The Beaver herald. [volume] (Beaver, O.T. [Okla.]) 1895-1923, 1909-08-05

so menaced.
Il have asked our attorneys to give
me their opinion upon this matter, and
enclose herewith their reply.
in view of what have stated above
have come to the conclusion that I
do not care to recommend to our
friends and customers, nor to further
consider myself, the project referred
to in this letter. Yours very truly
John F. Harris
The letter to Mr.. Harris from his
attorneys bore the date May "a. 1909.
and read
Dear Mr. Harris.-We have exam.
ined the constitution and statutes of
the state of Oklahoma, with a view to
giving our opinion as to the advisa
bility OF investing capital In that
state In railroad or other corporate
enterprise. Our opinion IL that It
would be highly inadvisao,,, unless
the assured profit on the proposed en-.
terprise was so large and quick in
its return that 1t would compen.
safe for the risk. Every obstacle
IL placed in the wav of legitimate
business enterprise. Eve-y r,rp.ra.
Il IN Is rubject to the f,.l visitorial
and inquisitorial power of the state
and its corporation commission. The
fullest control over corporations Is
given to the corporation commission,
which is practically placed in the po-
sition Of the owner and manager Of
corporation doing business in that
state. No corporation can own, hold
or control the stock Of any corpora
tion engaged in the same kind of bus,
mess, in or out of the state. Every
public service corporation must sub
nit any difference with its employees
to arbitration.
Without detailing the various pro-
visions Of the statutes and corpora.
tion laws of the state of Oklahoma,
there is no state the laws of which
are so drastic and place as many i'm.
pediments in the way of successful
business enterprise and surround 1t
With SO many dangers as the laws of
Oklahoma. Yours very truly-Gifford.
Hobbs G Beard, New York, Attor.
neys."
Following this correspondence, Mr..
Blerce addressed this letter to G. b
Stone. formerly president of the Ok
iahoma City Chamber of Commerce.
Dear Mr.. Stone: Inclosed herewith
hand you copy of letter Of 26th
ult., from Mr.. John w. Gates to me
also copy of letter of oath ult.
: from his associate and broker, Mr
John F. Harris. to Mr.. Gates, together
with copy of letter from Mi. Har
ris' attorneys.
: These letters are self-expianator,
. and show how necessary II Is to have
our laws amended before there will
be any railroad building in the stat,
of Oklahoma.
"As you will remember Mr. Gate,
told you and me personally he woult
supply all the money necessary 70
the building of this road, IL ther,
were no legal complications.
II have no objections to your sui
mitting this correspondence to tn
Federated Commercial Clubs Of tn
state. for have Mr.. Gates permis
sion to do so.
81 truly hope the laws of Oklahom
may be amended so that enterprise
like the Oklahoma & Texe3 railroa
D may be a fact rather than on paper
Yours truly.-W. w. Bierce.H
Section nine of article nine Of tn
Oklahoma constitution forbids raj
: road company organized under tn
e laws of any other state, or of tn
$ United States, in any way to purchas
or control a railroad organized unde
the laws Of Oklahoma. AS matte
of fact, most railroad systems hav
: been built up by the enterprise G
I independent construction companie
!. that have pioneered unoccupied terr
tory and built new lines that later b.
e came essential to the old trunk lin
companies that otherwise might neve
q have built these new lines. Unde
: the constitution and laws of Ok;
y homa railroads may not be built
this manner, nor may railroad bull
g a new line through a subordinate col
O struction company, as is done in othe
II states.
X The last Oklahoma legislature pr,
vided for the submission OF an amen,
e ment to this section of the constit,
J. tion through the initiative to the PEI
$ pie at the next general election. Th
e need OF the amendment at the earle!
o possible moment was so apparent Il
the development of the resources ,
9 the state, that the Federation of Con
e mercial Clubs, at its state meetin
It at Oklahoma City. arranged for tn
L circulation Of initiative petitions by
e snecial committee, of twenty-five re
d A'entative business men In all par,
It Of the state asking that the propose
s amendment be submitted at a speci
election to be called by the governt
s as soon as possible.
n II is generally admitted that tn
e amendment Is move in the right 4
n rection but 1t is doubtful II Il
e. amendment Of this section of the CO