Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-09-25
CORPORATIONS
TAKING NOTICE
Filing of Recent Suits Causes a
Stampede to the Attorney
Generals Office
THEY PROMISE TO BE GOOD
Fines May Be Imposed for Violations
in the Past - New Law Proposed to
Bar Companies from Court That Fail
to File Incorporation ArticIes-kut-
zleben Case in Supreme Court.
sneclal to Tunes Republican.

| Des Moines, Sept. 25.---Slnce the
announcement from the office OF the
| attorney general that corporations VIII
be prosecuted that do not obey the
law and since the filing of the suit IN
| the Appanoose district court against
the centerville Light and Traction
! Company, the corporations nave pesuh
to take some recognition of the tact
that there is any law in Iowa. In fact
there is something of stampede on
the part of many corporations TO get
an audience with the attorney general.
They are making the proposition that
hereafter they win obey the law Oh
the land IL no suits are brought against
them for past offenses
Under the law of this state corpor-
alton is liable to fine of slOO day
for every day that 1t does business III
the state without having filed certi-
, fed copy Of its articles Of incorpora-
ton. A corporation filing certlIed
copy now does not relieve itself OF la
bility to fine for the days during Whlch
II was doing business without its ar
| ticles having been filed here, and the
| ,raa surv of the state of Iowa is liable
| ia no enriched by many hundreds or
| thousands of dollars by suits to foi-
low.
Every corporation Is prepared 10
make the defense that II is engaged IN
/ manufacturing and for that reason Is
exempt. The state law provides that
CORPORATIONS engaged in manufactur-
ing or merchandise need not comply.
The Western Union and the Postal
Telegraph companies can hardly claim
to be manufacturing companies ana
they owe the state something like 81
600 900. The Centerville company is
engaged in making electric light and
gas and in running a street railway.
In the suit the attorney general will
maintain that the principal business
is the street car end of the business
and that it is, therefore. not a manu-
featuring company in the meaning OF
the law and is not exempt. II II IS
exempt 1t is argued that the telegraph
companies are equally exempt for they
generate electricity in sending tele-
grams.
Attorney General Byers is confident
that the Iowa law Is good and that 1t
will be proven so in court. He is con-
fident that the cases started Will be
won and If they are Won the state
treasury will be enriched. These suits
to compel corporations to file certified
copies of their articles Of incorpora-
ton, are, however. only part OF the
suits that will be started against cor
porations The general assembly passed
law two years ago providing that
corporations must sell oil at uniform
price everywhere in the state. This
was done at the behest of the Kansas
capitalists who thought that under
such a law they could do business in
the state of Iowa in competition with
the Standard Oil trust. 1t was dis
covered at about the time that law
was passed that the Standard Oil Com
pany was selling oil at all kinds OF
prices In Iowa. In one locality one
quality of oil was sold as the hest and
at the highest price. In another local
ity it was sold at the lowest price
and some other quality Of oil at the
highest price. These prices were made
solely with the view of meeting local
competition.
It is understood that the Standard
Oil Company is doing the same thing
today.
Whatever the outcome Of the action
in the courts against the corporations
it is not at all unlikely that a bill will
be offered at the next session of the
legislature refusing a corporation the
rights to the courts of the state unless
its articles of incorporation are filed
here. In South Dakota this law is on
the statute books and 1t applies to all
corporations of whatever nature. 1t
is found rarely necessary to proceed
against corporation there because
the corporations desire to collect their
bills in the state courts and the first
thing a defendant does in a case Of
that kind is to ascertain whether or
not the corporation has right to do
legal business there.
Eric Won Kutzleben is making an ef-
fort to get reversal of his case before
the supreme court and it is not unlike
ly that he will succeed. At least his
attorneys this week in their arguments
to the court have succeeded in making
a very strong case. Irregularities pre-
judicial to the defendants rights are
argued.
1t is claimed by the defendant that
in making up the grand jury Of seven
men the defendant found objection to
all seven and one of the seven was
ordered to stand aside and take no
part in the case. The court did not
appoint a foreman bursordered another
man who had been a member Of q pre-.
ceCling grand jury to sign the tndlct-
ment The defendant now claims thu [
that made eight members of the grand
jury which is contrary to law ard
further that if it is argued that he
was not a member of the grand jury