The Wichita daily eagle., 1896-07-03

HE FILES A PROTEST
Frisco 2oad Objects TO Paying an EndoW-
ment Fund Tax

l ment FunQ lax.
Springfield, Mo-, July General So
Hcitor Parker of the ST. Louis and San
Francisco railway, which was sold I'M
der foreclosure in st. Louis Saturday,
is in Jefferson City, arranging the de-
tails for the incorporation OF the reor-
sanized Frisco company, which is 10
| take charge of the road. The Charter
was filed with Secretary of State Le-
seur yesterday. The capital stock OF
the company will be s50. 600. and the
| incorporation tax which the company
will be required 10 pay into the state
treasury will be $4,000. In addition
10 this, the company will have 10 pay
S12, 500 under the endowment law. max
ing a total of 800 for incorporation
| fees. This is the largest fee of the
kind that ever came into the state trea-
sury from single company. The pa
| pers filed show the incorporators of the
new company TO be as follows: Daniel
B. Robinson, Henry L. Morrill,, l.. F.
Parker, John T. Woodruff. John r.
Wentworth, Wilbur B. Spaulding. Chas.
! H. Miller, Allen r. Dillon, Alexander
Gordon, Alexander Douglas William
P. Newton. Samuel F. Randolph and
Edgar T. Smith.
The directors have paid the S12.500
endowment fee under protest. the fol-
lowing having been flied with State
Treasurer Stephens.
We herewith hand you s12, 500, a sum
Of money which il has been demanded
by the secretary Of state shall be paid
into the treasury of the state of Mis-
souri, by the incorporators for the St
Louis and San Francisco railway COM
y na Of q
the legislature of the state OF Missouri
approved April 1, A. D., 1895, entitled
AN Act providing for the endowment
of the state university and for the es-
ia ablishmerft and endowment OF dree
scholarship Of merit therein in each
county.
Deeming this demand unwarranted
by law, and being advised that the
said act of the legislature Of the state
of Missouri Is void for the reasons here
| matter stated, we make above named
payment OF H2,50o TO you under pro-
test and with notice to you that the
directors shall sue for the recovery of
the same This protest is made for the
following. among other reasons. viz:
First-That said demand so made by
the secretary of state is Illegal and un-
| lawful.
Second-That said act or the leglSla-
ture of the state OF Missouri entitled
'tan act to provide for the endowment
of the state university and for the es-
tabiiShment and endowment of free
| scholarship of merit therein in each
county" approved April /, A d. 1895,
is unconstitutional and void.
Third-That said act of the iegisla-
ture above described is in conflict with
and in violation Of the provisions of
section % of article w of the constitu-
ton of the State of Missouri
Fourth-That said act of the legisla-
ture in so far as it attempts to provide
for the levy of an additional tax upon
corporations or other persons is void
and in violation of section % of article
" Of the constitution of the state Of
Missouri.
For these and other reasons this pro
test is made, and the payment of said
sum OF s12,500 is made solely by reason
of said unlawful demand of the secre-
tary of state.
A receipt was issued by the state
treasurer according and subject to the
protest.
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