The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-09-08
COME ON, STUBS
Bale Waggener Challenges Him
to Legal Battle.
Asks Him to Produce Opinion on
Railroad Issue.
HIS RIDICULOUS IDEA.
Waggsner Says Federal Charter
Plan Is Impractical.
He Cites 1t as an Example of
Stubb's Senatorial Ability.
HIS RIDICULOUS IDEA.

WElll&U EQQEueL letter LGR4t
to ". r. Stubs. The CORE
spondence between these two
gentlemen is about the only
thing which relieves the mon
otony of the political situation at pres
ent, and Mr. Wagsener's letter is as
follows:
Mr.. Stubs, in further exploiting
his remedy for the conhscation of
railroad property, and to amend his
platform for United States senator.
says that the question of a federal
charter for corporations engaged in
interstate commerce was taken up with
the full expectation that the PROPOSE
ton would be ridiculed. beiittlsd and
Inisrepresented by the corporations and
their heuchmen-'
LAS usual, whenever Stubs says
anything. be makes haste TO let It be
known that he has received q large
number Of letters and kilograms from
prominent men all over the country
endorsing what he says The fact IS
that Stubs POSSESSES a supeTabund-
ance of natural gas deficient, however
IA illuminating and heating properties,
which make il valuable to the con-
sumerE-
Before the legislature meets. when
q United States senator Is to be elected,
as a citizen and state senator want
to know HfheTe Stubs stands On the
great economic questions now before
The people he Is rapidly developing
as an exponent OF the federal consdtu-
ton funleEE- as vaguely hIDteds ne has
4 lawyer on his star. who receives SO
much per diena-3 ana his construction
of the federal constitution. which is SO
sacred and dear to the hearts Of the
ma ssns may be right. and Webster.
1aEEhall, Taney and other great con-
stituf1onal lawyers may be wrong
6tubba may be right and the supreme
court wrong
2sTha amusing thing about it all Is
thai Stubbs seems to think that he
has discovered something It may be
that his imagination has gotten the
better OF his memory, the same as
when he imagined that he made a
p1nceIy donation Of $4,000 to the
Lawrence university That congress
has the power Of creating corporations
was settled many years ago by the
supreme court Of the United States and
rezfrmed In the Union Pacific com
pauT cases That company operates
under q federal charter National
banks operate under federal charters
There is no doubt but that congress
may. by law. permit the Inc0rpora-
ton OF companies engaged in inter
state commerce.. No lawyer viii ques-
ti0n this But S1ubb8 says If these
corporations we're required to take out
federal charter. and issue their
stocks bonds and securities under fed
era1 supervision as does the national
bank what would be c0n6scated. and
what properly would any corporation
be deprived OF without due process Of
law except the wafer in its stocks
and its fictitious capitalization p
This IS fhe Stubs remedy and It
is lunateF5az whether il Is constitu-
dona1 OF nDts' but Stubs is clearly OF
the opinion that il is constitutional
That ought to settle it=but it does not.
The supreme court OF the United
States has said that the United States
cannot any more than a state inter
1ere with private rights. except for Ie-
E1tlnate governmental purposes
Case Of the Santa Fe.
The Santa B'e company has a char
ter from the state Of Kansas. That
charter is a franchise. It is as much
property as its right Of way, its stations.
It's cars and engines, and the money in
lis treasury. It has issued two or three
hundred millions of bonds and stock
These bonds and stock are scattered all
over the world. They are owned BY
savings banks, life insurance companies
widows and orphans, and are today
worth 8 fixed market value. What
would Stubs do with all this property ?
Would he confscate it? The bonds are
secured by a mortgage lien upon the
charter, the franchises and all the pro-
perIy OF the company. Let Stubs ex-
plain TO the people Of Kansas how his
remedy would pay off these bonds. He
says Tor at least the party he employs
TO write his constitutional articles savs0
that that would get the water out Of
---~ @HAAe4f7 anu ItOtA. L1ONN : LIE DO0QE
and stock do not belong to the railroad
companies. They belong to the people.
we might have redistribution of the
assets Of the country, but would Stubs
ee Wiling to divide the large fortune he
mas made out of the Rock Island?
But why have q federal charters
Why q license from the federal govern
ment? Congress has power to regulate
commerce Under the present law, the
railroad companies cannot make an in
terstate rate, except with the approval
OF the federal commission. Their books
are subject to federal supervision. The
government now has more control over
railroad companies than over national
banks. If Stubs is right. President
Roosevelt made great mistake in neg
lecting to consult him before the pas
sage Of the present law. In fact. A
special session of congress ought to be
called at once. Stubb's last article is a
severe reflection upon the president. for
his remedy is so plain, simple and ef-
fective that the president has been de-
relict In his duty in not bringing it to
the attention of congress
Stubl}s' Idea Ridiculous.
The fact is that Stubs federal char