The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-10-31
SANTA FE HEARING
Eugene Ware Consumes the
Morning Hours
In an Able Presentation for the
Defendants
~ r7uwu nHHnTx DaCD
IN THE PENDING CASE
Before Judge Foster General
Tracy's Arguments
COmbated by Mr.. Ware The
Afternoon Session.

Ia the Santa Fe hearing before Judge
Foster in the United States district court,
\ Eugene Ware consumed the entire
morning for the defendant directors,
who are opposing the cumulative plan
/ of voting. The special point first taken
/ up and dwelt upon at length by Mr.
\ Ware was reply to General Iracy's
7 argument Of yesterday, wherein it was
averred that the state Of Kansas is not
/ bound by acts OF the territorial legisIa-
ture any more than one legislature is
bound by another. Mr.. Ware cited as A
parallel to the Santa F'e-s charter rights
an act of February 10, 1853 whereby the
territorial legislature granted char
ter 20 the Kansas medical college.
This the day before the
Santa Fe charter was granted. Mr.. Ware
read from an opinion wherein the
preme court Of Kansas had held that the
charter Of the Kansas medical college
was a perpetual one, the opinion follow
ing the provision in the states constitu-
ton, that the legislature cannot impair a
contract, and therefore could not annul
the Santa Fe charter contract with
the railroad company.
Taking up the cumulative plan Of vot-
ing Dir. Ware declares the right to a non
cumulative vote properly right that
cannot be taken away. He says the Gu
mulative ballot theory was an
investion of the early seventies and
first came up in the state of PennsvI-
vania IN 1876. Certain parties" adds
Mr.. Ware with feeling latter turning
heaven and earth to get autocratic con
troll Of the Santa Fe, finding themselves
not trusted to that extent, now demand
cumulative vote In summarizing Mr.
Ware took the following position:
.sThe charter Of 1858 declares how the
voting shall be done The custom of the
railroad company for thirty-five years
has become an nnwrItten bylaw. Tie
method of voting 50 granted and
adopted has become a property
right. and cannot be impaired by legisla-
tion. The old charter of the company is
perpetual and unimDaired, and not sub
ject IN this regard to the cumulative vot-
ing law of the state. Any one stock
holder has the right, by action in the
courts, to prevent any invasion of the
property right Of voting his stock ac-
cording to the old method"
Mr. Ware cut his argument short at y
O'Clock after citing numerous authori-
ties
~The right Of the stockholders" he
said s'is property right and the direc-
tors themselves cannot deprive the stock
holders of that right It is a property
right which the territory Of Kansas and
the United States never attempted to
question and the state of Kansas cannot
abridQe because it is a vested property
right"
Mr.. Ware received the congratulations
speech was considered a brilliant effort
by all the lawyers present
Judge Foster adjourned court to p.
m. at II o'clock.
Robert Dunlap OF the Santa Fe law
department, will be the first TO speak this
afternoon. lie will be followed by Gen
Tracy. who viii close the argument
Afternoon Session.
When the United States court con
vened this afternoon Gen. Tracy called
attention to an amendment of the Kan
sar constitution which he had overlooked
and which provided that the election
of directors must be uniform IN all com
panies. He also called the attention
Of Judge Foster to the fact that the cleo
tion Of directors was to be held tomorrow
morning and that decision could prob
ably not be made by that time.
81 can't make decision, piled Judge
Foster "until the counsel have finished
their arguments and it is evident th lat
they viii not finish today. 1t will
require a day or two for me- to look up
the references and | think 1t would be
wise to defer the meeting until next
Monday"
Robert Dunlap then opened his argu-