Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1907-05-13
Pullman and Western Union
Companies Fall Under
the Ban.
WRTS OF CUSTER
THE WEAPONS USED
Corporations Must Pay JdyhaWk-
er'S Charter Fees or
Else Quit.

Topeka. Kan, May 13.-Writs of
custer were issued against the West
ern Union Telegraph COMPANY and
Che Pullman company Saturday by
the supreme court of Kansas for not
Cohlpiyng with the Kansas corpora
tlon laws. The custer requires that
tue TWO companies must pay the char
yer ices required by the state bef. ve
Lney can continue to do business in
hahsas. 1t is expected that both
Conlpanies will appeal the cases to the
supreme court of the United States.
Ihe Kansas corporation laws re-
quIre that foreign corporation, be-
tore II can transact business in KAN
Sds' must first secure a license to do
BUSINESS from the state charter board
rms hoense is usually granted on the
payment of a charter fee based on
the capital stock Of the company. In
the Pullman case the amount involved
Is about $4,000 and in the Western
Cnlon case the amount is about SEQ
000.
Why the Suit is Brought.
The suits were brought, not to
urlNe the companies out of Kansas,
put 10 compel them to pay this char
Ter lee TO the state which other for
elsn corporations have paid The suit
was brought by the attorney general
nearly two years ago. The two com
Pahles tried to take the case to the
most of their business was of an in
terstate nature and that the state had
no rishl 10 interfere with the business
OF either company
Judge Pollock, of the United States
circuit court for Kansas refused to
tdke jurisdiction in either case, say
t.IS C1at no federal question was in
NoIleu' as the controversy was simply
question of the right of a state TO
regulate the corporations doing bust
ness in Kansas.
justice K. a. Burch wrote the opin
ions in both cases, each Comprising
ABOUT fifty pages of typewriter mat
ter.
Power of the State at Stake.
The capital stock of the Western
Union is given at 500, 600, 900, and
the Pullman company $4,000 600.
me question involved in these cases
Is the jurisdiction of the legislature
over corporations doing an interstate
business. Justice Burch, in his opln-
Ion, draws the distinction very closely
between state and interstate bust
ness; he holds that the state, through
us legislature, has authority to ex-
clude absolutely a foreign cornora-
ton as we'll as those inside the State.
ana hence has authority to pass an
act regulating foreign corporations.
Inc decision is to the effect that
nelther the Pullman nor the Western
Union company can accept any state
business without first complying with
the state corporation laws. The su-
preme court does not hold that either |
Of the companies is obliged to COM |
ply with the state laws in order to /
transact interstate business. In other
words either company might refuse /
10 accept any business originating and /
terminating in the state and be eX- /
empt from the payment of any char /.
ter fees
Upholds the Bush Law.
Another important feature involved
n the case is whether the Bush cor
ppratlon law, enacted by a populist
legislature, applies to a CORPORATION
which already was doing business i'm
he state at the time the law was en-
acted. The supreme court holds thar
4 corporation must get permission
rom the state to continue to do busi-
ness here. even though it may have
'een located here at the time the law
Nas passed
The Western Union company made
, strong point Of the fact that the
nited States government had grant
ri 10 the company the right To build
mes along post roads and across
'uDllc domain and that the trans
mission OF government messages was
lhuer the regulation of the United
states postmaster general 1t was
phtended that, by this arrangement.
ne Western Union company was to
certain extent transacting postal
BUSINESS and could not be interfered
I