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218 US 159 John Swanger v. Atchison Topeka & Santa Fe Railway Company

218 U.S. 159

30 S.Ct. 639

54 L.Ed. 978

JOHN E. SWANGER, Secretary of State of the State of Missouri, Appt.,
v.
ATCHISON, TOPEKA, & SANTA FE RAILWAY COMPANY.

No. 151.

Argued April 14, 15, 1910.

Decided May 31, 1910.

Messrs. James T. Blair, Elliott W. Major, and Charles G. Revelle for appellant.

Messrs. James P Gilmore, Gardiner Lathrop, Robert Dunlap, and Thomas R. Morrow for appellee.

Mr. Justice Day delivered the opinion of the court:

1

This case was argued at the same time with No. 150 [218 U. S. 135, 54 L. ed. ——, 30 Sup. Ct. Rep. 633], and involves the validity of the statute of March 13, 1907. The case was also decided upon demurrer to the bill. The allegations of the bill and supplemental bill showed that the Atchison, Topeka, & Santa Fe Railway Company was within the state of Missouri in compliance with its laws; that it had acquired a large amount of property therein; that, being a foreign corporation, it had removed suits from a state to the Federal court, and the company averred that for that reason its right to do business in the state of Missouri was about to be revoked by the action of the secretary of state. This case comes within the principles just laid down in 150, and the decree of the Circuit Court is affirmed.

2

Affirmed.

3

The CHIEF JUSTICE concurs in the result.