The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-10-31

as to the nonresident defendants, B. P.
Cheney, j: A. Blair, of New York, and
the only nonresident stockholders which
had been served with processes of the
court.
Judge Foster then announced that as far
as the Kansas defendants, G. K. Holiday,
G. s. Gleed, E. Wilder and L. Severy are
concerned the Injunction must hold and
it was so ordered.
The attorneys for the defendants then
asked for an extension of time until 2
p. m that they might amend the evidence
they wished to file before proceeding with
They said 1T was necessary to amend their
evidence on account of the decision of the
court to which they wished to conform.
~ ne s,S,. tracy SAID he was opposed to
sny dilitory proceedings, but the adj
lournment to 2 p. m. was finally con-
The afternoon session was opened
Mr.. .Woolman was first to occupy the
attention OF the court with the introduc-
ton of the plaintiffs evidence. 1t con-
sisted OF number of extracts from the
flrst volume of printed records docu-
Fe company. Mr.. WooIman made a brief
statement for the plaintiffs side, in which
be said it would be shown that nearly
every right the company was enjoying
rad been granted by the state, and that
t.y accepting these subsequent enactments
the road had practically abandoned its
original charter, and had no right in law
70 cling to the old provisions regulating
the voting.
An affidavit from Mr.. C. S. Gleed. one
OF the defendant receivers, was introduced
which declared that the Santa Fe had
never declayed itself corporation under
the laws of Kansas and always claimed
that 1t existed under its territorial
charter. He denied that the Kansas de-
PENDANTS in the present action were con-
spring or desiriouS of controlling the
Stockholders meeting; he affirmed that
only BIG shares out of the 102,0Oo,0G0 were
owned by the four defendants named, and
mat they could. therefore, accomplish
very little If they desired to control the
meeting; he denied that the defendants
had refused the plaintiffs any rights and
petuate themselves in office: he claimed
that the defendants only desired to as
s.st IN carrying out in the election the
unbroken usage of the thirty-fiye years
existence of the company and affirmed
mat the Plaintiff was setting up a claim
10 a right that was contrary to the
eharter and bylaws of the company; he
denied that the defendants desired or in
tended to vote the treasury stock and
Salo 1t would be q physical as well as a
legal impossibility to do so if they did
of the receivers.
Mr.. Dunlap then read an affidavit from
Edward Wilder treasurer of the Santa
Fe, in which he denied that bv ayailine
itself of the laws of the state the com.
pany became a corpora ton of the state
and affirmed that the officers and com
pHuy idu aiWSyS COnlplled Win the rights
and privileges of their charter and never
accepted any law conflicting with the
charter. He affirmed that the provisions
of the charter in regard to the voting of
stock had always been complied with,
and denied the desire or intention of the
defendants to vote the company stock
General B. F. Tracy made the argument
for the plaintiff. 1t was a thorough pre-
sentation of the one central point claimed
by the prosecution, which is that although
the territorial charter granted to the orig
iral Santa F'e company did not provide for
subsequent legislation enacted by the state
| legislature, and that by so doing became
amendable to all the state laws governing
such a corporation and, consequently,
that the later legislation providing for
cumulative voting should govern and not
the provisions of the old charter.
General Tracy said he cited abundant
authority In his brief TO sustain this po-
sition. and it only remained to determine
whether this company had accepted cor
porate powers from the state legislature.
General Tracy closed by saying that the
wreck of the Santa Fe road was caused,
not by residents of this country, but by
| foreign management attempting to con-
rol the corporation.
At the conclusion of General Tracy s
argument. Judge Foster adjourned court
until tomorrow morning at 10 o'clock.