The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1891-07-29
An Unfortunate law.

In an interview with the Topeka cor
respondent of the Kansas City JonrnM.
Judge Horton gives his opinion on the
alien land law. which, it is claimed, has
driven away "A large amount of capital
about to have been invested ut Kansas
City, Kansas;
Judge Horton did not give his opinion
as member of the court, nor did he en-
ter fully into the law, but he consented
to give what he fully believed TO be the
effects of the law upon the rights of cor
pOratiOns to hold or acquire land in this
state. He said.
''There is no question as to the disqual-
ifications of foreign corporations. or cor
porations in which 20 per cent. of the
stock is held by nonresident aliens. for
holding or acquiring real property in
this state. The limitations are clearly
Defined
.'Can such corporation lease such
lands as may be required:''
My opinion is they cannot. The
law says that they cannot acquire. hold.
or own. In regard to railroad property.
this has always been held as an inhibi-
ton of long time leases or holdings. and
the courts have 80 held. l do not see
that leases can help the matter any. 1t
is unfortunate for the enterprises about
to be inaugurated in Kansas City. but
they cannot hold the land either as own
ers or rs lessees.
'sCOuld not the residents Own the land
and the corporations own the buildings
rs personal property, was asked.
There Is no question as to the legality
of such an arrangement. The owners Of
the land could hold aud pay taxes on the
land, while the corporations could pay
taxes on the buildings as personal prop
erty. The contract between the parties
would have to be very carefully drawn,
rs it involves vast interests. extending
over more than limited time. In this
case the owners of the land would have
the right to make such contracts as to
its use rs they deemed to their interests,
while the owners of the personal prop
erty would be fully protected in their
rights of of ownership. This is the only
way corporation of foreign persons or
capital can enter the state. l have no
doubt this arrangement could be made,
as it would be legal and the law would
protect both parties"
While it is the rule for the members of
the supreme court to decline to give their
opinions, as the same case might posi-
bly, come before that body, in this case
Judge Horton recognized the importance
of this matter to Kansas City and was
willing to thus briefly express himself.
The views taken by Judge Horton are
fully endorsed by the attorney general,
who gave much study to this subject
when the measure was before the legis-
lature. Two were under consideration
at the same time, one in each house.
The house bill was practically the same
as the senate bill. except that it provided
that foreign corporations should not own
more than l6O acres of land. After the
passage by the house of the senate bill it
was recalled, at the request of Mr.. Doug
las, but the recall message was too late
to effect its purpose, rs the bill had been
enrolled. Mr.. Douglas intended to so
amend it as to cover the very point that
now drives from Kansas soil the vast in
terests contemplated at the mouth of the
kaw.
Able lawyers declare, however, that
foreign capital can, through the means
suggested and approved by Judge HOr-
ton, operate upon land owned by citi-
zens of the United States. properly
guarded by contract. The owner of the
real property can grant any and all rights
to the owner of the personal. This is the
only way out of the difficulty.-Stote
Journal.