The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1909-07-09

corporations. that they prefer TO In
vest elsewhere. where they are not
so menaced.
II 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
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 # Harris
The letter to Mr.. Harris from his
attorneys bore the date May "a, 1909.
ana read:
Dear Mr.. Harris.-We have exam
ined the constitution and statutes of
the state Of Oklahoma. with view to
giving our opinion as to the adyisa,
bility OF investing capital In that
state In railroad or other corporate
enterprise. Our opinion Is that It
would be highly inadvisao,s. unlefs
the assured profit on the proposed en-
terprise was 50 large and quick in
Its return that It would compen-
safe for the risk. Every obstacle
Is placed in the way of legitimate
business enterprise. Every csrpsra-
Tim In subiect to the FIJI 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 a
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 it
with so many dangers as the laws Of
Oklahoma. Yours very truly-Gifford,
Hobbs & Beard, New York, Attor-
neys."
Following this correspondence, Mr..
Bierce addressed this letter to g. B.
Stone. formerly president of the Ok
lahoma 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 Gath ult.,
from his associate and broker. Mr..
John F. Harris, to Mr. Gates, together
with copy Of letter from Mr.. Har-
ris' attorneys.
These letters are self-expianatory
and show how necessary 1t is to have
our laws amended before there will
be any railroad building in the state
OF Oklahoma.
"As you will remember Mr.. Gates
told you and me personally he would
supply all the money necessary for
the building OF this road, If there
were no legal complications.
Il have no objections to your sub
mitting this correspondence to the
Federated Commercial Clubs of the
state, for have Mr.. Gates permis-
sion to do so.
Il truly hope the laws Of Oklahoma
may be amended SO that enterprises
like the Oklahoma & Texas railroad
may be a fact rather than on paper.
Yours truly.-W. w. Bierce."
Section nine OF article nine OF the
Oklahoma constitution forbids rail-
road company organized under the
laws OF any other state, or OF the
United States. in any way to purchase
or control railroad organized under
the laws OF Oklahoma. As a matter
of fact. most railroad systems have
been built up by the enterprise Of
independent construction companies
that have pioneered unoccupied terri
tory and built new lines that later be-
came essential to the old trunk line
companies that otherwise might never
have built these new lines. Under
the constitution and laws Of Okla
homa railroads may not be built in
this manner, nor may a railroad build
a new line through a subordinate con
strnction company. as is done in other
states.
The last Oklahoma legislature pro-
vided for the submission OF an amend
ment to this section Of the constitu-
tion through the initiative to the PEG
pie at the next general election. The
need Of the amendment at the earliest
possible moment was so apparent for
the development Of the resources Of
the state. that the Federation OF Com
mercial Clubs. at Its state meeting
at Oklahoma City. arranged for the
circulation Of initiative petitions by
special committee Of twenty-five rep
ASentative business men in all parts
Of the state asking that the proposed
amendment be submitted at a special
election to be called by the governor
as soon as possible.
II 10 generally admitted that this
a ~. T.