The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-02-03
The Senate Adopts a Drastic
Corporation Law.
Bale Waggener's Bill Recon-
mended After Hard Fight.
FOUGHT FROM START.
Fitzpatrick Used All His In
fIuence to Defeat Measure.
Estimated That 1t Would Bring
State 100000 Per Year.

It was a hard fight in the senate com
n1ittee of the whole Thursday afternoon
over Senator Waggener's corporation
regulation and fee bill but after the
longest and most heated discussion that
has been held in the senate chamber
during this session Senator Waggener,
and the senators who stood with him,
hammered the bill through the commit
tee of the whole. without amendment,
by the close vote Of Is for to 10 against.
Senator Fitzpatrick fought the bill
from the title clear through, line by
line, to the last section providing for
the publication of the bill in the statute
book. His ardent and energetic fight on
the bill drove many senators to Senator
Waggeners side Of the contest and
made supporters for the bill.
1t was Senator Young who said, 1.-The
eloquence Of the senator from Chautau-
qua (Fitzpatrick) often gets US all
'lOcOed' but after hearing him advOcat e
that the first section of the bill should
be stricken cut feel quite certain that
the first section should stand"
Senator Benedict had moved to strike
out the first section of the bill, a section
which If eliminated would annul the
bill The section Benedict would have
killed is:
ful for any private corporation organic
ed under the laws of any other state,
territory or country to purchase, own,
lease or possess any property of any
kind, real or personal in this state, or
to enforce any contract obligation in
this state resulting from or growing
out of an attempt to do, or the doing
or the transaction of. any business in
this state, without first having secured
permission from the charter board to
do business in this state, and fully and
IN all respects complying with each, all
and every requirement of the laws of
this state relative to foreign corpora
tions''
Senator Benedict thought the first
section should be stricken out as it's
enforcement would work a hardship or
Kansas corporations
kansas corporations now go to other
states to secure their charters" declar-
ed Senator Benedict as an argument in
favor OF not passing any more corpora
ton laws
''why?" asked Senator Waggener.
80 they may avoid complying with the
Kansas laws. Why should we discrim-
mate against Kansas corporations in
favor of foreign cOrporatiors?"
Senator r. Dumont Smith opposed
the bill on the ground that 1t was di-
rected at wild cat oil companies and
he said that under the provisions of the
Bush corporation law, now in force,
that companies wishing to prospect for
gas or Oil in Kansas had to evade the
law as they could not pay the fees and
comply with the Bush corpora ton law
and get a start in Kansas. They are
compelled to evade the law until they
have developed some property and have
something tangible said Senator
Smith, land no attorney general has
ever or viii ever enforce every provis-
ion of the Bush law against these COM
panies and no court would ever sustain
such a law as is provided for in this
BILL
Senator Fitzpatrick opposed the bill
on the same ground and Senators Get
ty thought the bill too drastic.
Every senator in opposition to this
bill says he wishes to allow the cor
porations to violate the law" said Sen
ator Waggener. This bill provides a
penalty that can be enforced against
corporations which violate the Bush
law
other parts of the waggener bill pro-
vide as follows:
"Sec. 2. That any private corpora
ton organized under the laws of any
other state, territory or country doing
business, Or having acquired by pur-
chase, lease or otherwise any real or
personal property in this state, which
has heretofore failed and neglected to
secure permission from the charter
board to do business in this state, and
to comply fully with each, all and cv-
cry requirement of the laws of this
state relative to foreign corporations
doing business in this state, and which
shall, for six months after the taking
effect of this act, fail, neglect or refuse,
fully and IN all respects. to comply
with each and every requirement of the
laws of this state relating to foreign
corporations doing business in this
state. shall forfeit to the state
of Kansas all such real and
personal property, and such forfeit
1eit to the state of Kansas all such real
and personal property, and such forfeit
ture, after due notice, as provided by
code of civil procedure in civil actions,
may be declared and adjudged in any
action, in the name of the state Of
Kansas. on the relation of the county
attorney or attorney general in the
district court of any county where said
property may be situated or located.
Sec s. All property, real or per-
sonal. forfeited to the state of Kansas
under the provisions of the preceding
sections of this act shall be sold I'M
der order of the court decreeing the
forfeiture, as upon execution, and the
proceeds, after payment of costs and
q reasonable attorneys fee to be fixed
by the court, shall be paid into the
common school fund.
Sec. 4. That any private corpora
ton organized and existing under the
laws of this state shall not be permit
ted to migrate from this state or by
virtue of such Incorporation under
the laws of this state. to transact BUSH
ness in any other state or territory,
unless it shall keep and maintain in
this state a. designated agent upon