The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-11-10
1t Is Discovered That The
Alien Land Law
Under Which the Santa Fe Re
ceiver Was Appointed
Is NOT ALAW Al ALL.
Judge IA. TIL. Horton Makes the
Discovery
That tt Never COnstitutionaliy
Passed the Legislature.

Judge Al H. Horton. late chief JUS
tice of Kansas. who has been retained
by the Santa Fe legal department IN
the receivership case. made an import
ant point this morning which IN ltseI
is sufficient to settle the case By IN
vestisation he discovered that tha alien
land law. as it appears in the state
statutes. is worthless. having never
been passed legally, and that in reality
there is no such law in existence.
The Following is the opinion given out
by Judge Horton.
In so called chapter ;, session laws
of 1892 an act relating to aliens and
regulating their right to hold real es-
tate in Kansas ii appears upon eXami-
nation of the original journal on file in
tine office of the secretary eff state that
the law was never adopted by the Ies5iS-
lature. and therefore the so called act
as published has no force or erect neN-
err having been passed by the leglsla-
ture.
'-The bill was originally introduced as
senate bill l65. and was passed by the
senate on January 30. 1891. IT was subse-
quently sent to the house, which body
refused to accept the bill. entirely
changing it by amendment. and adopted
a new bill The new bill of the house
was returned to tile senate. and on
March 3, 1891, On motion Of Senator
Martin of Bourbon county the senate
refused to accept the house bill ana
voted to ncncOncur in the amend
ments.
This act of the senate was mes
saged to the house on March s. 1881
NIr. PiersOn of Allen county attempted
10 have the house recede from the orig
inal bin and accept senate bill 100 InIs
was done however. without calling yeas
and nays. and through this action of it
self had no effect But even TO correct
the irregular action of the house in at
tempting to recede from the original
bill. Mr.. Douglass OF Wichita. on the
same day. moved to reconsider the
vote by which the house attempted TO
recede from the original bin and
amendments thereto The motion pre-
vailed. and the journal shows that the
senate passed one bill and the house
another bill wholly different The act
published is the original senate bin.
which bill the house never concurred in
or agreed to- either by motion, confer
ence or otherwise.
Judge Horton holds that the act is
worthless for two reasons. one IS be-
cause of the motion of Mr. DOUGLASS.
and the other because when the mouse
attempted To recede from the original
bill the vote was taken without calling
yeas and nays.
The publication of the act in the state
statutes is explained by the fact that
the bi1as passed by the senate was sign
ed by Gov. Humphrey before a com
mittee from the house informed him of
the action of that body.
AIT the time that Judge Horton gave
his opinion as to the absolute worthless
ness of the alien land law, General So
lcirOr keuna, Gov Th0S. A. Osborn
and Solicitors Hurd and Dunlap were
present and concurred with him in his
opinion.
Although it is clearly shown that the
law is worthless. said Mr. Kenna. III
want &c understood that this is not the
point ON which we are fighting the case.
We are fighting the case on federal
f-rfr1
was such a law in existence and if it
dld apply TO railroad companies, it
would be unconstitutional
Yesterday evening Judge O. G. Foster
of this city. who is at present holding
court at FIT. Scott granted an order re
straining Mr.. Johnson from taking
charge of the road as receiver or inter
1ertng in any Way-Ihe order was grant
ed on application of Charles Blood
Smith. who filed a petition asking for
the restraint and discharge of the re-
ceiver on the part of the railroad com
pany. and an intervening petition with
request for an injunction to prevent the
receiver from interfering with the prop
erty of the company on the part of the
Union Trust company of New York.
The necessary papers were served on
Mr. johnson by Marshal Neelv TODAY
The hearing of the petitions fled by
Ar. Smith was SET for November % in
this city by Judge Foster
Dispatches from New York announce
the fact that Newman Erb. the New
t-- go l4-sls tle-t t7s A9Al Nildb city
sunday nlsnt for Topeka to take some
kind of part in the Santa Fe receiver
SNIP case II the dispatches are correct
1ir Erb viii arrive in this city tomor-
row.
When the attention of Mr.. Kenna was
called to the dispatches concerning M
Erb. he said he knew nothing about his
movements. but that it was his honest
opinion that Mr.. Erb had nothing what
ever to do with instigating the action
dor tine appointment Of a receiver He
said that he did not think Mr. Erb was
that kind Of a man
Mr. Erb was one Of the party compos-
ing the protective committee which was
left out entirely in the Reorganization Of
tne santa f.e- Il has been reported that
celVer was lnstlgated by this protective
committee with view Of again getting
control of the road