The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1886-03-04
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From the st. Paul papers it is learned
that an important suit was commenced
In the state supreme court last week,
which will undoubtedly result in long
and bitter litigation. Attorney Gene
raj Hahn, as relatOr, filed information
with the clerk of the supreme court for
quo warranto against the Southern
Minnesota Railway Extension CON-
pany, the Southern Minnesota, the
Minnesota Central, the Hastings and
Dakota and the st. Paul and Sioux
City Railway companies. There was
separate information filed In each case.
Associate Justice Dickinson issued the
writs, requiring the respondents in the
action to appear in the supreme court
room on April 6, at II o'clock, to show
cause why their charter should not be
forfeited, and their existence as corpor-
ations annulled. Concerning the OBJ
ject sought to be obtained by this suit.
the attorney general says:
OF course, the idea is to get the lands
in such condition that they can be
taxed. AS long as the corporations
exist, this is impossible. have had
the matter of bringing suit under con-
sideration ever since l have been in
office, but it has only been during the
past six months that l have had time
to devote to the case, owing TO the
,>rooo nf nfI,or kuo;,ooo CI,o,,lI .,,o
gain our point. it will have the effect
divide the property among themselves
or it will revert to the state, or l sup
pose permission would be granted them
tn dispose of the whole of it at once.
The decision concerning the taxability
Of the swamp lands of the St. P;lnl and
Chicago road, which was rendered in
supreme court about six months ago. is
\ strong point in our favor. | think
that there will be very severe fight
over the case.
J. II. Drake, land commissioner of
the st. Paul and Sioux City railroad,
said to al, interviewer:
This is only another attempt to make
subject to taxation the lands of the st.
Paul and Sioux CITY railroad. So far
AS this road Is concerned Il test Case
WAS made up and has recently been
sent back from the supreme court for
evidence of the intent of the company
III the issuance Of its stock. The void.
ance "f its charter, if such Il thing is
p''sslb!e, would to AL injury to the
Omaha line, which sufficiently valued
it last winter to assist in preventing
the passage of bill introduced by
Senator Wilson to accomplish the pur.
pose now contemplated by this action
Of the attorney general. Ii the charter
and franchises are Of value to the
omaha line, l cannot see how the
courts can void them unles the right
exists on the part "f the state to contis.
cate. Marvin llugbitt, the president
of the Omaha line, Is likewise president
Of the St Paul and Sioux City railroad,
which, rs an organization, is regularly
maintained, and Oh July l. 1891.
will acquire every acre OF land
then unsold, as provided for in
the deed Of trust under which the land
grant is now being administered by me.
Through the trustees, as land commits
siOner, make reports to the st. Paul
and Sioux City railroad, and it is pos
sible that large reSiduaIv interest
in the value of lands such rs that Of
railro residuium. Perhaps the
state can intervene and deny to the
railroad its contract right by the void
ance of is charter; but if it is so. my
conception Of the Justice that pervades
law is a radically mistaken one.
To understand this matter it should
be remembered that the st. Paul and
Sioux City Railroad company in 1881
transferred its line of road to the Chi
cago, St. Paul, MINNEAPOLIS and Omaha
Railroad company, called the Omaha
line, for short, which is an entirely dis
tinct corporation. The st. Paul and
Sioux City company has about 100, 600
acres unsold. at the time the grants
were made in aid of the several CON-
panies they were exempted from taxa
tion in consideration of the payment
into the treasury of the state of l pei
cent. of the gross earnings during the
first three years of operation, 2 per cent
during the next seven years, and pei
cent. thereafter. The corporations
named have sold every mile of com.
pleted line, ,<including all railway prop
erty and rights of way, and still exist
holding their unsold lands exempt from
taxation. 1t is charged in the infor
nation and given as the reason for the
application for the write that they now
maintain their corporate existence
solely for the purpose of securing thei,
unsold lands exempt from taxation
and the process is instituted for the
purpose of bringing them under taxa
tion.
It is q rare exhibition of cheek on the
part Of Land Commissioner Drake to
claim that because his company lobied
successfully last winter to defeat legis.
tion, that therefore this suit should not
be instituted. Here we have the proof
of what has been frequently asserted:
that the people have no hope of secur.
Ing favorable action by the legislature
Ss at present constituted. 1t is hoped
that the attorney general has good
counsel to assist him. The railroad
companies affected have the best legal
talent that money can procure, and
will undoubtedly make common cause
while many people have not as much
confidence in Mr.. Hahn g ability to cope
with the railroad attornies as they wish
they had. However, as the action has
been commenced, the people generally
=.