The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-11-01
CLOSING THE CASE
COURT TAKES THE SANTA FE CASE
UNDER AMUSEMENT.
Defense Stirs Up the plaintiffs to De-
ny the Charter of the Santa Fe-
History of Territorial and state
Corporation Legislation is Gone
Into From the Beginning.

TOPEKA, Kan, Oct. SIN she Santa Fe
hearing before Judge Foster in the United
States district court, Eugene Ware con-
sumed the entire morning for the defend
ant directors who are opposing the cumu-
lative plan of voting. In his reply to Ger
fral Tracey's argument yesterday wherein
Ii was averred that the state OF Kansas Is
not bound by the acts of the terrl' orial
legislature, Mr.. Ware cited as parallel TO
the Santa Fe's charter rights, an act of
February 10. 1859, whereby the territorial
legislature granted charter to the Kansas
medical college. This was the day before
the Santa Fe charter was granted. Mr..
Ware read from an opinion wherein the
supreme court of Kansas had held
that the charter of the Kansas
medical college was perpetual
Dne and an opinion following that
the provision in the state constitution
that the legislature canno: impair con-
tracts, and therefore could not annul the
Santa FEES Charter, which Is contract
with the railroad company.
Robert Dunlap, representing the Santa
Fe company, began the second argument
in the defeuse very shortly after O'Clock.
He devoted considerable time to an attack
on the authorities cited by General Tracey
seeking 10 destroy the Santa he Charter at
this critical period of The company's ex-
istence.
ATTEMPTED TO FORCE PROVISIONS.
Mr. Dunlap pointed out the fact that the
difference between the law of 1915 which
contains the provisions for cumulative
voting, was that in all the other laws.
many Of which had been ratified by the
company. the favors could be accepted if
hill har on q r
tempted 10 force provisions on the COM
pauy whether it desired to have them or
not.
A A. Hurd, solicitor for the Santa Fe.
followed with a brief settlement OF the
facts in the case
General Tracey then arose to answer for
the plaintiff. He said that up TO this time
counsel for the plaintiff had not intended
to impair the charter of the company and
had not intended TO refer TO a law that eT-
listed at the time the charter was granted,
but il had been called upon by opposing
counsel.
Mr.. Ware protested that the defense had
not used this fact in argument, and IL had
only been referred to Incidentally. Gen
erAi Tracey insisted, however, that the
point had been opened for answer. He
then claimed that when the santa he
charter WAS granted, there existed law
of 1855 which provided that all charters is
u
five years. and further that they should be
subject to repeal or modification by the
ttate legislature.
BOTH SIDES TO THE CASE.
1.-The claim of the defense, said General
Tracey. that this act WAS repealed by the
act of Feb. 9. 1852 is a mistake. That act
related to colleges and had no relation To
corporations 1t WAS on Feb. IL OF the
same wear that another act was passed re-
RI
but it was not to be effective until the fol-
June, therefore the charter of the SAINT he
company, granted Feb. III was limited by
a territorial law"
Later, the general claimed, a state law
extended the time of the charters exist
ence to twenty years, and this. he said,
supported tie motion of complaint, that
the company aud its charter was subject
to state laws.
After reviewing several of the points
touched In his main argument, General
Tracey closed and Mr.. Wollman made "a
brief closing argument for the plaintiff.
Mr. Ware replied in few words explain
ing his side of the point made by General
Tracey about the old territorial law. He
showed by reading its title that 1t not only
referred 10 schools and colleges but TO COM
pani.s as well, This was chapter 30 of the
laws of 1858 and had reference to enabling
bodies TO become bodies corporate. Upon
February 9, 1888, all acts and parts OF acts
heretofore passed upon this subject,
were repealed. This went into effect
February 9, and from then until the state
WAS organized there was no law under
which corporations could be organized eX-
Uept by special statute. After the repeal
of February Q. the Santa Fe charter WAS
granted by ii special act of the territorial
legislature.
Robert HARRISON, an attorney from Hart
ford, Conn, who represented a number OF
outside Santa Fe interests, spoke for ten
minutes supporting and commencing very
highly the position of the defense.
Judge Foster adjourned court until
Monday morning, when he will render his
decision.