, Paymaster General Freight
Agent and General Ticket Agent, audcT
whatever name the duties usually pertain
ing 20 such Offices MAY he 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 empow
cred to finally adjust and settle all claims
made by any citizen of Kansas against said
company arising out CT oyerchargcs. rebates
and damages to goods.
3. 1t is further agreed. that the sSiG de-
PENDANTS shall reimburse the State of Kansas
all money expended by the said State in the
prosecution OF these causes, and pay ali
money which the State has been obligated &C
pay by virtue of these proceedings. either 'S
fees. or costs of court or otherwise; and that
such payment shall be made before this
stipulation shall ne entered.
g. 1t is understood and agreed. that moth
In this stipulation shall be taken as binding
the State to an agreement that the consof
idation made by the Kansas Pacific with
other constituent railroad companies is
legal. or as waving any other right Involved
in the pending proceedings, or as bar &c
tho commencement of future proceedings.