Arizona republican., 1896-11-11

 road was a complete surprise to the officials of the company. These ofn- cials do not appear to be much con cerned as to the outcome of the act, but are concerned as to its effect upon the reputation of the state of Kansas, es- pecially as it comes immediately upon the heels of Populis5 victory. They appear ito think thah Judge Myers in some extraordinary way was grossly deceived and misled. A motion to va cate the order has been made before Judge Myers Mr. Hurd, solicitor for Kansas, refuses to discuss the legal aspects of the case An examination of the Kansas statutes reveals a rather interesting story of the law in ques- tion, and the history of the Kansas pol icy regarding aliens. The constitution under which Kansas became state contained this provision:
 'tNo distinction shall ever be made between citizens and aliens in reference to purchase, enjoyment and descent of property" And this was in the Wyan- dotte constitution.
 The state began its career with the
 
 capital it could get It proceeded in this theory until 1889. In that year the constitutional provision was repealed. In 1890 the people became much exer- cised over the large body of land owned by Lord Scully, of England, in Marion and Butler counties. In the election in 1890 MT. H. E. Richter, late Repub- lican nominee for Meutenant-gov was a candidate for the senate from the district in which this large body of land lay. He was instructed to in- troduce a bill which would result in compelling Lord Scully to sell his land. Under the instructions MT Richter in troduced the law under which this at tack on the Santa Fe railroad is made, and is more familiar with the purposes of the bill t(han anybody else, When interviewed in regard to it, he said "Lord Scully owned S0,000 acres of land in Marion county and 10000 acres in Butler, and 1 was instructed to in- troduce a bill to compel him to break up his holding. He had a lot of land in Illinois and I understood that the alien law there was framed for his benefit and was aimed at the English system of absentee land holding. had the Illinois action copied verbatim and it was passed by an almost uman- imous vote in the Populist house and Republican senate. The debates on the bill will show that there was absolutely no intention whatever to affect rail- roads. I was dumbfounded today when 1 saw the construction put upon it by Judge Myers. The sole purpose of tht law was to prevent such accumulation of land as Lord Scully's."
 A number of lawyers were asked their views on the alien law today and they all agree that it certainly does not apply to railroads rights of way If the statute did apply ito railroads, nt action could be taken under it at pres ent It allows anybody. alien or citi zen, to foreclose a mortgage and bu. in the property and hold it three years That is what the Santa Fe ibondholder have done.
 MT. c. s. Gleed, a director of tn Santa Fe, was asked about the suit and answered indifferently that h supposed some enterprisng burgla was trying to iburgle the stock market He was asked what he thought tn case would amount to at law. He sai he could only think of four or five con elusive legal reasons why the sui could not have serious termination MT. Gleed did not care to go into de tails, but added that the statement now going to the public from the chic officials of the Santa Fe are true state ments in every respect.
 A. A. Hurd, of the Santa Fe law de partment, says: "The commencement of the suit is no surprise ito us. a. though the fact that a receiver was ar pointed by Judge Myers without no .ie to any party in interest is a surpris have known Judge Myers for a nun Der of years and have always had very high opinion of him and al therefore surprised that, after the d. cision of the supreme court in the cas of Fletcher against the Atchison, Tt peha & Santa Fe Railroad com pan reprimanding Judge Wagstaff f( granting an injunction restraining tt payment of interest on certain bont without first requiring notice ito given to the opposite party, he VOL grant an order involving the posse sion of hundreds of millions of pro erty at an ex parte hearing. Althous this suit is brought ostensibly in u name of the state of Kansas und what is known as the alien land la passed in 1891, it is really for the pu pose of forcing payment of a priva claim"
 WILL BRING HER RACK