Kansas agitator. [volume] (Garnett, Kan.) 1890-1905, 1891-08-04
Horizons Opinion.

Horizons Opinion.
KANSAS CITY, July 2S.-The opinion
of Messrs. Hutchings and Keplinger OF
Kansas City, Kan. in reference to the
effect of the alien bond law upon foreign
capital seeking investment in Kansas is
verified by the opinion of Chief Justice
Horton on the same subject.
In recent issue OF the Evening
Times the full text of the above named
attorneys opinion was quoted. 1t had
special significance at the time owing
to the fact that an English syndicate
was on the point of investing s., 500. 900
in the city across the line.
Under the law the attorneys advised
that it would be illegal for the capital
schemes, the alien land law passed by
the recent Legislature practically pro-
hibiting more than 20 per cent OF the
stock OF any company being held by
aliens.
Judge Horton says on the subject that
while it is unfortunate for the enter
prises about to be inaugurated in Kansas
City, Kan, yet there could be no ques-
ton as to the disqualification of for
eign corporations. or corporations in
which more than 20 per cent of the
stock is held by nonresident aliens"
Regarding railroad property the chief
Justice was Of the opinion that lease
would not help matters any,.
Asked as TO whether land could be
held by residents and the property
thereon by foreign capitalists, Chief
Justice Horton was of the opinion that
such an arrangement might legally be
entered into. Said he:
THE owners of the land could hold
and pay taxes on the land, while the
corporation could pay the taxes on the
personal property. The contract be-
tween the parties would have to be very
carefully drawn, as it involves vast in
terests, extending over more. than lin.
tied time. In this case the owners OF
the land would have the right to make
such contracts US to its use as they
deemed to their interests, while the
owners of the personal property would
be fully protected in all their rights OF
ownership. This is the only way cor
poration OF foreign persons or capital
can enter the state. | have no doubt
this arrangement could be made, as it
would be legal and the law would pro-
tect all parties. The law is unfOrtu-
nate in that it has not provided some
exception, as it was drawn TO prevent
large holdings only"
Justice Horton thought the alien law
to be in direct opposition to the Nc
Kinley bill, claiming that the latter
was operated in the interest of manu-
featuring concerns while the former
seemed unalterably opposed to anything
that would lead to the investment OF
foreign capital by aliens
Through the means suggested by the
chief justice the vast project on foot in
Kansas City, KS, may be saved to that
city, but the attorneys are not so adj
vised from headquarters. AS was sug'
gested there was some hope that the
capital would find a way in and there il
reason to hope that the opinion OF the
chief Justice of Kansas, fully concurred
in by the attorney general and numer.
GUS other attorneys OF repute, will lead
the way out of the difficulty.
There is prevailing opinion to the
effect that the law will be repealed a:
soon as the legislature convene:
again. It was passed hurri~ dly and was
directed against large land holdings.
Senator Douglass undertook to recall
the bill in order to amend it so that i
might cover the point in question, bu
the session was drawing to close and
it was allowed to remain as wheI