The Topeka state journal., 1902-09-15

NAY LET OUT OTHERS.
Remington Paper Company Has
No Standing in Court.
Has Not Complied With Bush
Corporation Law.
Supreme Court Decision Will
Have Far Reaching Effect.

Judge Hazen this morning decided In
favor of Cyrus Leland. jr., in the suit
brought against him as StOckhOlder Oh
the Topeka Capital company by the
York.
The Remington company had secured
Judgment against the old Capital COM
pany for $4,000. and the suit against
Leland was brought under the stock
holders liability law, to collect $1,000
Judge Hazen decided in favor of Mr..
Leland on the ground that the Reming>
ton Paper company had not compiled
with the Bush corporation law. and
therefore, under the recent decision of
the supreme court in the American
Book company case, the company had
no legal standing in the state and had
no right to bring suit in the courts.
In delivering his opinion Judge Hazen
said: In this case brought against
Cyrus Leland. jr., by the Remington
Paper company the jury was waived
evidence showed that the Remington
Paper company is a foreign corporation
doing business In Kansas. The evidence
further shows that the Remington
Paper company has not complied with
the Bush corporation law, and there
fore, under the rulings Of the supreme
court. can not recover.
From other evidence doubt II Mr..
Leland was a Stockholder in the COM
pany. He did not know that he owned
stock and ne was not notified of any
steckholderss meetings and never at
tended any. On account of some po-
litica1 deal to help the Capital he made
political loan of 81, 600 and did NOT
expect to get it back. At any rate the
Remington Paper company can not re-
cover under the decision of the supreme
court In the American Book company
case.
Judge Hazen heard the case during
the April term of the court and has had
=
was brought against Mr., Leland as a
stockholder in the Capital company.
The evidence in the case disclosed the
fact that when Major j. K. Hudson
bought the Commonwealth from +: p
Baker he gave a mortgage on the Cap
ftal for $4,000. Payments were made
from time to time. and when money
was slack Major Hudson made trip
from his political friend Senator Plumb
The senator interested himself in the
Capital and several politicians raised
about $4,000 to help the Republican
organ In Kansas. Ben Simpson. E. N
Morrill, and Senator Plumb were among
those who contributed. Mr.. Leland tes-
titled that Simpson requested him to
help the Capital and that he delandD
gave 81 600 to Simpson for the Capital.
Major Hudson testified that for that
money stock was issued to Leland. Le-
i land testified that he had never re-
ceived the stock and that he had not
known that he was q stockholder. 1t
was understood by Simpson that as
soon as the money could be paid back
| the stock would be taken up.
The Remington Paper company fur
nished the Capital with paper. The COM
pany claimed that a large amount Of
paper had not been paid for. The Rem
ington company secured judgment
against the Capital company for $4,000
| and ATTEMPTED to collect it from the
the stockholders Suits were brought
/ v,rf d
| Arthur Capper, J. K. Hudson, Dell
Keizer, Cyrus Leland and others. The
only judgment secured was against
Thomas for $500. The same point
about the Bush corporation law was
raised in the Thomas case and the case
will go to the supreme court
The Remington Paper company has
been represented by Quinton & Quinton.
| The point about the Bush corporation
| law was raised against the American
| Quinton & Quinton. The point the firm
raised in one case to advantage seems
| to be against their interests In the 9TH
er casa.
decision in the American Book company
| case to the Remington Paper company
case by Judge Hazen reveals the COM
plications which will arise from the de-
cision of the supreme court. The law
yers and the attorney general have held
that the Bush corporation law did no.
1 affect foreign companies doing business
in Kansas further than that they would
| have to file their consent to be sued. II
was held that they had vested rights
and would not have to secure q charter
and pay the charter fee. It was also
| held that Kansas companies had vested
rights and would have only to file re-
ports required by the Bush law and
! would not have to pay the charter fee
The law was construed to refer to com
| panies who wished to come into the
state after the law was passed or Kan
sas companies organized after the Law
was enacted.
The American Book company viii
take the case to the supreme court oi
the United States. at Washington. The
book company will claim that the Busf
law is in violation of the intsrstats
commerce law.