The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1900-07-18
QUO WARRANTO
ACTION BEGUN.
Directed at st. Louis Transit,
United Railways and National
Railway Companies.
FILED IN THE SUPREME COURT.
Intended to Deprive the Companies
Named of Their Charters and
to Test COnstitutiOnality of
Consolidation Law.
FILED IN THE SUPREME COURT

Attorney General Crow fled in Division
No. of the State Supreme Court at Jeffer-
son City yesterday petition for writ Of
quo warranto to test the constitutionality
of the street railway consolidation law IN
81. Louis and to deprive the United Rail-
ways Company. the ST. Louis Transit Com
pany and the National Railway Companies
of ST. Louis of their charters. The tenn
porary writ was issued at once. 1t Is
made returnable to the first day Of the
October term-October 3.
The petition is directed against all the
consolidated companies. but the prayer Of
custer is only against the companies
named. which means that all the COM
panies must make answer to the petition,
but if the writ is issued against the United.
Transit and National. the other companies
will be left as they were before the con-
solidation was contaminated. ana can
be operated again as independent lines.
The consolidation BILL or law. is declared
to be unconstitutional and void. and the
suit Is to test the consolidation act OF tho
Legislature of 1899, and. in addition to
this. is TO set aside the transfers as made
by the National Railroad to the consolidate
ed or United Railways Company.
The National owned and controlled the
Fair Grounds. Citizens. Cass Avenue, ST.
Louis and Baden railroads prior to the
enactment of the law. and this consolida-
ton of these lines is alleged to be illegal
for the reason that the National Company
is foreign corporation. organized under
the laws OF the State Of Illinois. and has
never complied with the laws Of the State
of Missouri requiring foreign business cor
porations to register with the Secretary Of
State and pay fees to the State on the
fal sod ", nrrrt
The five roads controlled by the Ma
tionai passed into the hands of the United
Railways through purchase by the United
Railways Company Of a majority of the
shares OF stock of the National Company.
Transfer of National Lines illegal.
Under recent decisions In this state. hold
Ing that foreign corporations cannot trans
act business in Missouri until they comply
with the State laws. IL Is claimed by the
State ON this ground that the attempt 70
transfer the stock OF the National to the
United company Is Illegal snd void.
Another ground for the action. ii Is con-
tended, is that at the time the Nationai
of stock in the five companies controlled by
it, the law did not authorize either do
mestic or foreign business corporations 10
purchase stock Of and manage the business
of. other corporations.
Another ground for the suit Is the act of
1883. 1t is alleged that this Is an attempt
of the General Assembly to authorize alter
alton and amendment and change or the
charters of street railway companies al
ready in existence without unanimous con-
sent of the shareholders. The corporations
have always relied upon what Is known as
the Dartmouth College case. protecting
them against the change, or amendment. OF
their charters by subsequent act OF the
LEGISLATURE without unanimous consent OF
the shareholders. on the theory that the
charter granted constitutes contract be-
tween the State and the corporation. which
cannot be changed by any material altera-
ton. except by consent of the State and als
the shareholders.