The herald., 1896-12-29
THE ALIEN OWNERSHIP LAW
Does Not Apply to Lasds Used by the
Railroads
The Statute Aimed at Landlords, Not
at Common Carriers-A Stock Train
Struck-Chinese Railroading
,....,,.,sa press spectal Wire

n decision in the famous santa fe rali-
road receivership case in favor of the
railroad company. He declares that the
alien land law, under which he had ap-
pointed receiver for tine property, does
not apply to railroads. The decision is
a complete victory for the Santa F'e COM
pany, The other questions of law raised
by the attorneys on both sides were not
passed upon, Judge Myers holding that
this point alone was sufficient to end the
litigation. The attorneys for the plain
tiff will take steps at once to carry the
case to the Kansas supreme court on an
appeal. 81
when the court convened there was a
notable array of officials, both court and
railway, present. Attorney Hite and
Henry Keeler represented the state and
Attorney A. A. Hurd and ex-Judge AL
bert H. Horton, the railway company.
Among the spectators were the following
railway officials who had arrived dur
ing the day on a special train from Chi
caeo: President C. A. Ripley. General
Solicitor e. D. Kenna, Third Vive-Presi-
dent Paul Morton and General Manager
J. ]. Frye.
lust before court opened the Santa
Fe officials, not knowing what decision
would be rendered, filed an amendment
to the original answer, in which they
set forth that the property of the present
Santa Fe company was the same as
formerly owned by the Santa Fe rail-
road company and that the act under
which the receivership suit was brought
was void because it was repugnant to
section six of article one; also article
six of the United States constitution.
Court convened at o'clock and Judge
Myers promptly got down tothebusi-
ness at hand After few preliminaries
had been disposed of the reading of the
decision, which proved quite lengthy,
was begun. The pivotal point In the
case, says Judge Myers, turns on sec
ton three, whether or not the alien
land law applies to property necessat-
lily used in operating railroad.
The great weight of judicial authority,
In this country is. continues he, that the
property of a railroad company neces-
sary for the operation of its railroad,
cannot be seized and sold in parcels un-
der an execution.
The courts have also held invariably
when considering the words real es
tate" and lands" that the same should
not be taken to mean the roadbed or
right of way of railroad company or
other property necessary for it to use in
the performance of its chartered obli-
cations.
The real estate held or acquired by a
public corporation, like that held or
owned by a railroad company in the ex-
ercise of delegated right of eminent
domain, and necessary for the uses in
which the public is concerned, is not,
within the meaning of the law, real es-
tate.
The decision cites several authorities
to uphold its stand. and continuing says:
I'VE know from current history that
the mischief primarily sought to be rem
edied by the enactment of chapter three,
was the prevention of the ownership CT
large tracts of land in the state by aliens
and the establishment in this state of
the oppressive system of landlorddsm
prevalent in England and other coun-
tries. The movement Of which the stat
ute of 1891 was the expression and re-
suit, was not crusade against rail-
roads. but was aimed at aliens holding
real estate in the usual and ordinary ac-
ceptance of that term; that is. for farm
ing, grazing and other like purposes"
A STOCK TRAIN STUCK.
DELTA, Cal Dec. 2S.-An extra stock
train going south this afternoon struck
a slide about half mile south of here
The engine ran upon the slide andis now
about four feet above the rails. The
slide Is about forty-five feet long and
eight feet high. Several cars are off the
track and the tender is pushed close up
to the cab of the engine. The slide is on
the south side of the Dog Creek bridge
Fortunately no one was hurt nor were
any of the stock killed Travel will be
delayed until tomorrow morning
CHINESE RAILROADING.
ST. PETERSBURG, Dec. 2S.-The con-
structors of the Siberian railroad under
take building line through Manchuria,
starting from a point on the river where
the Siberian road joins the transbai-
kelia line and terminating at Mikols-
kaya, south of the Ssswu line OF this
proposed new line 1425 out of the total
of 1920 post are in Chinese territory.
The ministerial press points out that
this line will make Russia the interme
diary of peaceful civilization between
Europe and Asia
THE PACIFIC ROADS.
WASHINGTON, Dec. 28.-The Even
ing Star today says: "The president has
had several conferences of late with the
attorney general, the secretary of the
interior and the secretary of the treas
ury with view to speedy action for the
adjustment of the obligations of the Pa
cific railroads to the government. 1t has
been settled that steps will shortly be
taken for the foreclosure of the govern
ment mortgages on these roads unless
congress shall make provision for the
settlement Of the question at the nres-
ent session. With the amount already
matured more than $500 900 of the
principal of the subsidy bonds issued, in
behalf OF the Union Pacific line and moro
than Sc, 100000 of similar bonds issued
in aid of the Central Pacific road win
have fallen due and been paid or must
be paid ON or before the 1st of Januarv
next. Without any reference to the an
plication Of the sinking fund now in the
treasury this state of affairs will. in tho
opinion Of the president, as stated in his