Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-11-06
SANTA re ANNUAL ELECTION
THE CUMULATIVE PLAN KNOCKED
OUT.
Tho old Donrt of Directors win
Two Exceptions Re-Eiestsd-im-
portant Subjects 60 Come before
the Railroad Commission.

Topeka, Kan, Nov. 5.-The present
organization las won the tight for the
control OF the Atchison. Topeka and
Santa Fe. Judge Foster OF the United
States District Court gave decision
today In the proceedings to make the
temporary Injunction permanent, whieA
knocks the only prop the protectives
had from under them. The courts
order Restraints the old organization
from proceeding with an election under
the cumulative plan Of voting and de-
clarlng the cumulative system does
not apply. The decision further states
that the Santa Fe system has char
ter. and Is operating under the grant
OF corporation Issued by the territor-
ial legislature in 1859 The protective
committee is overwhelmingly defeated
on every point 1t is the opinion OF
counsel for the directors that the whole
matter has been finally settled. and
will not come up again In any form.
The protectlves have only one appeal,
namely, TO the United States circuit
Court OF Appeals, composed of Judges
Caldwell, Sanborn and Ihayer but
this can not prevent an election To-
day, and furthermore, 1t is altogether
unllkelythat this appeal Will be taken.
Messrs Woolman and Summeineld,
attorneys for the protectlyes. say that
the case win come up on a final hear
Ing for a permanent In junction in the
United States circuit court In June,
but Attorney Ware for the other side,
laughs at this, taking the ground that
the refusal to grant the temporary
Injunction carries with II the hnal
conclusion of the question OF perma-
nent Injunction. Judge FJster's opin-
ion was largely oral. and filled with
numerous citations. The court said,
In reviewing the case, In reference to
It's Importance In ruling against the pro
tectives: THE complainants bring q
bill praying that the defendants may
be entoined from interfering with GER
tain alleged rights They charge that
the defendant stockholders having in
control majority OF the stock have
combined together to prevent the de-
PENDANT from casting his vote accord
ing to the statutes of the state or by
the cumulative plan OF voting.
Now, In determining this question
Its Importance must be apparent. This
great railway system Is in charge Of
the court, and the power OF the dlrec-
tors Is unimportant but sooner or
later the property Will be turned over
to It's owners.
The plaintiffs claim that the orig
lnal charter has been mod fed by sub
sequent legislation. They also cam
that congress has absolute power over
The territory and that congress adj
mltted that power when the territory
was admitted as state"
Judge Foster then quoted numerous
authorities to disprove the position as
sumed by the plaintiffs. He read from
the original charter of the company
the provision which shows that every
vote In person or by proxy In the cleo
tion OF officers.
This clearly shows" he continued,
that. the vote shall be cast on the
non-cumulative plan and 1t has be N
repeatedly so held by courts II Il
q vested property right and no power
Is reserved in the charter to any leg g.
latlve or amy other power, un'ess II
would be found In some other act OF
the territory" The plaintiffs In the
case allege that the Santa Fe COM
pany In accepting the provisions OF an
act OF the legislature In 1887, GLOWING
Issue %" 81 So st6ca?, }tR1Pg to ncr ase itl
company fnlly under the states enact
ments, regardless OF It's charter.
Judge Foster says this Is only nm
unimportant point and unworthy of
consideration when vested rights are
concerned.
The court also averred that congress
In admitting Kansas as a state could
not Interfere with the vested rights of
the railroad company under Its ter
ritorlal charter.