A X ACT to construct a railroad from Alton, ttf j)Iadi son force Ytb. «7:
county, to Spring field, in Sa ngamon kioantyV, c f ^47
' 1 ; ' - ; "v '
Section 1. Be it enacted by the people of the State of Illi¬
nois, represented in, the General Assembly, That Robert Fer¬
guson, Simeon Ryder, Benjamin Godfrey, Thomas Clifford, Pr^se™sincorpo
Robert Dunlap and William Martin, and their associates,
successors and assigns, are hereby created a body corporate
and politic, under the name and style of "The Alton and
Sangamon Railroad Company," for the term of thirty years, Nameand st>le
and by that name he, and they are hereby made capable in
law and in equity to sue and be sued, plead and be im- Powers,
pleaded, defend and be defended, in any court of law and
equity in this State, or in any other place; to make, have
and use a common seal, and the same to renew and alter at
pleasure, and shall be and are hereby, vested with all the
powers, privileges and immunities which are or may be
necessary to carry into effect the purposes and objects of
this act as hereinafter set forth, and the said company are
hereby authorized and empowered to locate, construct and
finally complete a railroad from the city of Alton, 011 the
Mississippi river, in Madison county, by the way of Carli 11-To finish road,
ville, in Macoupin county, Aew Berlin, in Sangamon county,
to the city of Springfield, in the county of Sangamon, and
for this purpose said company are authorized, upon the
most eligible and proper route, to lay out their said rail¬
road wide enough for a sinodo or double track through the
o o o
whole length, and for the purpose of cutting embankments,
stone and gravel, may take as much more land as may be
necessary for the proper construction of and security of said
railroad.
Sec. 2. The capital stock of said company shall consist capital stock,
of five hundred thousand dollars, and mav be increased to
one million of dollars, to be divided into shares of one
9
' )Irectors.
LJresi lient.
hundred dollars cacli. Tlie immediate government and
direction of said company shall he vested in live directors,
who shall he chosen by the stockholders of said company
in the .planner hereinafter provided, who shall hold their
offices for oiie year after their election, and until others
shall be . duly elected and qualified to take their places as
directors; and'the said directors (a majority of whom shall
form a quorum for the transaction of business), shall elect
one of their number to be the president of the company.
That said board/if directors shall have power to appoint
all necessary clerks, secretary, and other officers necessary
in the transaction of the business of said corporation.
Alake survey,
Proviso.
Sec. -3. The said corporation is hereby authorized, by
their agents, surveyors and engineers, to cause sucli examin¬
ation and surveys to be made of the ground and country
between said city of Alton and Springfield as shall be nec¬
essary to determine the most advantageous route for the
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proper line or course whereon to construct their said rail¬
road, and it shall be lawful for said company to enter upon
and take possession of, and use all such lands and real
estate as may be necessary for the construction and main¬
tenance of their said railroad: Provided, that all lands or
real estate entered upon and taken possession of, and used
hy said corporation for the purposes and accommodations of
said railroad, or upon which the site for said railroad shall
have been located or determined by the said corporation,
shall be paid for by said company in damages, if any be
sustained by the owner or owners thereof by the use of the
same for the purpose of said railroad, and all lands entered
upon and taken for the use of said corporation, which are
not donated to said company, shall be paid for by said cor¬
poration at such price as may he mutually agreed upon by
the said corporation and the owner or owners of such land,
and, in case of disagreement, the price shall be estimated,
fixed and recovered in the manner provided for taking
lands for the construction of public roads, canals, or other
public works, as prescribed by the act concerning right of
way, approved March 3, 1845.
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Sec. 4. If any person shall wilfully, maliciously, or wan-
. . *11 -'i /• (Obstructing nr
tonly and contrary to law, obstruct the passage oi any car injUri)lg roaci,
on said railroad, or any part thereof or anything belonging
7 1 *> CT1 O Co
thereto, or shall damage, break or destroy any part of the
said railroad, or implements, or buildings, he, she or they,
or any person assissting, shall forfeit and pay to said com¬
pany for eyery such offense, treble the amount of damages
that shall he proved before any competent court has been r ^ ,
sustained, and be sued for in the name and behalf of said
company, and such offender or offenders shall be deemed
guilty of a misdemeanor, and shall be liable to an indict-
O «/ /
nient, in the same manner as other indictments are found in
anv county or counties where such offense shall have been
committed, and upon conviction, eyery such offender shall
be liable to a fine not exceeding five thousand dollars, for
the use of the county where such indictments may be found.
t/ %/
Sec. 5. The time of holding the annual meeting of said
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company, for the election of directors, shall be fixed and Amnril meclmg
determined by the by-laws of said company; and at all
meetings each stockholder shall be entitled to a vote in
person or lawful proxy; one vote for each share of stock
he, she or they may hold bona fi'dc in said company.
Sec. 6. The persons named in the first section of this
act are hereby appointed commissioners, who, or a majority C('nuniylcu,crs
" x L 77 •' '' for subscrip-
of whom, are hereby authorized to open subscription books turns,
for said stock, at such places as they may deem proper, and
shall give at least thirty days' notice of the time and place
# '1 ime and places.
when and where such books will be opened, in, some news¬
paper printed in the city of Springfield, Alton and Saint
Louis, and shall keep said books open until the whole of
said capital stock shall he taken. Said commissioners shall
require each subscriber to pay live dollars on each share sub¬
scribed at the time of subscribing. The said commissioners Amuunt ,ld'
shall call a meeting of the stockholders, by giving thirty days'
notice in some newspaper printed in the county of Madison,
and at such meeting it shall he lawful to elect the directors
of said company, and when the directors of said company
are chosen, the said commissioners shall deliver said sub¬
scription books, with all sums of money received by them
P
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f"V?\ y--. rv,.— ' £ J
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35-0(1
4
jim commissioners, to said directors. Xo person shall he a
director in said company unless lie shall own at least ten
shares of the capital stock.
Sec. 7. That the right of way, and the real estate pur-.
Kighto way. for tho right of way hy said company, whether by
mutual agreement or otherwise, or which shall become the
property of the company by operation of law, as in this act
provided, shall, upon the payment of the amount of money
belonging to the owner or owners of said lands, as a com¬
pensation for the same, become the property of said com¬
pany in fee simple.
Sec. 8. The said corporation may take and transport
upon said railroad, any person or persons, merchandise or
other property, by the force and power of steam or animals,
or any combination of them, and may fix, establish, take and
Toils. receive such rates of toll for all passengers and property trans¬
ported upon the same, as the directors shall, from time to
time, establish; and the directors are hereby authorized and
7 7 «/
empowered to make all necessary rules, by-laws, regulations
and ordinances that they may deem necessary and expedient,
to accomplish the designs and purposes, and to carry into
effect the provisions of this act, and for the transfer and
assignment of its stock, which is hereby declared personal
property, and transferable in such manner as shall be pro-1
vided by the by-laws and ordinances of said corporation.
.. , Sec. 9. The directors of said company, after the same is
r urthcr powers. l '
organized, shall have power to open books, in the manner
prescribed in the sixth section of this act, to fill up the
additional five hundred thousand dollars of stock, or anv
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part thereof, at such times as they may deem it for the
interest of said company, and all the installments required
to be paid on the stock originally to be taken, and what
may be taken to increase said capital, shall be paid at such
times and in such sums as said directors may prescribe.
death of officers; Sec. 10. In ease of the death, resignation, or removal
to fiii vacancy. ()p pq0 president, vice president, or any director, at any time
between the annual elections, such vacancy may be filled,
for the remainder of the year, whenever they may happen,
by the board of directors; and in case of absence of the
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president and vice president, the hoard of directors shall
have power to appoint a president pro tempore, who shall
have and exercise such powers and functions as the by-laws
of the said corporation may provide. In case it should at any
time happen that an election shall not he made on any day
on which, in pursuance of this act, it ought to be made, the
said corporation shall not for that cause he deemed dis¬
solved, hut such election shall he held at anv other time
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directed bv the bv-laws of said corporation.
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Reg. 11. That when the lands of any femes covert, persons Lands ofinfaius
under age, von compos mentis, or out of this State, shall he &c-
taken in the construction of said railroad, as is provided by
this act, the said corporation shall pay the amount that
shall be awarded as due to the said last mentioned owners,
respectively, whenever the same shall he lawfully
demanded, together with six per cent, per annum. That to
ascertain the amount to he paid to the persons named in this
section for lands taken for the use of said corporation, it
shall he the duty of the Governor of this State, upon notice
given to him by the said corporation, to appoint three com¬
missioners, to he persons not interested in the matter to he
determined by them, to determine the damages which the
owner or owners of the land or real estate, so entered upon
by the said corporation, has or have sustained by the occu¬
pation of the same, and it shall he the duty of said com¬
missioners, or a majority of them, to deliver to said
corporation a written statement of the award or awards
they shall make, with a description of the land or real
estate appraised, to he recorded by the said corporation
in the clerk's office of the countv in which the land or real
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estate so appraised shall he, and then the said corporation
shall he deemed to he seized and possessed of the fee simple
of all such lands or real, estate as shall have been approved
by the said commissioners.
Sec. 12 That whenever it shall he necessary for the con- Crossing roads
•/
struction of said railroad to intersect or cross anv water andbndses-
course, or any road or highway, lying between the points
aforesaid, it shall be lawful for the corporation to construct
their railroad across or upon the same: Provided that the
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corporation shall restore the water course, or road, or high¬
way, thus intersected, to its former state, or in a sufficient
manner not to have impaired its usefulness.
•t , t ,k . Sec. 13. That the capital stock of said company mav be
crease 1. increased from five hundred thousand dollars to one million
of dollars, from time to time, by new subscriptions, if such
increase shall be found necessary to fulfill the intention of
this act, upon the directors for the time being, giving the
notice, as herein required, previous to opening the subscrip¬
tion books for the original stock herein, and that all stock
of said corporation shall be deemed personal property, and
transferable in such manner as the said corporation shall,
by its by-laws, prescribe.
Money paid. Sec. 14. That it shall be lawful for the directors to
require payment of the sums subscribed to the capital stock
at such times, and in such proportions, and on such con¬
ditions as they shall deem fit, under the penalty of the
forfeiture of all previous payments thereon, and shall give
Notice. notice of the payments thus required, and of the place and
time when and where the same are to be paid, at least
ninety days previous to the payment of the same, in some
public newspaper of this State, published in someone of the
cities where the notice for the opening the books for sub¬
scription to the capital stock may have been published.
Width' of road. Sec. 15. The width of said railroad is to be determined
by the said corporation, within the limits prescribed by the
tirst section of this act.
To use other ^ec. 1(1. That said corporation shall be, and they are
works of State, hereby, authorized, if they should deem it proper, to take
and right ofamj appr0priate iu the construction of said railroad, the
work and materials, or so much of the western division of
the Alton and Mt. Carniel railroad as extends from the
public landing in the city of Alton, to the junction of said
railroad with the Alton and Slielbvville Railroad, and so
much of the work and labor as has been done by the State
upon the said Alton and Slielbvville Kailroad, as extends
from the junction aforesaid, toward its contemplated inter¬
section with the Central Railroad, so far as they may deem
proper, and also to use the right of way now owned by the
k
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State on the lines of the said Alton and Mt. Carmel, and
the Alton and Shelbyville Railroads, so far as said company
may deem it advisable to use said right of way. That if
said fight of way, and said labor and materials, shall he
nsed by said corporation, the same shall be valued by two
persons, one to he selected by the Governor, and the other Tobe valued by
by the said corporation, and the price thereof paid to the
State in State indebtedness. Upon said payment being Paid for
made in State indebtedness, the said right of way, and the
said work and labor, shall be vested in said corporation as
fully and completely as said right of way and said work
and labor is now vested in the State.
Seg. 17. The said corporation may also connect the said To connect with
railroad, contemplated by this charter, with the Xortliern other roads.
Cross Railroad, at Xew Berlin, in Sangamon county, and use
so much of said Cross Railroad, between Jacksonville and
Springfield, as they shall deem necessary. Said corporation
paying to the State, or any company that may purchase
said Cross Railroad, such sum for the use of said Cross Rail¬
road as may he used, such sum as the parties in interest, for
the time being, may agree upon; the corporation and the
said company who may purchase said Cross Railroad paying
a proportional amount for repairs on said Cross Railroad, Pay for repairs-
and in case of disagreement as to the price to be paid by
this company for the use of said Cross Railroad, or for the
repairs thereon, the Judge of the Circuit Court of Sangamon
county, sitting as chancellor, shall decide upon the judge of Circuit
amount to be paid, on petition to be tiled bv either party in L'ourt „to be
1 7 *■ «/ j. t/ chancellor.
interest, which petition shall he proceeded in according to
the rules and practice that govern chancery proceedings.
Sec. 18. That in using the west end of said Alton and
ri i ri *i i i i • ■ *in i Provisionally
Alt. Carmel Railroad by this corporation, it shall not be so ciaiise.
used by said corporation as to deprive the proprietors of the
Alton and Mount Carmel Railroad, in the event of the State
relinquishing said Alton and Mount Carmel Railroad to the '
original company, from the free use thereof, by paying to
this corporation such sum therefor as may be agreed upon ;
and in case of disagreement as to price, the matter shall he
referred to the Judge of the Madison Circuit Court, in the
8
same manner as is provided for referring a similar matter to
the Judge of the Sangamon Circuit Court, as provided for
in section seventeen of this act.
Privilegeofstate Sec. 19. Tliat the State of Illinois, when it may here¬
to purchase road ^fter wish to use any part of the State works that may he
appropriated to this corporation by this act, it may do so by
allowing said corporation a fair compensation for the use of
said public works, and in case of disagreement, the matter
shall be referred to the Judge of the Sangamon Circuit Court,
to be proceeded in the same manner as provided in section
seventeen of this act.
Sec. 20. This act shall be in force for the period of forty
years, and said company shall commence said work within
three years, and complete the same within ten years from
the passage of this act.
Approved Februarv 27, 1847.
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^1AT ACT to amend the vhavter of the Alton and
Sanyatnon liaitroad Company.
Section 1. Be it enacted by the 'people of the State of
aIllinois, represented in the (fen oral Assembly, That the president
and directors of the Alton and Sangamon Railroad Com-
pany are hereby authorized to change the route of their
railroad, so as to construct their road on the most direct
and eligible route from Carlinville to Springfield, anything
in their charter to the contrary notwithstanding: Provided,'
the subscribers residing west of the line adopted by the
company, between the point of divergence from the old line
and Springfield, may be released from their subscription to
stock in said company, and the refunding by said company
the amount paid by such subscribers.
Sec. 2. This act to take effect from and after its pas¬
sage.
Approved Jan. 29, 1851.
J ii force Jan.
?9,
1851.
9
AN ACT entitled an act to extend the Alton and Sang a- In force Feb. ir,
mon Hailroad Company9 incorporated February 27, l851'
1S47.
Section 1. Be it enacted by the people of the State of Ill¬
inois, represented in the General Assembly, That the Alton
and Sangamon Railroad Company, incorporated by an act
entitled "An act to construct a railroad from Alton, in
... ,, Extension of
Madison county, to Springfield, in Sangamon county," road authorized
approved February 27, 1847, be and are hereby authorized
to extend their said railroad, and to construct an extension
of the same from Springfield, in Sangamon county (upon the
most eligible route), to Rloomington, in McLean county,
and for the purposes of such extension said Alton and
Sangamon Railroad Company shall be and are hereby
declared to possess all the powers, and be subjet to all the powers,
restrictions contained in the original act of incorporation,
and the acts amendatory of the same.
Sec. 2. The said Alton and Sangamon Railroad Com-1 ncrease of capi-
pany, for the purposes of carrying into effect the provisions tal stock'
of the foregoing section, shall have power to increase their
capital stock not exceeding one million of dollars.
Sec. 3. Unless said extension shall be commenced within Commencement
of extension.
two years and completed within six years from the passage
of this act, the benefits and provisions of this amendatory
act shall be forfeited.
Approved February 11, 1851.
AN ACT to provide for the construction of the Veoria and r , v ,
1 ' In force Feb. 17,
Fch'in branch of the Alton and Sangamon Failroad. i85I
Section 1. Be it enacted by the people of the State of Illi¬
nois, represented in the General Assembly, That the Alton and
Sangamon Railroad Company, incorporated by an act enti-Branch-'
tied "An act to construct a railroad from Alton, in Madison
county, to Springfield, in Sangamon county," approved
February 27, 1847, be and are hereby authorized to lay out
and construct a branch of their said railroad, from the most
eligible point in the extension of said Alton and Sangamon
&
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Kail road from Springfield to Bloomington, through Pekin,
in Tazewell county, to Peoria, in Peoria county, and for the
purposes of such extension said Alton and Sangamon Rail¬
road Company shall he and are hereby declared to possess
all the powers, and he subject to all the restrictions, con¬
tained in their-original act of incorporation and the acts
amendatory of the same.
Sec. 2. The said Alton and Sangamon Railroad Com-
Increase of capi- . e ,
tai stock. pany, tor the purpose of carrying into ettect the provisions
of the foregoing section, shall have the power to increase
their capital stock, not exceeding live hundred thousand
dollars; also, to increase the number of their directors, not
exceeding four, in addition to those already provided for.
Sec. 3. Previous to the commencement of the construc¬
tion of said branch, there shall be elected two additional
directors, one of whom shall be a citizen of Pekin, in Taze¬
well county, and one of whom shall be a citizen of Peoria,
in Peoria county.
«y
Sec. 4. Unless said branch shall be commenced within
ami completion, two years and completed within four years from the passage
of this act, or in case the Alton and Sangamon Railroad
Company fail to commence and complete the construction
of the extension of their railroad from Springfield to
Bloomington within three years, the powers conferred by
Forfeiture. this act shall become forfeited.
Aim*roved February 17, 1851.
Additional
directors.
Commencement
jn force June to ^ ^ ACT to change the name and further amend the
1852. charter of the Alton and Sanf/a rnon Ha it road
Compani/.
Section 1. Be it enacted by the people of the Nate, of Illi¬
nois, represented in the General Assembly, That the Alton
Authority to and Sangamon Railroad Company, incorporated by an act
entitled "An act to construct a railroad from Alton, in
Madison county, toi Springfield, in Sangamon county,
approved February 27, 1847, be and are hereby authorized
to extend their said railroad from the termination of the
extend.
I
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extension of the said Alton and Sangamon railroad from
Springfield to Blooniington, in McLean county, from
Blooniington, by the most eligible route, to connect with
the Chicago and Rock Island Railroad at a point upon said
Chicago and Rock Island Railroad, not west of Ottawa, in
LaSalle county, nor east of Joliet, in AVill county; and for
*. J » * *
the purpose of such extension, said Alton and Sangamon
Railroad Company shall be and are hereby declared to pos¬
sess all the powers and be subject to all restrictions, con¬
tained in the original act of incorporation, and acts amend¬
atory of the same. The said company shall have the option
to extend their said railroad from said town of Blooming-
tou to the citv of Chicago, by way of Joliet, in AVill county,
O * •/ #' / %■ '
upon the most direct and practicable route, if said company
•shall so desire; but if said company construct said railroad
to Chicago, it shall not connect with any railroad running
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east, to the State of Indiana, north of Ottawa, until after
said road shall touch the limits of said city of Chicago.
Said company are hereby expressly prohibited from con¬
necting with any road running east, out of this State, or
any branch running east out of the State, from any point
north of Ottawa, except and only through Chicago, and all
right to any such eastward connection or branch leading
'east from any point north of Ottawa, except through Chi¬
cago, is withheld from and expressly denied to said com¬
pany: Prodded ^ hoincrer, the prohibition above named shall Proviso,
not prevent said company crossing any railroad between
Blooniington and Chicago.
Sec. 2. The name of said company is hereby changed Namc chal ,
and declared henceforth to he "The Chicago and Missis-
C1
sippi Railroad Company," and by and under that name said
corporation shall be henceforth known and have its corpo¬
rate existence, and hold and be possessed of all the rights,
1 lowers and privileges granted to the Alton and Sangamon
Railroad Company, in the original charter of said company,
as also under the amendments made to said charter, and
shall he and become vested with all the property and estate
of every kind whatsoever vested in the name of said Alton
and Sangamon Railroad Company, aiid become liable to all
12
the restrictions, contracts and obligations made or incurred
in their original name; and all suits now pending' or liabil¬
ities accrued, or agreements made in said original name,
shall proceed or continue to be enforced without any delav
-L y %) •
on account of said alteration, upon tlie suggestion of the
change of name being entered of record, in any court where
any such agreements, liability or right may be now pending
or hereafter sought to be enforced. The capital stock of
Increase of stuck S aid company may be increased to such sum of money as
may be deemed necessary to construct, finish and maintain
Proviso. said extension: Prodded, however, that the entire capital
stock of said company shall not exceed three millions five
hundred thousand dollars; and said company shall have
authority to increase the number of their directors, not
exceeding four, in addition to those already provided for.
Union with other Sec. 3. It shall be lawful for the said company to unite
roads. with any other railroad company which may have been, or
may hereafter be incorporated by this State, and to grant
to any such company the right to construct and use any
portion of the road authorized to be constructed by any of
the amendments of the original charter of the Alton and
Sangamon Railroad Company, thereto made or to be made,
upon such terms as may he mutually agreed upon between
the said companies, and the said Chicago and Mississippi
Railroad Company shall have power to take, use and make
arrangements for the transportation of freight and passen-
Construction of gers, carried or to be carried upon said railroad, or other-
wts wise, from Alton to St. Louis, Missouri, and for* this
purpose to construct, own and use such boat or boats as
may be necessary.
Sec. 4. That previous to any application beiim made to
Notice of pro- L , .
ceedings to con- the. Governor for the appointment of commissioners, as
demn lands. provided in the eleventhSection of the original charter to
which this is an amendment, it shall be the duty of the
commissioners to ffive notice to those interested in the land
O
over which the said railroad company desires to obtain the
right of way; which notice shall be in writing, specifying
the time when such application is to be made to the Gov-
1
JO
ernor, and shall he served upon the owners and those inter-
r
ested in said land, hy the commissioners of said company,
or by any sheriff or constable of the county in which said
«y «/ «■
persons reside, in the same way as service of process in
chancery: Prodded, said owners, or those'interested, are prov;50.
residents of the State of Illinois, or in case said owners, or
those interested, shall be non-residents of the State of Illi¬
nois, then sncli notice may be given by publication in a p ublii ation
newspaper published in the county where said lands lie, or'
in case there is no newspaper published in the county, then
in the nearest newspaper published in this State. Said pub¬
lication shall contain the names of the parties interested in
said lands, the description of the lands, and the time when
application is to be made to the Governor for the appoint¬
ment of commissioners, as aforesaid, and shall be made for
four successive weeks, the first of whieli shall be made at
least thirty days before said application is to be made.
Sec. 5. That copies of all papers, books or proceedings
whatsoever, or parts thereof, appertaining to the t ran sac- cr"c C°Pe*
tions of said railroad company, or to the proceedings
heretofore had in connection with the organization of the
original company by the commissioners, or since had by said
railroad.company, certified to be true copies by the clerk or
keeper of the same, under the seal of said corporation, the
said clerk or keeper also certifying that he is entrusted with
the safe keeping of the originals of which he gives certified
copies, shall be received as priaia facie evidence of the facts
so certified, in all the courts of this iState, in any suit or
proceedings pending before them, without any proof of the
identity of said clerk or keeper of the original papers,
books or proceedings, as aforesaid.
18ec. 6. For the purpose of facilitating the construction
of the railroad authorized by this act, the said corporation
is and shall be permitted to negotiate a loan or loans of,
x ~ Loans.
money to the amount of its capital stock, and to pledge all
of its property, real and personal, and all of its rights,
credits and franchises, for the payment thereof.
Approved June If), 1852,
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A X A CT to ihci'cff se the capital stock and farther amend
Tn f r<< let), ii, ijt(, r/(((rfrt. of Chicayo ait(f Mississippi lidit road
Company,
Section 1. Be it enacted by the people of the State of Illi¬
nois, represented, in the General Assembly, That the Chicago
increase capitalMississippi Railroad Company, incorporated by an act
stuck. entitled "An act to construct a railroad from Alton, in
Madison county, to Springfield, in Sangamon county,1'
a])proved February 27, 1847, and the acts amendatory,
approved January 20, and February 11, 1851, and June 10,
1852, be and arc hereby authorized to increase their capital
stock to such sum, not exceeding eight million dollars, as
inav be deemed necessary to carry out, maintain and exe-
« i » '
cute the duties and powers contained in their original act
of incorporation, and the acts amendatory of the same.
Sec. 2. This act to take effect and he in force from and
after its passage.
Approved February 11, 1855.
In force Feb s 4 J A CT ftf rther to amend the charter of the Chicayo and
1854. JMississi jtpi Hail road Company.
Section 1. Be it enacted by the people, of the State of Illinois,
Dorrow money represented in the General Assembly, That the Chicago and
Mississippi Railroad Company is hereby empowered to bor¬
row money, not exceeding in amount its capital stock, as
authorized by law, for the purpose of completing its rail¬
road, and for laving down a double track oil the whole or
1 •/ iw1
a part thereof, and for completing' its buildings, fixtures and
machinery, and supplying equipments for the road, or for
paying any debts or liabilities heretofore incurred, or here¬
after to be incurred by said company, in the construction,
completion or equipment of its road, or laying down a
double track thereon, or otherwise incurred, or to be incur¬
red; and, for the purpose of borrowing such money, said
Boius company may issue its corporate bonds or obligations, pay¬
able to order or bearer, on time, at any place within or
without this State, bearing an interest not exceeding ten
' s
15
per cent, per annum, payable annually or semi-annually,
and with or without authority therein to the holders respect¬
ively, at any time or times therein to be specified, to con¬
vert such bonds or obligations into the capital stock of said
company at par; and said company is hereby authorized, to
secure the payment of such bonds or obligations, or any
part thereof, by one or more mortgages upon the property,
real and personal, rights, credits and franchises of said com¬
pany, and to sell, dispose of or negotiate such bonds or
obligations, either within or without this State, at such
rates, for such prices, and on such terms as said company
may determine, and all such sales or other negotiations of
such bonds or obligations, or any of them, for a less amount
than their par or nominal value, shall be as legal, valid and
effectual, and as binding upon said company, as if they bad
been sold or otherwise negotiated at their full par or nom¬
inal value.
Sec. 2. The said company is hereby further authorized, guarantee stock
for any of the purposes specified in the first section of this
act, to 'create and issue shares of guaranteed stock, to be
denominated "preferred stock," which, together with the
other stock of the company, shall not exceed the amount
of capital stock authorized by law, and which preferred stock
shall be entitled to such rates of dividend or of interest, not
exceeding ten per cent, per annum, payable out of the net
earnings of said road, and to such preference or priority in
the payment of dividends or of interest, not exceeding the
rate aforesaid, out of the net earnings over the original or
7 o o
other stock of said company, as the board of directors shall
determine and prescribe, and as shall be approved by a
majority in interest of the owners of the original or other
stock of the company, represented at any annual meeting,
or by the written consent of the owners of a majority in
interest of such stock, filed in the office of the company,
and all such guarantees, and any contracts in respect to *
the dividends or interest to .be paid upon such "preferred
stock," not exceeding the rate aforesaid, shall be legal and
binding upon said company: Prodded, hoteceer, that tllisPl.ovis(J
act, and nothing therein contained, shall be so construed as
id
to impair or affect tlie validity of any corporate bonds or
obligations heretofore issued by said company, or the
validity or lien of any mortgage or mortgages heretofore
made or executed by said company, to secure the payment
of such bonds or obligations; nor shall this act, nor any¬
thing therein contained, be so construed as to allow or permit
said company to issue or have outstanding, at any time, its
corporate bonds or obligations exceeding in amount the
capital stock of said company, as authorized by law.
Sec. 3. This act shall take effect and be in force from
and after its passage.
Approved Februarv 28, 1854.
AN ACT to change the name and to amend the charter of
in force Feb. 14, the Chicago and Mississippi Railroad Company, and
l855, to authorize said com pant/, and the Relleville and llfi-
noistown Railroad Company, and the Terre Hante
and Alton Railroad Company, to make contracts and
running arrangements with each other9 or to lease or
buy the road of the said Roll evil I e and Illinoi storm
Railroad Company,
Section 1. Be it, enacted In/ the people of the State of Illi¬
nois, represented in the (fe.neral Assembly, That the name of
th c said Chicago and Mississippi Railroad Company be and
Namechnnge.i. is hereby changed and declared henceforth to be the "The
Chicago, Alton and St. Louis Railroad Company;" and by
and under that name said corporation shall be henceforth
known and have its corporate existence, and hold and be
possessed of all the rights, powers and privileges granted
to "The Alton and Sangamon Railroad Company," in the
original charter of said company, as also under all the
amendments made to said charter, and shall be and become
vested with all the property and estate of every kind wliat-
* ever vested in the name of "The Alton and Sangamon
Railroad Company," or in the name of "The Chicago and
Mississippi Railroad Company," and become liable to all
restrictions, contracts, bonds, mortgages and obligations
made or incurred in their original name, or in the name of
1
"The Chicago and Mississippi Railroad Company f and all
suits now pending or liabilities incurred, or agreements
made in said original name, or in the name of "The Chi¬
cago and Mississippi Railroad Company," shall proceed and
continue to be enforced without any delay 011 account of
*J 1/ %
said alteration, upon the suggestion of the change of name
being entered of record in any court where any such suits,
agreements, liabilities or rights may be pending or hereafter
sought to be enforced.
Sec. 2. The said company shall haye power and are power to extent!
hereby authorized to extend their road from its present r°ad TVT
** x the road of the
terminus in the city of Alton to the present terminus of th e Terre Haute
Terre Haute and Alton Railroad in said city, and to unite anc,^UonRrul-
•/ 7 road Company.
with the, road of said last mentioned company, and to
contract with and use the road of said Terre Haute and Alton
Railroad Company from such point of union to the inter¬
section of said last mentioned road,with the road of the
Belleville and Illinoistown Railroad Company, near Wood
river, in Madison county, upon such terms and conditions
as shall mutually be agreed upon by the said Terre Haute
and Alton Railroad Company and the said Chicago, Alton
and St. Louis Railroad Company ; or in case said companies
shall not agree, then upon such terms as shall be fixed by in case of dn-
disinterestcd persons, skilled and experienced in the man-
agement of railroads, one to be named by each compan yg ested persons,
and the two, in case of disagreement, to choose a third,
whose decision shall be final, but neither company shall
select a person objectionable to the other. Before said last
mentioned extension shall be allowed, the said Chicago,
Alton and St. Louis Railroad Company and the Terre Haute
and Alton Railroad Company shall locate and establish a
general union depot in said city of Alton, and keep and
maintain the same.
In case the said Terre Haute and Alton Railroad Coin-,,
_ 'lerre Haute and
pany shall not, within sixty days after being requested so Alton Railroad
to do by the said Chicago, Alton and St. Louis Railroad Con,p™y-
Co '
Company, execute and deliver to said last mentioned com¬
pany their consent in writing to the terms of this act, and
also a contract authorizing them to use that part of the
/
3
r*
road of the said Terre Ilaute and Alton Railroad Company,
between its present terminus in Alton and the said inter¬
section with the Belleville and Illinoistown Railroad, upon
the terms contemplated by this act, then the said Chicago,
Alton and St. Louis Railroad Company shall have the
power and are hereby authorized to extend their said road
and unite with the road of the said Belleville and Illinois-
town Railroad Company, at or near Wood river, and at the
y most convenient point, not exceeding four miles from the
city of Alton. The said Belleville and Illinoistown Rail¬
road Company are hereby authorized to make running
arrangements and contracts with the said Chicago, Alton
and St. Louis Railroad Company and the Terre Haute and
Alton Railroad Company, or either of them, and also to
lease or sell to said last mentioned companies, or either of
them, the whole or any part of their road, and the said last
mentioned companies, or either of them, are authorized to
make such contracts, lease or purchase of said Belleville
and Illinoistown Railroad; but no such contract, lease or
sale shall affect any contract heretofore made by either of
said companies with the other.
Sec. 3. The said Belleville and Illinoistown Railroad
neiieviiie and in-Company shall have the right and are hereby authorized to
inoistown Rail- _ n _ • i rn tt i
roadcbmpany. contract with and use the road of the said lerre Haute and
Alton Railroad Company from the intersection of said road,
near Wood river, to the junction of the said Terre Ilaute
and Alton Railroad Company with the road of the Chicago,
Alton and St. Louis Railroad Company in Alton, and also
to contract with and use the extension of the road of the
Chicago, Alton and St. Louis Railroad Company,, from
Alton to or near Wood river, or any part of the said exten¬
sion, if the same shall be built, as provided in the last sec¬
tion, upon such terms and conditions as shall mutually be
agreed upon by said companies respectively, or in case said
companies shall not agree, then upon such terms and con¬
ditions as shall, be fixed by disinterested persons, skilled and
experienced in the management of railroads, one to be
named by each company, and the two, in case of disagree-
19
merit, to select a third, whose decision shall he final; hut
neither company shall select a person objectionable to the
other.
Sec. 4. The said Chicago, Alton and St. Louis Ihiilroad r>illsofexchange
Company shall have power, for the purpose of paying its
bonds, or the interest thereon, or anv debts due bv said
company without the State, to purchase bills of exchange
for remittance.
This act shall take effect and he in force from and after
its passage.
Approved Feb. 14, 1855.
A .Y ACT to incorporate the St. Louis9 Alton and Chicago in force Jan. 21,
liailroad Company. 1857
Section 1. Be it enacted by the people of the State of Illi¬
nois, represented in the General Assembly, That Joel A. Mat- Purchasers,
teson and Elislia C. Litchfield, and their associates, the
purchasers of the property and franchises of the Chicago,
Alton and St. Louis liailroad Company, embraced in the
mortgage made by said company, 011 the 29th day of Janu¬
ary, 1856, to William Fullerton, Henry J. Brown and
Edward Keating, trustees, he and they are hereby created
a corporation, by the name of the St. Louis, Alton and Chi¬
cago Railroad Company, and as such shall possess the
rights, powers and franchises usually possessed by such
corporations, and also all the privileges, powers, rights and
franchises at any time heretofore possessed by the Chicago,
Alton and St Louis Railroad Company.
Sec. 2. The business of the said corporation shall be
managed by nine directors, and Joel A. Matteson, Hamilton minted.1™
Spencer, Samuel A. Buckmaster, Lorenzo P. Sanger, II.
Eaton Goodell, John Wilkinson, John Stryker, Elisha C.
Litchfield and Ezekiel Morrison shall be the first directors Directors,
thereof, and shall so continue for the term of three years,
and until others are duly chosen in their place. In case at
any time within said term of three years, any of the five
20
persons firstly above mimed as directors, sball die, become
in case of va- incapacitated, or resign, tben tbe remainder of said five
persons sball nominate a person who sball be the successor
of the one so dying, becoming incapacitated, or resigning.
In case any of the four persons lastly above named should
within that time in like manner die or cease to act, then
the remainder of sneli four persons shall nominate a person
who shall be the successor of the one so dying, becoming
incapacitated, or resigning. Thereafter the directors of said
company shall be elected annually, by the stockholders, at
such time and place as shall be fixed by the by-laws of the
company.
Sec. 8. The said corporation shall have power to issue
Issue certificates . .
certificates ot shares in the capital stock tnereot to an
amount not exceeding the sum of three million live hun¬
dred thousand dollars, and to take and operate the railroad
lately owned by the Chicago, Alton and St. Louis Railroad
Surrender of Company, and also to accept a surrender of the lease of the
said railroad, heretofore made to Hamilton Spencer, and
now held by him or his assigns, upon such terms as may be
agreed upon.
To make valid Sec. 4. The said company shall have power to recognize,
llcns- assume and make valid, the liens upon the said railroad,
its property, real estate, franchises, rolling stock, fixtures
and machinery and obligations, by way of mortgage made
by said Chicago, Alton and St. Louis Railroad Company,
prior to January 29, 1856; and all liens, bonds and
mortgages, so assumed, shall thereby become and be in all
respects legal and binding obligations upon the said Chi¬
cago, Alton and St. Louis Railroad Company, according to
their respective tenor and effect, anything in the inception
or circulation thereof to the contrary notwithstanding.
J o
Mortgages valid And all mortgages made or assumed by said company, upon
licns- its rolling stock or personal property, shall be valid liens
thereon, although not acknowledged, as is required by the
statute touching the execution and recording of chattel
o o
mortgages.
21
Sec. 5. The said company shall have power to make, power to mort-
deliver and secure by mortgage of its real and personal sage us real and
v ~ ~ 1 personal estate.
estate, and franchises, such bonds as it liiav deem necessary
to capitalize, pay or discharge the floating debt, or such
portion of the obligations of the Chicago, Alton and St.
Louis Railroad Company as it may assume, and also to dis¬
pose of and sell such bonds for the nse of said company.
Sec. 6. This act shall take effect and be in full force
from and after its passage.
Approved Jan. 21, 1857.
AN ACT to incorporate the Chicago and Alton Railroad. . T. . ,
J '' In force Feb. i8,
Company. lS6l
Section 1. Be it enacted by the people of the State of Illi¬
nois, represented in the General Assembly, That James Robb, corporator*.
Charles Moran, Adrian Iselin, fSTathan Peck, Louis Yon
Hoffman, Lewis II. Meyer, Septimus Crookes, William B.
Ogden, Jacob Bunn, J. J. Mitchell, Joseph P. White and
E. M. Gilbert, be and are hereby constituted commissioners,
with power to organize a corporation, to be styled " The
Chicago and Alton Railroad Company," subject to all the
conditions, franchises, rights and privileges conferred by
this act.
Sec. 2 That the commissioners named in this act, or a
majority of them, shall, have power to acquire, for them- ^X^aLoad
selves and their associates, by purchase, transfer or convex - property,
ance, all and singular the railroad and all its property, real
and personal, with the corporate rights, franchises, rights,
privileges and effects, now or hereafter belonging to, or
owned, or vested in the Alton and Sangamon Railroad
Company, afterwards called the Chicago and Mississippi
Railroad Company, and also the Chicago, Alton and St.
Louis Railroad Company.
1 V
Sec. 3. That whenever the commissioners named in this .
Organization
act shall have filed in the office of the Secretary of State and name.
i
I
\
00
evidence of their being in legal possession of tlie railroad
and property described in tlie foregoing section of this act,
together with aeertitieate of the Judge of the United States
Circuit Court for the Northern District of Illinois, that the
liens secured and pavments ordered to he made bv the
i . X)
decree or order of said court, entered of record on the thir¬
tieth /lay of November, a. d. 1859, and orders heretofore
entered amendatory of, and supplemental to said decree,
have been fully paid or otherwise settled, to the satisfaction
of the parties interested therein, they, their successors, asso¬
ciates and assigns shall he and are hereby created a corpora¬
tion and body politic, by the name, style and title of " The
Chicago and Alton Railroad Company;" and by that name
and style shall have perpetual succession; and shall be
capable in law of suing and being sued, to plead and be
impleaded; to make and use a common seal, to alter and
renew the same at pleasure; and to do and perform all such
acts, and to make all such contracts, proper and necessary
for the successful operation of the railroad referred to in
this act; and such commissioners shall act as the first board
of directors of said corporation, and shall elect from their
body a president, who, with themselves, shall serve until
their successors are appointed, as hereinafter provided.
Sec. 4. That the chief office of said corporation shall be
in the city of Chicago; and the board of directors named
in this act shall serve until the first Monday in April, 1802,
when an election of their successors shall be held in the
city of Chicago, at the office of the corporation, under the
control of three commissioners, appointed by the directors
named in this act; and said election shall be preceded by
thirty days' notice, published in one or more newspapers,
printed in the cities of Chicago and New York. The said
board shall be composed of seven directors, a majority of
whom shall be citizens of the State of Illinois; each director
shall be a bona fide stockholder and the owner of at least
one hundred shares of the stock of the corporation. A
failure to elect directors shall not dissolve the corporation,
but the directors in office shall continue the exercise of
their functions until a new board is duly elected; and
any vacancy occurring", otherwise than by the limitation
provided in this act, may he filled by a vote of members of
said board continuing to act as such.
Sec. 5. That the president and directors of said corpora- issuing of bonds,
tion shall have power and are hereby authorized, in virtue
of an agreement made, had and concluded, 011 the tenth
day of January, a. d. 1860, in the city and State of Xew
York, by and between the bondholders of the Chicago and
Mississippi Railroad Company, and the Chicago, Alton and
St. Louis Railroad Company, to issue first mortgage bonds,
income bonds, preferred stock, and common stock; and a
majority of the bondholders of the aforesaid corporations,
who are parties to said agreement, may amend and alter its
stipulations in any manner, not inconsistent with the pro¬
visions of this act: Provided, nevertheless, a certified copy of
said agreement shall be recorded in the office of the Sec-
retary of State of this State, previous to the issue of said
first mortgage bonds, income bonds, preference stock and
common stock.
Sec. 6. That the president and directors of said corpo- Adjustment of
ration shall have power to assume, compromise or adjust debts'
any debts or liabilities of the corporations which held or
controlled said railroad prior to its sale and purchase by the
commissioners named in this act.
1
Sec. 7. That the president and directors of said corpo-First mortJ:acc.
ration shall have power and are hereby authorized to create
a first mortgage or lien upon its entire property, real and
personal, and its franchises, rights and privileges, to secure
the payment of its first mortgage bonds; and, the more
effectually to secure said bonds, any purchaser or purchasers
under said first mortgage or the railroad of said corporation
and of its property, real, and personal, shall, in virtue of such
purchase, and from the date thereof, shall be vested with al]
the franchises, rights and privileges conferred by this act,
with power to use, enjoy and maintain the same, as the
successor or successors in office of the board of directors
authorized and provided for in this act, and as fu ny as said
board could do.
>'f;e. 8. That the president and directors shall not have
power to make or execute any mortgage, lien or deed of
trust, except for the purposes authorized in section seven of
this act; nor shall they issue or create any income bonds,
preferred stock, or conpnon stock, except for the purposes
as provided for in an agreement by and between the bond¬
holders of the Chicago and Mississippi Railroad Company
and the Chicago, Alton and St. Louis Railroad Company, a
duly certified copy of which shall be recorded in the ofHce
of the Secretary of State of this State.
stoci.. Sec. 9. That the capital stock of said corporation shall
be represented by the preferred stock and common stock,
as provided for in section eight of this act; but the same
may be increased by the president and directors of said
corporation, by and with the consent, in writing, of three-
fourths of its stockholders.
Debts and Habii- ^KC- ^"hat the president and directors of said corpo-
nies. ration shall not have power to create any debts or liabilities,
without the consent, in writing, of three-fourths of its
stockholders, except those incurred for necessary supplies
in operating said road, and as provided in the fifth section
of this act. ~
leasing of other Sec. 11. That the president and directors of said cor-
nuh-oad Pr°p-p0mtion, by and with the written consent of a majority of
its stockholders, shall have power to acquire, by lease, pur¬
chase, or otherwise, any extension of its road necessary and
proper to its .business; and all the property so acquired
shall become part of the property of said corporation, and
shall be as fully [subject] to the provisions of this act as if
the same constituted part of the original purchase by said
commissioners, hereinbefore named; and said corporation,
hereby created, shall renew the Tease now subsisting
between the Joliet and Chicago Railroad Company and
James Robb and Charles Congdon, receivers of the St.
Louis, Alton and Chicago Railroad, and upon such terms
and conditions as may be agreed upon by and between the
proper officers of said companies; and in case such officers
shall bo unable to agree 011 such terms, then each of said
25
companies sliall appoint an arbitrator or referee, who shall
bo disinterested persons; and in ease siieh arbitrators or
referees shall be unable to agree, they shall appoint an
umpire, whose award shall be final.
Sec. 12. That at all meetings of stockholders of said,., . , .
# _ ]'. lection by
corporation, convened for the election of its directors, or stockholders.
for other purposes, each holder or holders of its first mort-
o-a^e and income bonds shall be entitled to votes corre-
spending to the number of said bonds which he, she or
they may hold at the time of holding said meetings: And,
it is farther provided, that each and every share of stock of
the corporation shall be entitled to one vote, at all meetings
of its stockholders, and shall be voted in person or by
proxy.
Sec. 13. That the president and directors of said cor-
L . Rates of trans-
poration shall have power to do everything necessary to portatk-n.
preserve and maintain its railroad property and effects, not
inconsistent with the provisions of this act, and may pre¬
scribe by-laws for the government of its officers, fix the
rates of toll in the transportation of freight and passengers
over its railroad, and ordain rules and regulations for the
division of its profits, and the mode and manner of keeping-
books for the transfer of its stock.
Sec. 14. That the president and directors of said cor¬
poration shall submit to a meeting of stockholders, to beAj™' statc"
convened in the cities of Xew York or Chicago, one month \
before an election of directors, a complete statement of its
operations for the preceding year; which shall be examined,
with the accounts of said corporation, by a committee of
three stockholders, appointed at said meeting, and who
shall report, in writing, on the accounts and affairs of the
corporation at the meeting convened to elect its directors.
Sec. 15. That the filing or recording in the office of the
Secretary of State of the State of Illinois, by the commis¬
sioners named in this act, or the survivors of them, of the
certificates described and designated in the third section of
this act, shall be construed as the assent of the parties in
4-
2(3
interest to tlieir act of incorporation, which shall take effect
from and after the films* of said certificate.
&
Existing debts. Sec. 16. Xothing contained in this act shall alter or
impair the existing rights of any creditor or creditors of the
several corporations heretofore known as the Chicago and
Mississippi Railroad Company, the Alton and Sangamon
Railroad Company, the Chicago and St. Louis Railroad
Company, and the St. Louis, Alton and Chicago Railroad
Company, to prosecute and enforce against such corpora¬
tions any claim or demand whatever, either in law or
equity, against such companies.
Approved Februarv 18, 1861.
•j 7
AN ACT to amend an act entitled "An act to incorporate
in force Feb. 16, (jtiCago and Alt on liailroa d Companyapproved
1863 February IS, IS til.
Time and place SECTION 1. Be it CMU'teil b]f the pCOplc of the State of llll-
of annual meet - nois, represented in the General Assembly, That an annual
meeting of the stockholders and of the bondholders of said
corporation, entitled to vote under the provisions of the act-
to which this is an amendment, shall be held in the city of
Chicago, 011 the first Monday in April, in each and every
year, after the passage of this act. Such meetingt shall be
held in pursuance of such notice, and conducted in such
manner, as the by-laws of said corporation may from tinifc
to time prescribe.
Sec. 2. That at the first annual meeting of the share
Number of di- ^ .
rectors. and bondholders of said corporation, held in pursuance of
the provisions of this act, there shall be elected by the
stockholders and voting bondholders of said corporation,
so many directors of said corporation as shall, with the
directors then in office, make the entire number of directors
nine in all. Each director, so elected, shall be a bona fide
stockholder in said corporation; and a plurality of the vote
cast at such election shall be sufficient to elect. At least
t
27
five of the nine directors of said corporation shall be citi¬
zens of the State of Illinois.
Sec. 3. The board of directors of said corporation, at the three classes of
lirst meeting thereof held after the election of the directors direLtu,b-
provided for in section two of this act, shall be divided into
three classes, in the manner following, that is to say: The
names of three directors shall be drawn bv lot from the
t/
whole number of directors; and the three directors whose
names are so drawn, in manner aforesaid, shall be and con¬
tinue to serve as directors of the said company, for the term i>m of office,
of three years from the date of the first annual meeting of
the stockholders hereinbefore provided for. Trom the six
directors remaining after the selection of the first three
directors, whose names have been selected in the manner
last aforesaid, shall, in like manner, be drawn by lot the
"names of three of such remaining directors; and these
three, so drawn, shall be and continue to serve as directors
of said company, for the term of two years from the time
of holding the first annual meeting of the stockholders
hereinbefore provided for; and-the three directors then
remaining, after the selection of the six directors, in man¬
ner aforesaid, shall be-and continue to serve as directors of
said company, for the term of one year from the time of
holding the first annual meeting of the stockholders here¬
inbefore provided for.
Sec. 4. At each and every annual meeting succeeding annual elections
t- o o
the first, held in pursuance of the provisions of this act,
there shall be elected bv the stockholders and voting bond-
holders of the said corporation, three persons, each of
whom shall be a bona fide stockholder in said company, who
shall serve as directors of said corporation for the term of
three years from the date of their election, in the room and
stead of the three directors whose term of office shall have
then expired, as provided by this act; and the directors so
elected shall continue to serve as such until their successors
are elected, chosen and qualified, in the manner aforesaid.
Sec. 5. All vacancies occurring, from whatever cause,
° Vacancy. .
m the board of directors, during the current year, between
28
Elections.
Piesidcnt.
(lie annual meetings for tlie election of directors, as herein¬
before provided, shall and may he tilled by and upon the
vote and selection of a majority of the remaining or eon-
tinning directors; and the person or persons so selected to
till such vacancy or vacancies, so occurring, as aforesaid,
shall he and continue to act as director or directors of said
company, until the next annual meeting of the stockholders
of said company, held as hereinbefore provided; but in no
case shall any person he elected a director in said company,
in pursuance of the provisions of this section, unless and
until the name of such person shall have been submitted,
in writing, to the hoard of directors, at least one week
previous to the voting for and election of such person to be
director, as aforesaid.
Sec. <j. A failure or omission to elect directors of said
company at the time and in the manner hereinbefore pro¬
vided, in any or either of the cases hereinbefore mentioned,
shall not be held, deemed, or taken to work or operate as a
dissolution of said company or corporation; but the direc¬
tors in office, as such, at the time immediately preceding,
or at the time at which an election of directors should, pur¬
suant to the provisions hereinbefore contained, take place,
shall be and continue to act as directors of said company,
until such election shall be duly held, in pursuance of the
terms and provisions of this act.
Powers vested.
Sec. 7. The president of said board of directors shall be
nominated and elected bv the members thereof from their
«-
own bodv: and such election shall be decided bv vote or
t. «-
ballot, or in such other manner as said board of directors
may prescribe; and the person so nominated and elected as
president aforesaid, shall hold office for the term of one year
from the date of his election, or until his successor shall be
duly elected and qualified.
Sec. 8. The corporate powers of said corporation shall
be vested in and exercised by the president and board of
directors elected and chosen as aforesaid, in the manner
hereinbefore provided. Said president and board ot direc¬
tors shall have power to call special meetings of the stock-
29
holders and voting bondholders of said company, whenever
it is deemed expedient so to do, and to prescribe all rules,
regulations and by-laws which may be necessary and proper
for the administration of the affairs of said corporation, or
for the complete exercise of the corporate powers vested in
the same. A majority of said board of directors shall con¬
stitute a quorum for the transaction of business.
Sec. 9. The said corporation are hereby authorized and Double track,
empowered to build a second or double track along the
entire line of railroad now operated by it, between the city
of Chicago and the terminus of said line, 011 Bloody Island,
opposite the city of St. Louis, in the State of Missouri.
The said double track may be built, from time to time,
along the portions of said line where, in the opinion of the
board of directors, the traffic of said company shall most
require it.
Sec. 10. The capital stock of said corporation may be
increased, from time to time, by and with the written con-CdpiUl 1 Lk
sent of three-fourths of the stockholders of said company,
to an amount not exceeding the cost of the railroad of said
company, its appendages, and other property now held
by said company, or which may hereafter be purchased or
acquired; and such additional stock may be sold, or otherwise
disposed of, in such manner as a majority of the directors of
said corporation may deem expedient.
Sec. 11. Section fourteen of the act entitled "An act to
incorporate the Chicago and Alton Bail road Company," isSlc' 1,41Lpuilcd-
hereby repealed.
Sec. 12. This act shall be deemed a public act, and shall
take effect from and after the date of its passage.
Sec. 13. Nothing in this act shall be so construed as to
1 . , ; i i j i Reservation. /
give permission to said company to lay down any track or
tracks in, upon, or across any street, public landing or pub¬
lic Ground in anv town or citv, without the consent of the
O tJ '
duly constituted authorities of such town or city first had
and obtained, nor to annul anv arrangement or contracts
' V' O
now binding 011 said company.
Approved Februarv 16, 1865.
t- '
HY-Jj A IV S of the Chieayo and Alton lxail road Compa n y.
Adopted February Kith, 1807.
AKTICLE 1.
MEETIXUS OF STOCK AND BONDHOLDERS.
The annual meetings of the stockholders and voting
bondholders of this Company, shall l>e lield at its general
office in the city of Chicago, as prescribed by the charter of
the company, 011 the first Monday of April in each year. A
notice of said meetings shall be signed bvtbe secretary, and
published in one daily paper in the cities of Chicago and
Xew York, at least ten davs before said day.
' t
ARTICLE 1J.
The president and board of directors may call special
meetings of the stockholders and voting bondholders of the
O O
com])anv, which shall lie held at its general office in the city
of Chicago, at such times as may be designated in the call ;
and, in such case, it shall be the duty of the secretary of
the company, at least ten days before the time fixed for
holding said meeting, to mail to each stockholder and bond¬
holder entitled to vote, whose address he knows, a notice
specifying the time and place of holding said special meet¬
ing, and, briefly, the subjects which will come before the
meeting, if the same have been mentioned in the call ; and
the secretary shall, also, cause to be published in one daily
paper each, in the cities of Chicago and Xew York, at least
ten days before the time of holding the meeting, a notice of
like effect.
81
ARTICLE TIL
]>1 RECTORS' MEETIXOS.
The board of directors of this company shall hold their
regular meetings at its general office in the city of Chicago,
on the second "Wednesdays of eachof the months of Feb-
ruary, May, August, and Xovemher, in each year; and
notice shall he given of all meetings, to members of the
hoard, by mailing the same at least ten days prior to the
time of holding such meetings; but in the case of a regular
meeting, it shall not he necessary to specify the business to
he transacted. A majority of the hoard shall constitute a
quorum for the transaction of all business, and, in case
there he no quorum present on the day fixed for the regular
meeting, the members present shall have power to' adjourn
the meeting from time to time, until a quorum he obtained,
or to adjourn said meeting slve die.
ARTICLE IV.
The president of this company shall have power to call
special meetings of the hoard whenever he deems it expe¬
dient so to do; and it shall he his duty to call special
meetings of the hoard, whenever three Directors of the
company shall request him in writing so to do, and shall
state the object of such meeting. The secretary of the
company shall mail to the address of each director, at least
ten days before the time of holding any special meeting, a
notice of the time and place of holding the same, and shall
specify, briefly, the subjects which will come before such
meeting.
ARTICLE V.
The president of this company shall preside over all meet¬
ings of the board at which he may be present, lie shall
preserve order and regulate discussion according to parlia¬
mentary rules. In the absence of the president, the board
of directors may elect one of their own number president
]>ro fan., to preside over their meetings, who, in such event,
shall, for the purposes of that meeting-, lia've tlie same
power herein granted to the president.
AUTICLE VI.
The order of business, at all meetings of the board of
directors, shall be as follows:
1. Leading minutes of last meeting.
O cw
2. Consideration of communications to the hoard.
3. Reports of officers of the board.
4. Reports-of standing or special committees.
5. Unfinished business.
(j. Original resolutions and new business.
ARTICLE Vir.
POWERS AND DUTIES OF TIIE PRESIDENT.
It shall be the duty of the president to exercise a general
*
supervision over the entire business of the company. The
management of every department, and all the property of
the company shall be under his control. The several offi¬
cers of the company will be responsible to him for the
proper and faithful discharge of their several duties, and
shall make such reports to him, touching the business of
the company under their charge, as he may, from time to
time, reopiire. lie shall have power to dismiss or suspend,
for cause, any officer, agent, or employe of the company,
whether appointed by the board of directors or otherwise,
lie shall execute all bonds, contracts (except as hereinafter
provided for), and promissory notes made by the company,
which shall, also, be countersigned by the treasurer; and it
shall be his duty to present to the board of directors, at
each regular meeting, a report, briefly setting forth the
nature of each contract signed and approved by him, since
the last regular meeting of the board.
O
V
/
ARTICLE VIII.
GENERAL SUPERINTENDENT AND HIS DUTIES.
The business of conducting the transportation of freight
and passengers, the charge of the property of the company,
both real and personal, recpiired for the operation of its
railway, shall be entrusted, subject to the approval of the
president, to a general superintendent, who shall be elected
bv the board of directors. He shall make all needful rules
ij
and regulations for the safe and speedy transaction of the
business and traffic of the company, and for insuring the
safe and efficient condition of the railway, its rolling stock
and other appurtenances. lie shall have authority to exe¬
cute, in behalf of the company, all contracts for supplies
and material, tools for shops and for all material necessary
for the repair or renewal of the railway, structures, and
rolling stock of the company, lie shall have power to
modify and alter the rates of transportation for freights and
passengers, from time to time, with the approval of the
president, and shall appoint and remove all station agents,
and ticket agents along the line of the railway, and such
other officers and employes as may be necessary for the
efficient conduct of the business entrusted to his care.
ARTICLE IX.
THE GENERAL FREIGHT AGENT.
The general freight agent of the company shall receive
Lis appointment from the general superintendent (subject
to the approval of the president), and shall be subject to his
orders and control. lie shall make, subject to the approval
of the general superintendent, all special engagements and
contracts for the transportation of freight, and shall adjust
and fix tariffs and rates therefor, subject to the approval of
the general superintendent. Station agents shall address to
him all propositions for the transportation of freight at
special rates, and shall make reports to him as often as he
u
may require, touching matters properly belonging to his
department of the business of the company; and, in all
questions in regard to the transportation of freight, shall be
governed by.his instructions.
ARTICLE X.
THE CHIEF ENGINEER. *
The chief engineer of the company shall be appointed b}T
the general superintendent, subject to the approval of the
president. lie shall have charge of, and be responsible for,
the construction of all new work done, and shall superin¬
tend the maintenance of the roadway and all repairs and
renewals done thereto, and the erection of all new struc¬
tures of every kind whatsoever. lie shall have charge ol
the maps, profiles and plans belonging to the company, and
shall make all needful surveys, plans and specifications
which may be required from time to time. lie may, with
the approval of the general superintendent, appoint such
assistants as he shall require to perform the duties of his
office; and shall keep an account of all expenditures for
such objects, and of all materials used in the accomplishing
the same.
ARTICLE XI.
SECRETARY AND TREASURER.
The duties of secretary and treasurer of this company
shall be performed by one and the same person, who shall
receive his appointment from the board of directors.
ARTICLE XII.
THE SECRETARY AND HIS DUTY.
The secretary shall attend all meetings of the board,
whether regular or called. lie shall keep in a book pre¬
pared for that purpose, a true and fair record of the pro-
o5
ceedings of said meetings, and shall have charge of all
hooks, documents and papers which properly belong to his
office, lie shall have the custody of the corporation seal,
and shall attach the said seal to all documents which shall
require sealing, and which have been approved by the
president of the company.
ARTICLE XIII.
THE TREASURER AND HIS DUTY.
The treasurer shall act as financial agent of the company,
for the receipt and disbursement of its funds. He shall
keep the moneys of the corporation with such banks or
bankers as may be prescribed by the board of directors or
the president. He will receipt for all moneys paid into said
banks or bankers, or to him, for or on account of the com¬
pany. lie shall, unless prevented by sickness or disability,
sign all checks drawn upon the banks or bankers for
account of the company. lie shall have a general supervi¬
sion of the accounts of the corporation, and, with the
approval of the president, the appointment of the necessary
clerks in the accounting department; shall see that the
books of account are kept in proper form and correctly,
and will, in all cases, at once, upon discovering any delin¬
quencies in the account of any officer of the company,
report the same, in writing, with the name of the delin¬
quent, to the president. He shall pay all vouchers which
have received the approval of the president or general
superintendent, or of any person duly authorized by the
president to approve such vouchers; and he shall pay no
vouchers which have not received such approval. He shall
cause all vouchers which have been paid by him to be prop¬
erly distributed and duly filed away and preserved. lie
shall furnish to the president, 011 or before the 25th of each
month, a detailed statement of the receipts and expendi¬
tures of the corporation for the preceding month, and his
books and papers shall at all times be open to the inspection
of the president and of the hoard of directors.
AKTICLE XIV
THE PAYMASTER.
The paymaster shall he appointed by the treasurer, sub¬
ject to the approval of the president. It shall be bis duty,
on receiving the proper pay rolls, approved by the proper
officer, to make his requisition upon the treasurer for the
necessary funds to pay the same, which requisition shall be
accompanied by the exhibition of the vouchers if required
by the treasurer; and to make payment of the wages due
to all employes of the company in such order as may be
required by the treasurer. ITc shall take good and sufficient
receipts for all moneys disbursed by him, and shall transmit
all pay rolls paid by him to the treasurer of the company,
accompanied bv accounts current dulv certified bv his sffi-
1 t/ V V V 1
nature.
AKTICLE XV.
THE GENERAL TICKET AGENT.
The general ticket agent shall be appointed by the gen¬
eral superintendent, subject to the approval of the president,
and his department will be conducted by rules and regula¬
tions prescribed by the general superintendent.
AKTICLE XVI.
THE DUTY OF THE AUDITOR.
The auditor shall receive his appointment from the
treasurer, subject to the approval of the president. lie
shall examine and check the accounts of all the agents of
the company along its line of railway, at least, as often as
once in two 'months, and whenever he may be required to
do so by the treasurer or the president, and shall, at once,
report any deficiency or delinquency therein discovered to
the treasurer; and he shall be governed, in his maimer of
37
i
conducting such examinations, hv rules prescribed hv the
o / * 1
treasurer, and shall carefully observe all instructions given
him upon the subject by the treasurer.
ARTICLE XVII.
THE ATTORNEY AND HIS DUTIES.
The attorney of the company shall receive his appoint¬
ment from the board of directors. lie shall be a member
of the bar of the State of Illinois, in good and regular
standing, and shall keep his office in the general office of
the company in the city of Chicago. lie shall have charge
of, and be responsible for, the legal business of the com¬
pany, and shall represent the corporation, whenever prac¬
ticable, in all suits at law or in equity to which the corpo¬
ration may be a party. lie shall, whenever requested so to
do, give to any officer of the corporation his opinion upon
any question affecting the interests of the company, and, in
cases of accident, claim, or liability of any sort, shall inves¬
tigate the facts connected therewith, and determine the
legal rights or responsibilities of the company. He shall
advise tlffi proper officers of the corporation, in regard to
all contracts to be executed, and, .whenever requested so to
do, shall prepare such contracts and see that the same arc-
properly executed. He shall conduct all proceedings for
condemnation of right of way or additional depot grounds,
and shall take steps to perfect all deficiencies in title by
such proceedings as he may deem necessary, lie shall have
all deeds and title papers duly recorded and briefly entered
in a book kept for that purpose, and shall have the same,
and all other muniments of title, placed safely among the
archives of the company. lie shall have all contracts exe¬
cuted by the company duly recorded at large, in a book
kept for the purpose, and shall see that the originals are
safely preserved and kept among the archives of the com¬
pany. He shall have power, with the approval of the pres¬
ident, to employ associate counsel for the corporation,
whenever important principles or great liabilities are the
38
subject of litigation; and, in cases in which it is impossible
for him to he present at the trial of any cause, he may
appoint local attorneys to represent the corporation, lie
shall keep a docket containing a record of all suits in which
the corporation are interested, which docket shall contain,
in brief, all necessary information in regard to each case,
and the same shall always he open to the inspection of the
president.
ARTICLE XVIII.
OF THE EXECUTIVE COMMITTEE.
The board of directors shall appoint annually an executive
committee, consisting of three members of the board, of
whom the president shall be one, and, cx officio, chairman.
This committee shall possess and exercise all the duties and
[towers of the board of directors during the intervals
between the meetings of the board, subject, however, to the
approval of the board of directors, upon report of their
proceedings to the next meeting of the board.
ARTICLE XIX.
OF THE TRANSFER OF STOCK AND BONDS.
Round books of certificates of stock, of the form and
tenor of those now in use, signed in blank by the president
and secretary, shall be placed in the custody of the regis¬
trar appointed by the board of directors of this company.
The transfer agents appointed by the board of directors
shall keep the books for the transfer of the stock and regis¬
tered bonds of this company, upon which all transfers of
such stock and bonds must be made by the holder or hold¬
ers thereof, in person, or by his or their attorney duly con¬
stituted, in writing, in the following manner:
The grantors or sellers of the stock shall, in person or by
attorney, surrender their certificates to the transfer agents,
and execute a proper form of transfer thereof to the grantee
39
or buyer. The transfer agents shall close the transfer
hooks at two o'clock p. m., each day, cancel the surrendered
certificates hy erasing the signatures of the president, sec¬
retary and transfer agents, only, and deliver said certificates
to the registrar, and report to him the names of the grantees
or buyers, and the number of shares transferred to each.
The registrar, upon receiving such certificates and report,
shall complete the cancellation of the surrendered certificates
bv erasing the signature of the registrar, and shall then
t/ O O O 7
register such transfer, and issue, in the names of the
grantees or buyers, from the book of certificates in his
eustodv, new certificates for a like number of shares, which
%J ' 7
shall be countersigned by the registrar. The new certifi¬
cates, so issued, shall be returned to the transfer agents on
the following morning, who shall also countersign and
deliver them to the grantees, and take their receipts for the
same.
The transfer of registered bonds shall be made by the
transfer agents, and entered upon bond registers kept by
them, at the request of the holder, in the usual manner.
The transfer agents shall make monthly reports to the
secretary, or oftener if required by him, of all transfers of
stock made by them, giving the dates of transfer, numbers
of the certificates, numbers of shares and grantors' names
of the surrendered certificates; and the numbers of the
certificates, number of shares, dates, and grantees' names of
the new certificates issued. The reports of bonds trans¬
ferred shall be made monthly, or oftener if required, giving
the dates of transfer, number and denomination, and the
grantors' and grantees' names.
O O
The registrar shall make similar monthly reports of the
stock transferred and registered, to the secretary, and trans¬
mit therewith the surrendered and cancelled certificates
therein described, as vouchers for the amount of stock
transferred.
40
ARTICLE XX.
MISCELLANEOUS.
I
Xo officer, agent or employe of the corporation shall
engage in any other occupation, service, or husines of any
kind whatsoever, unless by express permission of the
president.
ARTICLE XXI.
i
Every officer, agent, or employe of the company, whose
duty it is to receive or disburse moneys of the company,
shall enter into a bond, in an amount prescribed by the
president, and with such sureties as he may approve, for
thy faithful discharge of the duties of his office. Such
bonds, when executed and approved, shall be placed in the
keeping and charge of the treasurer, to be by him retained
as security for the faithful discharge of the duty of said
officer, except the treasurer, whose bond shall be lodged
with the president.
ARTICLE XXII.
It shall be the duty of the president, secretary and
treasurer, and general superintendent, to make to the board
of directors, full reports of all matters pertaining to their
respective offices, annually, at the first regular meeting of
said board, in February of each year; and the board of
directors may require of any officer of the corporation, at
any time, to make such reports, touching the business ol
his office, as it may deem expedient.
ARTICLE XXIII.
AMENDMENTS.
These bv-laws, or anv of them, may be altered, amended
t i ' %t ' v '
or annulled at any regular meeting of the board of direc¬
tors, by a vote of a majority of the board.
41
AN ACT'to construct a railroad from Jolict to Chicago,In force Feb'
i855-
Section 1. Be it enacted by the people of the State of »
Illinois, represented, in the Gencrcd Assembly, That Hiram
Norton, Robert Milne, George Barnet, William Goodingarporatols-
and Joel Manning and their associates, successors and
assignees are hereby created a body corporate and politic, -
under the name and style of u The Joliet and Chicago Rail-Name and style,
road Company," for the term of thirty years, and by that ,
name be and they are hereby made capable, in law and in
equity, to sue and be sued, plead and be impleaded, defend General power,
and be defended in any court of law and equity in this
State or in any other place; to make, have and use a com¬
mon seal, and the same to renew and alter at pleasure, and
shall be and are hereby vested with all the powers, privi¬
leges and immunities which are or may be necessary to
carry into effect the purposes and objects of this act, as
hereinafter set forth; and the said company are hereby
authorized and empowered to locate, construct and finally
complete a railroad from the depot of the Chicago and Mis¬
sissippi Railroad Company, at the city of Joliet, in Will
county, through the incorporated village of Lockport, in
the same county, to the city of Chicago, in the county of
Cook, or to any railroad leading out of Chicago and north
of Lockport, and for this purpose the said company are
authorized, upon the most eligible and proper route, and as
above directed, to lay out their said railroad, wide enough
for a single or double track, through the whole length, and
for the purpose of cuttings, embankments, stone and gravel,
may take as much land as may be necessary for the proper
construction of and security of said railroad.
Sec. 2. The capital stock of said company shall consist c ital stock
of one million of dollars, and may be increased to fifteen
hundred thousand dollars, to be divided into shares of one
hundred dollars each. The immediate government and
direction of said company shall be vested in five directors,
who shall be chosen by the stockholders of said company
in the planner hereinafter provided, who shall hold their
offices for one year after their election, and until others
42
shall he duly elected and qualified to take their places as
directors, and the said directors, a majority of whom shall
form a quorum for the transaction of business, shall elect
one of their number to be president of the company.
That said board of directors shall have power to appoint all
necessary clerks, secretaries, and other officers necessary in
the transaction of the business of said corporation.
Sec. 3. The said corporation is hereby authorized, by
Make examina- . .
tions and sur- their agents, surveyors and engineers, to cause such exannn-
vcys- ations and surveys to be made of the ground and country
between said city of Joliet, through the said village of
Lockport and Chicago as shall be necessary to deter-
R'ghtof way. mine the most advantageous route for the proper line
or course whereon to construct their railroad; and it
shall be lawful for said company to enter upon and
take possession of, and use all such lands and real estate
as may be necessary for the construction of and mainten-
Proviso. ance of tlieir said railroad: Prodded, that all lands or
real estate entered upon and taken possession of, and used
by said corporation for the purposes and accommodation of
said railroad, or upon which the site for said railroad shall
have been located and determined by the said corporation,
shall be paid for by the said company in damages, if any be
sustained by the owner or owners thereof by the use of the
same for the purposes of said railroad; and all lands taken
and entered upon for the use of said corporation, which are
not donated to said company, shall be paid for by said cor¬
poration at such prices as may be mutually agreed upon by
said corporation and the owner or owners of such land;
and in case of disagreement, the price shall be estimated,
fixed and recovered in the manner provided for taking lands
for the construction of public roads, canals, or other public
works, as prescribed by the act concerning right of way,
approved March 3, 1845.
Damages.
Penalties.
Sec. 4. If any person shall wilfully, maliciously, or wan¬
tonly and contrary to law, obstruct the passage of any car
on said railroad, or any part thereof, or anything belonging
thereto, or shall damage, break, or destroy any part of the
43
said railroad, or any implements or buildings, he, she, or they,
or any person assisting, shall forfeit and pay to the said com¬
pany for every such offense, treble the amount of damages
that shall he proved before any competent court has been
sustained, and he sued for in the name and behalf of said
company, and such offender or offenders shall he deemed
guilty of a misdemeanor, and shall he liable to an indict¬
ment, in the same manner as other indictments are found in
any county or counties where such offense shall have been
committed; and upon conviction, every such offender shall
he liable to a fine not exceeding five thousand dollars, for
the use of the county where such indictment may he found.
Sec. 5. The time of holding the annual meeting of said Amm?j meeting,
company, for the election of directors, shall he fixed
and determined by the by-laws of said company; and at all
meetings each stockholder shall he entitled to a vote in per¬
son or lawful proxy; one vote for each share of stock he,
she, or they may hold bona fide in said company.
Sec. 6. The persons named in the first section of this act „ . .
I Commissioners
are hereby appointed commissioners, who, or a majority to obtain sub-
of whom, are hereby authorized to open subscription hooks •scnptIons-
for said stock, at such places as they may deem proper, and
shall give at least thirty days' notice of the time and place
when and where such hooks will he opened, in some news¬
paper having a general circulation and printed in the cities
of Chicago and Joliet, and shall keep said hooks open until
the whole of said capital stock shall he taken. Said com¬
missioners shall require each subscriber to pay five dollars on
each share subscribed at the time of subscribing. The said
commissioners shall call a meeting of stockholders, by giv¬
ing thirty days' notice in newspapers having a general
circulation in the cities of Chicago and Joliet, and at such
nieetin<r it shall he lawful to elect the directors of said
company, and when the directors of said company ar.e
chosen, the said commissioners shall deliver said subscrip¬
tion hooks, with all sums of money received by them
as commissioners, to said directors, ^o person shall he a
director unless he own at least ten shares of the capital
stock.
I
44
T) , Sec. 7. Tliat the right of wav, and the real estate pur-
Kenl estate f)iir- 0,7 1
chased for right chased for the right of way Ly said company, whether by
of way. mutual agreement or otherwise, or which shall become the
property of the company by operation of law, as in this act
provided, shall, upon the payment of the amount of money
belonging to the owner or owners of said lands, as a com¬
pensation for the same, become the property of said company
in fee simple.
Transportation.
Sec. 8. The said corporation may take and transport
upon said railroad, any person or persons, merchandise, or
other property, by the force and power of steam or animals,
or any combination of them, and may fix, establish and take,
and receive such rates of toll for all passengers and property,
transported upon the same, as the said directors shall, from
time to time, establish ; and the directors are hereby author¬
ized and empowered to make all necessary rules, by-laws,
regulations and ordinances, that tliev lnav deem necessarv
o 7 %j «
and expedient, to carry into effect the provisions of this act,
and for the transfer and assignment of its stock, which is
O 7
hereby declared personal property, and transferable in such
manner as shall be provided bv the by-laws and ordinances
1 C/ t
of said corporation.
Sec. 0. The directors of said company, after the same is
Directors to " .
open books, organized, shall have power to open books, 111 the manner
prescribed in the sixth section of this act, to till up the
additional five hundred thousand dollars of stock, or any
part thereof, at such time as they may deem it for the
interest of said company, and all the installments required
to be paid upon the stock originally to be taken, and what
may be taken to increase said capital, shall be paid at such
times and in such sums as said directors may prescribe.
Sec. 10. The said company are authorized and empow-
Powcr to borrow ereq "borrow from time to time, by the sale of bonds or
money.
otherwise, sucli sum or sums of money, not exceeding the
amount of the capital stock of said company, as in their
opinion may be deemed necessary for the purchase of iron,
and depot grounds, and generally for the construction and
occupancy of said road ; which bonds may bear any rate of
45
interest therefor not exceeding ten per cent., and to pledge
and mortgage the said road and its appendages or any part
thereof, or any other property or effects, rights, credits or
franchise of the said company, as security for any such loan
of money and interest thereon, and to dispose of the bonds
issued for such loan at such rates or on such terms as the
hoard of directors may determine.
Sec. 11. In case of the death, resignation, or removal Vacandes
of the president, vice president, or any directory, at any time
between the annual elections, such vacancy may he filled,
for the remainder of the year, whenever they may happen,
by the hoard of directors; and in ease of the absence of the
president and vice president, the hoard of directors shall
have power to apppoint a president pro tempore, who shall
have and exercise such powers and functions as the by-laws of
the said corporation may provide. In case it should at any
time happen that an election shall not he made on any day
011 which, in pursuance of this act, it ought to he made, the
said corporation shall not for that cause he deemed dis¬
solved, hut such election shall he held at anv other time
directed by the by-laws of said corporation.
♦ 1
Sec. 12. That when the lands of any femme covert, per-
-r Lands of femme
son under age, non compos mentis, or out of this State, shall covert or non
" he taken in the construction of said railroad, as is provided co">Posi"cnt>s-
by this act, the said corporation shall pay the amount that
shall he awarded as due to the said last mentioned owners,
respectively, whenever the same shall he lawfully demanded,
together with six per cent, per annum-. That to ascertain
the amount to he paid to the persons named in this section
for lands taken for the use of said corporation, it shall he
the duty of the Governor of this State, upon notice given
to him by the said corporation, to appoint three commis¬
sioners, to he persons not interested in the matter, to he
determined by them, to determine the damages which the
owner or owners of the land or real estate, so entered upon
by said corporation, has or have sustained by the occupa¬
tion of the same, and it shall he the duty of the said
commissioners, or a majority of them, to deliver to said
corporation a written statement of the award or awards
they shall make, with a description of the land or real
estate appraised, to he recorded by the said corporation in
the clerk's office of the conntv in which, the land or real
•'
estate so appraised shall be, and then the said corporation
shall be deemed to be seized and possessed of the fee simple
of all such lands or real estate as shall have been approved
by the said commissioners.
Sec. 13. That whenever it shall be necessary for the con-
intersection. struction of said railroad to intersect or cross any water
course, or railroad, or highway, it shall be lawful for the
corporation to construct their railroad across or upon the
same: Provided, that the corporation shall restore the
water course, railroad, or highway, thus intersected, to its
former state, or in a sufficient manner not to have impaired
its usefnlness.
Sec. 14. That the capital stock of said company shall be
^deemed st'ptr-deemed personal property and transferable in such manner
soma property as the said corporation shall by its by-laws prescribe.
Sec. 15. That it shall be lawful for the directors to
Payment of eapi-rerpii re payment of the sums subscribed to the capital stock
at such times, and in snch proportions, and on such
conditions as they shall deem tit, under the penalty of
forfeiture of all previous payments thereon, and shall give
notice of the payments thus required, and of the time and
place, when and where the same are to be paid, at least
ninety days previous to the payment of the same, in some
public newspaper having a general circulation in the cities
of Chicago and Joliet.
O
Sec. 16. The width of said railroad is to be determined
width of road. |3y the said corporation, within the limits prescribed by the
first section of this act.
Sec. IT. It shall be lawful for the company created by
Uroads°f °therthis a°f f° unite with any other railroad company which
may have been, or hereafter shall be incorporated by this
State under any law thereof, and to grant to any such com¬
pany the right to construct and use any portion of the road
47
hereby authorized to be constructed upon such terms as may
be mutually agreed upon between said companies.
Sec. 18. This act shall be deemed and taken as a public pubiic act.
act, and shall be construed beneficially for all purposes
herein specified or intended; and the said company shall -
commence the said work within two years and complete
the same within five years from the passage of this act.
Approved Feb. 15,1855.
AN ACT to amend an act entitled ie An act to con struct « in force febru-
rallroa-d from Joliet to Chicagoapproved February ary zo, 1861.
ir>, isr>r>.
Section 1. Be it enacted by the -people of the State of Illi¬
nois, represented, in the General Assembly, That so much of
the act entitled "An act to construct a railroad from JolietTimeofcomple-
' . . tion of road.
to Chicago, approved February 15, 1855, as limits the dura¬
tion of the corporation thereby created to the term of thirty
(30) years, and the time for the completion of the railroad
therein mentioned and its appendages to the term of five
(5) years, be and the same is hereby repealed.
Sec. 2. The capital stock of said company may beCapital stock
increased, from time to time, by a vote of stockholders
representing a majority of stock, to an amount equal to the
cost of the railroad in said act mentioned, its appendages
and property, purchased or acquired, or that may hereafter
be purchased or acquired; and the said company shall have
power to borrow such sums of money, from time to time,
as may, in the opinion of the directors, or a majority of
them, be deemed expedient; and may issue and dispose of
. , -i , i t j* p ,i p •! , issuing of bonds.
its bonds or obligations, for the purposes aforesaid; and
may mortgage all or any portion of its property and fran¬
chises, now acquired or that hereafter may be acquired, to
secure the payment of any debt contracted by said com¬
pany, by such form of deed or deeds and with such powers
of sale therein contained as the said directors or a majority
. ' . 48
of them may think fit and proper; and such company may
sell its bonds or obligations, either within or without this
State, at such rates and prices as the said directors or a ma¬
jority of them may sanction and determine ; and said sales
shall be as valid and obligatory upon the company, for the
full amount of the bonds or obligations sold, as if such
bonds or obligations were sold at par value.
Sec. 3. The said company may, from time to time, pur-
^ndpropertyndSc^iase? occupy and hold such depot grounds or any other
proporty that its directors or a majority of them may deem
expedient for extending its railroad business and traffic;
and all the rights and privileges of said company are hereby
extended to the property which may be thus acquired, with
power to exercise the same.
Sec. 4. The said company may change its corporate
change °f name name anq style to sucli name and style as its directors, by
resolution, may order and direct, upon filing in the office of
the Secretary of State a copy of sucli resolution, within
thirty days after the passage of the same, and publishing a
like copy in one or more newspapers published in the cities
of Joliet and Chicago.
Approved February 20, 1801.
LEASE of the Joliet and Chicago Eailroad Company to
the Chicago and Alton Eailroad Company.
This Indenture, made and entered into this first day of
January, in the year of our Lord one thousand eight hun¬
dred and sixty-four, by and between the Joliet and Chicago
Railroad company, the proprietor and owner of thirty-seven
miles of railroad between the cities of Joliet and Chicago,
in the State of Illinois, party of the first part, and the
Chicago and Alton Railroad Company, the proprietor and
owner of two hundred and twenty miles of railroad between
the cities of Joliet and Alton, in the State of Illinois, party
of the second part, Witnesseth :
That the said party of the first part, for and in considera¬
tion of the rents, covenants and agreements hereinafter
contained and set forth on behalf of the said party of the
second part, its successors and assigns, to be paid, kept and
performed, hath granted, demised and leased, and by these
presents doth grant, demise and lease unto the said party
of the second part, and its successors and assigns, all and
singular the railroad, railroad track, station houses, water
stations, depots, depot grounds, engine houses and structures
of every kind whatsoever, belonging to the said party of
the first part, together with all and singular the locomotive
engines and cars of every description whatsoever, of which
the said party of the first part may now be possessed.
To knee and to hold the said above demised and leased
premises, together with all the appurtenances thereof, with¬
out reservation, unto the said party of the second part and
to its successors and assigns, from and after the first day of
January, in the year of our Lord one thousand eight hun¬
dred and sixty-four, Forever, upon the terms and conditions
hereinafter contained and set forth.
o
50
And the said party of the second part, for itself, its suc¬
cessors and assigns, lierehv covenants and agrees, to and
with the said party of the first part, that if, the said party
of the second part, will forever use and operate the said
demised and leased premises as a part of the main line of
the Chicago and Alton Railroad.
And the said party of the second part, for itself, its suc¬
cessors and assigns, hereby further covenants and agrees, to
and with the said party of the first part, that it, the said
party of the second part, will at all times hereafter, at its
own proper cost and expense, keep in good and sufficient
repair and in good working order, the railroad belonging to
the said party of the first part, together with the railroad
track, bridges, fences, stations, depots, water tanks and
appurtenances thereof, and that it, the said party of the
second part, will, at its own proper cost, maintain the same
in such condition as it, the said party of the second part,
shall deem necessary to insure the efficiency thereof, and
for the convenient and speedy dispatch of the ordinary
railway traffic over the same, and that for this purpose the
said party of the second part will make all needful and
proper repairs thereto, including the renewal of the track
of said railroad, and all repairs and renewals of every kind
whatsoever, which mav from time to time be rendered
' %j
necessary by reason of the wear and tear of said railroad
and its appurtenances, and which may be necessary to
secure the prompt and efficient dispatch of the ordinary
business which mav at anv time hereafter be transacted
upon said railroad.
And the said party of the first part, as a further consid¬
eration to the said party of the second part for the execution
of this lease, hereby covenants and agrees that it, the said
party of the first part, on or before the first day of January,
a. d. 1864, will pay to the said party of the second part
the sum of five hundred thousand dollars, which said sum
of five hundred thousand dollars may be paid to said party
of the second part by the delivery to the said party of the
second part, on or before the said first day of January, a. d.
1864, of five thousand new shares of the capital stock of
51
the said party of the first part, of the par value of one
hitndred dollars each, issued by said party of the first part,
in accordance with the terms and provisions of its act of
incorporation.
And the said party of the first part hereby further agrees,
to and with the said party of the second part, that it, the
said party of the first part, will not at any time hereafter
make any further issue of its capital stock than the issue
hereinbefore provided to be made, and that the said party
of the first part will not at any time hereafter execute any
mortgage or trust deed upon the property hereinbefore
demised and leased to the said party of the second part,
and that it, the said party of the first part, will not at any
time hereafter issue any bonds, secured in any manner by
any pledge or mortgage upon the said demised premises.
And the said party of the second part, for the considera¬
tions aforesaid, for itself, its successors and assigns, hereby
further covenants and agrees, to and with said party of the
first part, that it, the said party of the second part, will
assume and pay the annual interest upon the bonds hereto¬
fore issued by the said party of the first part, and which
may be at this time outstanding uncanceled, the said bonds
being five hundred in number, each for the sum of one
thousand dollars,, bearing interest, payable semi-annually,
at the rate of eight per centum per annum, at the Conti¬
nental Bank, in Xew York City, and secured by a deed of
trust, executed on the first day of July, a. d. 1857, by the
party of the first part to Luther C. Clark. And the said
party of the second part hereby further agrees, to and with
said party of the first, part, that it, the said party of the
second part, will assume and pay the principal of the bonds
of the party of the first part, hereinbefore specified, when
- the same shall become due and payable, and that it, the
said party of the second part, will, at all times hereafter,
carefully observe and keep the conditions and agreements
contained in the trust deed hereinbefore mentioned, on
behalf of the party of the first part, so far as the said con¬
ditions arc designed and intended to secure the payment of
the principal and interest of said bonds.
And tlie said party of the second part hereby further
covenants and agrees, to and with the said party of the first
part, that it, the said party of the second part, will guaran¬
tee and pay unto the holders of the shares of all the capital
stock of the party of the first part, whether new or old,
amounting to fifteen thousand shares, an annual dividend
of seven per centum upon the par value of said shares of
capital stock, and the said party of the second part further
covenants and agrees that it will pay said dividend quar¬
terly, in equal installments, on the first Monday in April,
July, October and January, hereafter.
And the said party of the second part hereby further
covenants and agrees, to and with the said party of the first
part, that for the purpose of paying the dividend hereinbe¬
fore agreed to be paid by said party of the second part,
upon the capital stock of the party of the first part, it, the
said party of the second part, will, on the first day of Feb¬
ruary, a. d. 1864, and 011 the first day of each and every
month thereafter, deposit in the custody of the United
States Trust Company of the city and State of Yew York,
the sum of eight thousand seven hundred and fifty dollars
in funds bankable and current in said city of Yew York.
Each and all of which deposits so made shall be placed, by
the United States Trust Company, to the credit of the
stockholders of the party of the first part,- as a fund for the
purpose of paying to said stockholders, or to their legal
representatives or assigns, the dividends hereinbefore pro¬
vided to be paid quarterly to them in accordance with the
covenants hereinbefore set forth and contained.
And it is hereby mutually agreed between the parties
hereto, that if, at any time hereafter, the said United States
Trust Company shall cease to exist, or shall become an
unsafe depository of the funds hereinbefore agreed to be
deposited with it, or shall refuse to receive the said deposits,
then in either of said cases the board of directors of the
party of the first part, and the board of directors of the
party of the second part, acting together, shall select and
designate a depository of said funds, and the said funds
shall be paid into the depository so selected and designated.
And the said party of the second part further covenants
and agrees, to and with the said party of the first part, that
the said sums of money, to he monthly deposited as afore¬
said with the United States Trust Company or other deposi¬
tory in Yew York City, shall be free of all Federal taxes
which are now or may hereafter he levied by the Govern¬
ment of the United States, upon the payment of dividends
declared or made upon the capital stock of incorporated
companies, and that the dividend hereinbefore provided to
be paid by the said party of the second part upon the capi¬
tal stock of the party of the first part, shall be paid in full
and without auv deduction therefrom for anv Federal tax
whatsoever upon the payment of said dividend, and that all
taxes which may at any time hereafter be due to the United
States Government on account of said dividends so paid
from time to time, shall be paid by the said party of the
second part to the United States Government. Provided,
nevertheless, and it is distinctly understood and agreed
between the parties hereto, that any and all sums of money
which may from time to time be allowed and paid by the
depository hereinbefore mentioned for and on account of
interest allowed upon the sums of money deposited with it
as aforesaid, shall be the property of and subject to the
control and disposal of the said party of the second part.
And the said party of the second part, for the considera¬
tion aforesaid, hereby further agrees to and with the said
7 %j O
party of the first part, that it, the said party of the second
part, will at all times hereafter pay all taxes, whether Fed¬
eral, State, county or municipal, which are or may hereafter
be assessed against the premises hereinbefore demised and
leased, at the time when said taxes may be due and payable.
And the said party of the second part, for the considera¬
tion aforesaid, and for the purpose of further securing and
guaranteeing to the said party of the first part the faithful
performance of all and singular the covenants and agree¬
ments herein contained on the part and behalf of the said
party of the second part to be performed and kept, hereby
expressly pledges to the said party of the first part, thirty-
seven parts out of two hundred and fifty-seven parts of the
54
gross receipts of tlio line of railroad between tlic cities of
Alton and Chicago, which is formed by the two lines of
railroad hereinbefore mentioned.
And the said party of the second part, for the purpose of
ascertaining the said thirty-seven two hundred and fifty-
sevenths of the gross receipts so pledged, as aforesaid, and
for the purpose of further securing to the party of the first
part the performance of the covenants and agreements
herein contained, to he performed and kept on the part and
behalf of said party of the second part, hereby covenants
and agrees to and with the said first party, that it, the said
party of the second part, will keep a true and accurate
account of the gross receipts of the line of railroad between
the cities of Chicago and Alton, and that it will, at the end
of each and every month hereafter, and within twenty days
thereafter, make up and exhibit to the proper officers of the
said party of the first part a true and correct statement of
said gross receipts for that month.
And the said party of the second part hereby further
covenants and agrees, to and with the said party of the first
part, that at the end of each and every month in the year,
and within twenty days thereafter, it, the said party of the
second part, will divide the amount of the gross receipts
for that month, as shown by the statement hereinbefore
provided for, into two hundred and fifty-seven equal shares,
equaling the number of miles of railroad to be operated by
the said party of the second part, under this agreement,
and that it, the said party of the second part, will cause
thirty-seven parts of the two-hundred and fifty-seven parts
so ascertained, to be placed to the credit of the said party
of the first part upon the books of account of the party of
the second part, and that these thirty-seven equal parts
shall be by said party of the second part specially retained
and reserved as a fund pledged for the purpose of securing
and guaranteeing to the said party of the first part the per¬
formance of the covenants and agreements herein contained
vl?
on behalf of the party of the second part, so far as the same
shall relate to the maintenance and repair of its railroad and
appurtenances, the payment of the semi-annual interest
55
upon the outstanding honds of the party of the first part,
and the monthly deposits of the sums of monev hereinbe-
t/ l «>
fore provided, to be made by the party of the second
part for the purpose of paying the quarterly dividends upon
the share of the capital stock of the party of the first part.
And the said party of the second part further agrees, to
and with the said party of the first part, that in case the
amount herein provided, to be placed monthly to the credit
of the said party of the first part upon the books of account
of the party of the second part, shall, at the end of any
month hereafter, be insufficient to pay to said party of the
first part the full amount herein agreed to be paid or secured
by said party of the second part during that month, as also
the proportionate part for that month of the quarterly divi¬
dend herein agreed to be paid by said party of the second
part, and the proportionate part for that month of the semi¬
annual interest to be paid by said party of- the second
part, upon the outstanding bonds of said party of the first
part, then and in that case any deficiency which may so arise
by reason of thirty-seven two hundred and fifty-sevenths of
the gross receipts of the line of railroad between Chicago and
Alton being insufficient to secure and cover the monthly
O «y
proportion of all the payments hereinbefore provided to
be paid by the party of the second part, shall be made up
and supplied by the further assignment and credit to the
said party of the first part, upon the books of account of
said party of the second part, of so much of its receipts, in
addition to that already assigned and credited, as may be
necessary to supply the deficiency.
And it is hereby mutually agreed between the parties
hereto, that at the end of each and every six months here¬
after, or as soon as the same can be reasonably done, an
account shall be taken of the amounts paid by said party of
the second part during said six months, in accordance with
the covenants and agreements herein contained, and the
amount of said payment shall be ascertained, and an account
shall also at the same time be taken of the amounts credited
at the end of each and every month during said six months,
56
to tlio parly of tin1 lirst part, in accordance with the pro¬
visions hereof, and the amount of said credits shall he
computed and ascertained, and if, at the time of making
said computations, it shall he found that the amounts of the
credits so made during* said six months, shall exceed the
amount of the payments made or to he made by said party
of the second part during said period of six months, then
the excess so ascertained shall be restored to the said party
of the second part upon its books of account, the proper
entries being made therein for that purpose, and as to said
excess, the lien of the party of the lirst part upon the same,
hereinbefore provided for, shall be satisfied and discharged.
And the said party of the second part hereby further
covenants and agrees, to and with said party of the first
part, that the said party of the first part, for the purpose of
verifying the accounts herein provided, to be rendered by
said party of the second part, shall at all proper times, by its
president, or any person appointed by him for that purpose,
have access to the books of account and vouchers of the
said party of the second part, and the said party of the sec¬
ond part hereby further covenants and agrees to and with
the said party of the first part, that it, the said party of the
second part, will, at all times hereafter, guarantee' and
indemnify the said party of the first part against all claims
for damage growing out of the operation of said line of
railroad between the cities of Chicago and Alton, and that
it, the said party of the second part, will pay and satisfy all
damages which may be assessed against either of the parties
hereto, growing out of the operation of said line of rail¬
road, whether the same be founded upon claims for non¬
performance of duty as common carriers of passengers or
freight, injuries to cattle or other animals along the line of
said railroad, losses arising from fires communicated along
said line of railroad, from the locomotive engines used
thereon, or from any other cause occurring hereafter by the
negligence or dereliction of duty of the party of the second
part, in the conduct of the business and traffic of said line
of railroad.
And the said party of the second part hereby agrees, to
and with the said party of the first part, that it, the said
party of the second part, will hereafter pay the salaries of
the following officers of the party of the first part, namely:
The president of the said Joliet and Chicago Ihiilroad Com¬
pany, the secretary thereof, and the transfer agent of said
company in New York City : Provided, that the aggregate
amount of the annual salaries of said officers shall not
exceed the sum of two thousand dollars, and that it, the
said party of the second part, will also pay to the United
States Trust Company, or other depository in the city of
Xew York, the annual charge made by such depository for
the registration of the shares of the capital stock of the
said party of the first part, and the payment of the quarterly
dividends thereon, hereinbefore provided to be paid.
And it is mutually agreed between the parties hereto,
that if, at any time hereafter, any disagreement shall arise
between the parties hereto as to the construction of any of
the articles of this agreement, and which said disagreement
cannot be adjusted and settled between the respective
officers of the two corporations, parties hereto, or in case
any question should hereafter arise between the parties
hereto as to the non-fulfillment of any of the agreements
«./ o
and covenants herein contained, then in all such cases the
questions so arising shall be submitted to the arbitration of
two disinterested persons, skilled in the business of con¬
ducting and managing railroads, one of whom shall be
cT» O O '
chosen by each of the parties hereto, and the said arbitrators
so chosen shall have authority and power to make a final
decision and adjustment "of such questions, and their
decision, when so made, shall be final and conclusive of the
matters and things so determined.
And it is further mutually agreed between the parties
hereto, that, in case the arbitrators so chosen as aforesaid,
shall fail to agree upon the adjustment of the question
or questions so submitted to them as aforesaid, then, in
such case, the two arbitrators shall choose an umpire, who
shall be a disinterested person skilled in the conduct of
5K
rail roads, and the award of tlic umpire so chosen, when
made, shall he conclusive as to the questions decided by
him.
And it is further mutually agreed between the parties
hereto, that, in case the arbitrators chosen by the parties
hereto as aforesaid, shall, within ten days after any disa¬
greement upon a question submitted to them, in pursuance
of this agreement, fail to select an umpire, as herein pro¬
vided, then and in that case each of the parties hereto shall
name a person, and from the two persons so named an
umpire shall he selected by drawing lots, who shall have
like power and authority, and whose decision shall he
equally binding upon the parties hereto, as though he had
been selected by the arbitrators in the manner hereinbefore
provided for.
And it is further mutually agreed between the parties
hereto, that if, at any time, either of said parties, after ten
davs' notice in writing so to do, shall fail to name an
umpire, to be selected by lot, in the manner hereinbefore
provided for, then and in that case, the person selected by
the other party shall be authorized and empowered to act
as umpire, and his decision of the question submitted to
him shall be final and conclusive between the parties
hereto.
In Wduexs Whereof, the parties have caused these pres¬
ents to be sealed with their respective corporate seals, and
to be signed by their respective presidents and secretaries,
on this first day of January, in the year of our Lord eigh¬
teen hundred and sixtv-four.
[Signed]
The Joliet and Chicago It abroad Company, by
T. B. BLACKSTOXE, President.
JOSEPH PRICE, Sec'y Juliet and Chicayo P. P. Co.
The Chicago and Alton Railroad Company, by
JAMES ROBE, President.
JOSEPH PRICE, Sedy Chic-ayo and Alton P. P. Co.
1 N A CT to -incorporate the Alton and St, Louis Railroad in force Feb. 4,
Company. l859
Section 1. Be it enacted by the people of the State of Illi¬
nois, represented in the General Assembly, That Samuel A.
Buckmaster, John J. Mitchell and others, who have Corporators,
purchased or may hereafter purchase of the Sangamon and
Xorthwest Railroad Company so much of the branch
of said railroad of said company as lies between
Alton, in Madison county, and Bloody Island,
opposite^the city of St. Louis, Missouri, and their
associates, successors and assigns, are hereby created a
body politic and corporate, under the name and style of
"The Alton and St. Louis Railroad Company ;" and by that
name be and they are hereby made capable, in law and in
equity, to sue and be sued, plead and be impleaded, defend
and be defended, in any court of law and equity in this
State or elsewhere; to make, have and use a common seal,
and the same to renew and alter at pleasure; and shall be
and are hereby vested with all powers, privileges and
immunities which are or may be necessary to construct,
complete and operate a railroad, with double or singl.e track,
from Alton to any point opposite the city of St. Louis,
Missouri, and for that purpose to enter upon and take
possession of so much land as may be necessary to construct,
complete and operate said railroad and its appendages.
And if said company can not agree with the owner or
owners of said land, taken as aforesaid, it may be lawful for
them to proceed in the manner now provided by the laws
of this State for the condemnation of lands by incorporated
companies.
GO
Capital stock TllC Cilpl till Stock of Sill<l C*<>111]_»SI 11 V sllilll llC fi VC
11uiidred thousand dollars, and wliicli mav he increased hv
/ t/
said company to any sum, not exceeding one million ot
dollars, which may he divided into shares of one hundred
dollars each, which shall he deemed personal property, and
may he issued and transferred in such manner as the hoard
of directors may prescribe.
Directors.
Sec. 8. The affairs of said company shall lie managed
hy a board of three directors, which may he increased to
nine, and Samuel A. Buekmaster, John J. Mitchell and
William II. Mitchell are hereby appointed the first hoard,
who shall hold their offices until their successors he elected
and qualified, in such manner as may he prescribed hy the
by-laws of said company. Said hoard shall have the power
of electing one of their number president, and such other
officers as may he prescribed hy the by-laws; and said cor¬
poration shall he and is hereby vested with all the powers
conferred upon railroad incorporations by the general rail¬
road laws of the State of Illinois or any amendment now
made or hereafter to he made thereto.
Sec. 4. Said Alton and St. Louis Railroad Company
Power to pur- , n i -■ t t • i c*
chase railroad, shall have the power to purchase and receive, by transfer,
from the Sangamon and Northwest "Hailroad Company, the
branch road aforesaid; and after such transfer, the said
corporation, hereby created, shall he the owners of said
branch road, and all of the acts done hv said Sangamon and
7 «> O
Northwest Railroad Company, their agents or contractors,
toward establishing or constructing the aforesaid branch
O o
road, or acquiring the right of way or any other real estate,
for the use of said branch road, he and the same are hereby
sanctioned and declared legal and valid, and the title to so
much of the said branch road as is now constructed, in
whole or in part, and to all the right of way and other real
estate acquired for the purposes aforesaid shall he thereafter
vested in the said Alton and St. Louis Railroad Company;
and said company shall have the power to enter upon and
take possession of the said branch road and to complete the
same to its present termination, 011 Bloody Island, or con-
61
tinue or construct tlie same to any other point on the Mis¬
sissippi river, opposite to the city of St. Louis, in the
State of Missouri.
Sec. 5. Said corporation shall have power to unite its Power to unite
railroad with any other railroad, now constructed or which with other raii-
shall hereafter he constructed, upon such terms as may he
mutually agreed upon between the companies so connecting;
and, also, shall have the power to lease its railroad, with
the benefit of all the rights, privileges and franchises hereby
conferred, to any other corporation, or person or persons;
and, for the purposes aforesaid, full power is hereby given,
to the said company to make, execute and deliver all such
contracts and instruments of writing as shall be necessaiy
for said purposes. Said company is also hereby authorized,
from time to time, to borrow such sums of money as may
be necessary for the purposes of said company, and at any
rate of interest not exceeding ten per cent, per annum, and
to issue and dispose of their bonds, in denominations of not
less than one hundred dollars, for any amount so borrowed,
and to mortgage their corporate property, real or personal,
and their franchise, or convey the same, by deed of trust, to
secure the payment of any money so borrowed, or any
other debt of said company. And all mortgages or deeds
of trust of said company, 011 any personal property of said
company, shall be valid liens thereon, although not
acknowledged, as is required by the statute touching the
execution and recording of chattel mortfra^es, and the
o o o '
provisions of said statute shall not be held to apply to any
mortmmes or deeds of trust which shall be made bv said
o o «/
company.
Sec. 6. This act shall be a public act, and shall take
effect and be in force from and after its passage.
Approved February 4, 1859.
LEASE of the Alton and St, Louis to the Chieaf/o and
Alton Iiailroad, in Perpetuity.
This Indenture, made and entered into tliis sixteenth day
of April, in the year of our Lord one thousand eight hun¬
dred and sixty-four, by and between the Alton and St.
Louis Railroad Company, a corporation duly incorporated
and organized under the laws of the State of Illinois, the
owner and proprietor of the unfinished railroad between the
city of Alton and Bloody Island, in the State of Illinois,
said railroad being twenty-two and one-half miles in
length, party of the first part, and the Chicago and Alton
Railroad Company, the proprietor and owner of two hun¬
dred and twenty miles of railroad between the cities of
Alton and Joliet, in the State of Illinois, party of the sec¬
ond part, Witnesseth:
That the said party of the first part, for and in consider¬
ation of the rents, covenants and agreements hereinafter
contained and set forth 011 the part and behalf of the said
]tarty of the second part, its successors and assigns, to be
paid, kept and performed, hath granted, demised and leased,
and by these presents doth grant, demise and lease unto the
said party of the second part, and its successors and assigns,
all and singular the right of way, with the unfinished rail¬
road, railroad track, bridges, fences, water stations, depots,
depot grounds, engines and structures of every kind now
belonging to said party of the first part, and, also, all and
singular the railroad track, bridges, fences, water stations,
depots, depot grounds, lands, engine houses, and structures
of every kind whatsoever, to be hereafter acquired, con¬
structed and completed, by said party of the second part
for the said party of the first part, in accordance with the
63
covenants and agreements hereinafter contained on the part
and behalf of the said party of the second pai;t, its succes¬
sors and assigns.
To have and to hold the said above demised and leased
premises, together with all the appurtenances thereof, with¬
out reservation, unto the said party of the second part and
to its successors and assigns, from and after the second dav
of April, in the year of our Lord one thousand eight hun¬
dred and sixty-four, Forever, upon the terms and conditions
hereinafter contained and set forth. And the said party
of the second part, for itself, its successors and assigns,
hereby covenants and agrees, to and with the said party of
the first part, that it, the said party of the second part, will
forever use and operate the said demised and leased prem¬
ises as a part of the main line of the Chicago and Alton
Kail road.
And the said party of the second part, for itself, its suc¬
cessors and assigns, hereby further covenants and agrees, to
and with the said party of the first part, that it, the said
party of the second part, will at all times hereafter, at its
own proper cost and expense, keep in good and sufficient
repair, and in good working order, the railroad belonging
to the said party of the first part, hereinbefore demised,
together with the railroad track, bridges, fences, stations,
depots, water tanks and appurtenances thereof, and that it,
the said party of the second part, will, at its own proper
cost, maintain the same in such condition as it, the said party
of the second part, shall deem necessary to insure the effi¬
ciency thereof, and for the convenient and speedy dispatch
of the ordinary railway traffic over the same, and that for
this purpose the said party of the second part will make all
needful and proper repairs thereto, including the renewal
of the tracks of the said railroad and all repairs and renewal
of every kind whatsoever, which may from time to time be
rendered necessary by reason of the wear and tear of said
railroad and its appurtenances, and which may be necessary
to secure the prompt and efficient dispatch of the ordinary
business which mav at anv time hereafter be transacted
%- t/
upon said railroad.
64
And the said party of the second part, for the considera¬
tion aforesaid, hereby covenants and agrees, to and with the
said party of the first part, that it, the said party of the
second part, will, at its own expense, complete the railroad,
railroad track, bridges, fences, water stations, depots and
structures necessary and proper to completely finish the
railroad over the right of way now belonging to the party
of the first part, between its termini at the city of Alton
and Bloody Island, opposite to the city of St. Louis, in such
a manner as will unite the said railroad with the railroad of
said party of the second part as a continuous line, and will
have the same completed within a reasonable time and with
all convenient dispatch, for the transaction of business over
the same, and that the said railroad, with its bridges, fenc¬
ings, stations, water tanks, turnouts, engine houses and
switching tracks, shall be finished in a permanent and sub¬
stantial manner, and so as to insure the prompt and effi¬
cient dispatch of all business required to be done upon it,
and in all respects equal to a first-class railroad in Illinois.
And the said party of the first part, in consideration of
the agreement by said second party so to complete, construct
and finish said railroad, further agrees hereby, to and with
the said party of the second part, that it, the said party of
the first part, will, 011 or before the first day of June, a. d.
one thousand eight hundred and sixty-four, pay to the
said party of the second part the sum of seven hundred
thousand dollars, which said sum of seven hundred thousand
dollars may be paid to said party of the second part by the
delivery to said second party, 011 or before the said first day
of June, A. D. 1864, of seven thousand shares of the capital
stock of the party of the first part, of the par value of one
hundred dollars each, issued by the said party of the first
part in accordance with the terms and provisions of its act
of incorporation.
And the said party of the first part further covenants and
agrees, to and with the said party of the second part, that
it, the said party of the first part, will not at any time here¬
after make any issue of its capital stock over and above the
• «*+-'
m>
number of eight thousand shares thereof, ancl that said party
of the first part will not at any time hereafter execute any
mortgage or trust deed upon the property hereinbefore
demised and leased to the said party of the second part,
and that it, the said party of the first part, will not at any
time hereafter issue any bonds secured in any manner by
any pledge or mortgage upon the said demised premises, or
in any manner encumber the same.
And the said party of the first part hereby further agrees
and covenants, to and with the said party of the second part,
that it, the said party of the first part, will at no time here¬
after do, cause, or permit to he done, any act which will incur
a forfeiture of its franchises as a corporation, and that it
will at all times hereafter keep up and maintain its organ¬
ization as an incorporated company under the laws of the
State of Illinois, and that for such purpose it will do all
acts necessary therefor, and it will omit none required to be
done by its act of incorporation, or which may be requisite
for that purpose under any of the laws of the State of
Illinois regulating railroad companies.
And the said party of the second part hereby further
covenants and, agrees, to and with the said party of the first
part, that it, the said party of the second part, will guar¬
antee and pay unto the holders of the shares, of all the capi¬
tal stock of the party of the first part, whether new or old,
amounting to eight thousand shares, an annual dividend of
seven per centum upon the par value of said shares of
capital stock, and the said party of the second part further
covenants and agrees that it will pay said dividend quarterly,
in equal installments, on the first Monday in July, October,
.January and April hereafter.
And the said party of the second part hereby further
covenants and agrees, to and with the said party of the first
part, that, for the purpose of paying the dividend herein¬
before agreed to be paid by said party of the second part,
upon the capital stock of the party of the first part, it, the
said party of the second part, will, on the first dag of Mag,
A. Ik 18(14, and on the first dav of each and everv month
thereafter, deposit in the custody of the United States Trust
Company of the city and State of Yew York, the sum of
four thousand eiyht hundred and thirty-three, dollars and thirty-
three and, one-tlurd cents, in funds bankable and current in
said city of Yew York, each and all of which deposits so
made shall be placed by the said United States Trust Com¬
pany to the credit of the stockholders of the party of the
first part, as a fund for the purpose of paying to said
stockholders, or their legal representatives or assigns, the
dividends hereinbefore provided to be paid 'quarterly to
them, in accordance with the covenants hereinbefore set
forth and contained.
And it is hereby mat unity ay reed between the parties
hereto, that if at any time hereafter the said United States
Trust Company shall cease to exist, or shall become an
unsafe depository of the funds hereinbefore agreed to be
deposited with it, or shall refuse to receive the said deposits,
then, in either of said cases, the board of directors of the
party of the first part, and the board of directors of the
party of the second part, acting together, shall select and
designate a depository of said funds, and the said funds
shall be paid into the depository so selected and designated.
And the said party of the second part further covenants
and, ar/rees, to and with the said party of the first part, that
the said sums of money, to be monthly deposited, as afore¬
said, with the United States Trust Company, or other
depository in Yew York City, shall he free of all Federal
taxes which are now or may hereafter be levied by the
Government of the United States, upon the payment of
dividends declared or made upon the capital stock of
incorporated companies, and that the dividend hereinbefore
provided to be paid by the said party of the second part
upon the capital stock of the party of the first part shall be
paid in full, and without any deduction therefrom for any
Federal tax whatsoever, upon the payment of said dividend,
and that all taxes which may at any time hereafter be due
to the United States Government on account of said
dividends so paid, from time to time, shall be paid by the
said party of the second part, to the United States Govern-
67
mcnt: Provided, nevertheless, aticl it is distinctly understood
and agreed between the parties hereto, that any and all
sums of money which may from time to time be allowed
and paid by the depository hereinbefore mentioned, for and
on account of interest allowed upon the sums of money
deposited with it, as aforesaid, shall be the property of, and
subject to the control and disposal of the said party of the
second part.
And the said party of the second part, for the considera¬
tion aforesaid, hereby further agrees, to and with the said
party of the first part, that it, the said party of the second
part, will, at all times hereafter pay all taxes, whether Fed¬
eral, State, county or municipal, which are or may hereafter
be assessed against the premises hereinbefore demised and
leased at the time when said taxes may be due and payable.
And it is further agreed, between the parties hereto, that
the sums hereinbefore agreed to be paid by the said party
of the second part, in accordance with the terms of this
agreement, shall be a first Hen upon the gross earnings of
the said railroad of the party of the first part, and the said
gross earnings are hereby expressly pledged to secure and
satisfy the same.
And the said party of the second part hereby further
covenants and agrees, to and with the said party of the first
part, that it, the said party of the second part, will at all
times hereafter guarantee and indemnify the said party -of
the first part against all claims for damage growing out of
the operation of said line of railroad between the city of
Alton and Bloody Island, and that it, the said party of the
second part, will pay and satisfy all damages which may be
assessed against either of the parties hereto growing out of
the operation of said line of railroad, whether the same be
founded upon claims for non-performance of duty as com¬
mon carriers of passengers or freight, injuries to cattle or
other animals along the line of said railroad, losses arising
o 7 O
from fires communicated along said line of railroad from
the locomotive engines used thereon, or from anv other
cause occurring hereafter by the negligence or dereliction
O O O
of duty of the party of the second part, in the conduct of
the business and traffic of said line of railroad.
And the said party of the second part hereby agrees, to
and with' the said party of the first part, that it, the said
party of the second part, will hereafter pay the salaries of
the following officers'of the party of the first part, namely:
the president of the Alton and St. Louis Railroad Company,
the secretary thereof, and the transfer agent of said company
in Xew York City: Provided, that the aggregate amounts of
the annual salaries of said officers shall not exceed the sum
of one than,sand, dollars, and that it, the said party of the
second part, will also pay to the United States Trust Com¬
pany or other depository in the city of Xew York, the
annual charge made by such depository for the registration
of the shares of the capital stock of the said party of the
first part, and the payment of the quarterly dividends
thereon hereinbefore provided to be paid.
And it is further understood and agreed between the
parties hereto, that if the sums of money to be paid in
accordance with the terms of this agreement by said party
of the second part, or any or either of them, or any part
thereof, shall be behind or unpaid on the day of payment
whereon the same are provided to be paid, as aforesaid, it
shall and may be lawful for the said party of the first part
at its election, and upon sixty days' notice being given in
writing to the said party of the second part, of such elec¬
tion, to declare said term ended, and into the said demised
premises or any part thereof, either with or without pro¬
cess of law, to re-enter, and the said party of the second
part, or any person or persons occupying the same, to
expel, remove, and put out, using such force as may be
necessary in so doing, and the said premises again to repos¬
sess and enjoy in its first and former estate, and if at any
time said term shall be ended at such election of said party
of the first part, or in any other way, the said party of the
second part doth hereby covenant and agree to surrender
and deliver up said above described property and premises
peaceably to said party of the first part, immediately upon
the determination of said term as aforesaid.
m
And it is nmtmdhj a (freed between the parties hereto, that
if, at anv time hereafter, anv disagreement shall arise
between the parties hereto, as to the construction of any
of the articles of this agreement, and which said disagree¬
ment cannot be adjusted and settled between the respective
officers of the two corporations, parties hereto, or in case
any question should hereafter arise between the parties
hereto as to the non-fulfillment of any of the agreements
«/ O
and covenants herein contained, then, in all such cases, the
question so arising shall be submitted to the arbitration of
two disinterested persons, skilled in the business of con¬
ducting and managing railroads, one of whom shall be
chosen by each of the parties hereto, and the said arbitra¬
tors so chosen shall have authority and power to make a
final decision and adjustment of such questions, and their
decision, when so made, shall be final and conclusive of the
matters and things so determined.
And it is further mutually agreed between the parties
hereto, that, in case the arbitrators so chosen, as aforesaid,
shall fail to agree upon the adjustment of the question or
questions so submitted to them, as aforesaid, then, in such
case, the two arbitrators shall choose an umpire, who shall
be a disinterested person, skilled in the conduct of railroads,
and the award of the umpire so chosen, when made* shall
be conclusive as to the questions decided by him.
And it is further mutually agreed between the parties
«/ O J-
hereto, that, in case the arbitrators chosen by the parties
hereto, as aforesaid, shall, within ten days after any dis¬
agreement upon a question submitted to them, in pursuance
of this agreement, fail to select an umpire as herein provi¬
ded, then, and in that case, each of the parties hereto shall
name a person, and from the two persons so named an
umpire shall be selected by drawing lots, who shall have
like power and authority, and whose decision shall be
equally binding upon the parties hereto, as though he had
been selected by the arbitrators in the manner hereinbefore
provided for.
70
And if is further mutually agreed between the parties
hereto, that if at any time either of said parties, after ten days'
notice in writing so to do, shall fail to name an umpire,
to be selected by lot in the manner hereinbefore provided
for, then, and in that case, the person selected by the other
party shall be authorized and empowered to act as umpire,
and his decision of the question submitted to him shall be
tinal and conclusive between the parties hereto.
In u 'itness ich.ereof, the parties have caused these presents
to be sealed with their respective corporate seals, and to be
signed by their respective presidents and secretaries, on
this sixteenth day of April, in the year of our Lord eighteen
hundred and sixty-four.
JOIIX J. MITCHELL.
President Alton and St. Louis R. R. Co.
WM. II. REID,
Secretary Alton and St. Louis R. R. Co.
T. B. BLACKSTOXE,
President C. and A. R. R. Co.
JOSEPH PRICE,
See ret a r if C. and A. R. R. Co.
STATE OF ILLIX01S, 1 ^
Madison County. f
I>e it known, on this sixteenth day of April, a. d. 18(34,
before me, the undersigned, a notary public in and for
the city of Alton, in said county, in the State aforesaid,
appeared before me John J. Mitchell and Win. II. Reid, both
to me personally known, the first as president, and the latter
as secretary of the Alton and St. Louis Railroad Company
at the date of the execution of the above instrument, and
to me known to be the real persons who executed the
foregoing agreement in their said severa capacities of
president and secretary as aforesaid, and each of them
severally and for himself alone acknowledged that he had
executed and delivered said agreement freely and voluntarily
for the uses and purposes therein expressed, and the said
John J. Mitchell, having been by uie duly sworn, did depose
I
71
and say that the seal affixed to said agreement hs the
corporate seal of said Alton and St. Louis Bailroad Com¬
pany, that he, said "Win. II. Beid, was secretarv of said
«/
company at the time of the execution of the foregoing
agreement, and that lie affixed said seal to said agreement
hy authority of said company for sncli purpose, and that
said agreement was executed and delivered as the act. of said
company for the said purposes in said agreement expressed,
which said acknowledgment and deposition are to me satis¬
factory evidence of the due execution and delivery of said
agreement.
O 9
Witness my hand and notarial seal the day and year
aforesaid.
C. A. CALDWELL,
Notary Public.
STATE OF ILLINOIS, 1
Cook County, V ss.
City of Chicago. j
Be it known, that on the twenty-first day of April, a. d.
1864, before me, the undersigned, a notary public for the
city of Chicago, in and for said county, in the State afore¬
said, appeared before me TV B. Blackstone and Joseph
Pi •ice, both to me personally known, the first as president
and the latter as secretary of the Chicago and Alton Bail-
road Company at the date of the execution of the above
instrument, and to me known to be the real persons who
executed the foregoing agreement in their said several
capacities of president and secretary as aforesaid, and each
of them severally and for himself alone acknowledged that
he had executed and delivered said agreement freely and
voluntarily for the uses and purposes therein expressed, and
the said Joseph Price having been by me duly sworn, did
depose and say, that the seal affixed to said agreement is
the corporate seal of the said Chicago and AltoU llailroad
Company, and that he, said Joseph Price, was secretary of
said company at the time of the execution of the foregoing
agreement, and that lie affixed said seal to said agreement
by authority of said company for such purposes? and that
said agreement was executed and delivered as the act. of
said company, for the purposes in said agreement expressed,
which said acknowledgment and deposition are to me
satisfactory evidence of the due execution and delivery of
said agreement.
o
Witness my hand and notarial seal the day and year
aforesaid.
JOIIX 15. KICK,
Notni')) J>n.b/ir, Citjj of Cldrarjo, Illinois.
STATE OF ILLTXOJS,)^
Madison Couxty. /'"*
I herehv certifv that this deed of agreement was this dav
*/ I. »
duly recorded in said county, in hook 82, pages 1, 2, 8, 4
and 5.
(liven under my hand this 27th day of April, a. d. 18(>4.
THUS. 0. SJLTvIXGEU,
Clerk and ex officio liecordcr.
/
3
An ACT to construct u railroad from Jacksonville9 in
Morf/ait Count tj, to Alton, in Madison Count ij.
Section 1. Be it enacted by the people of the State of Illi¬
nois, represented in the General Assembly, That Philip Coffman,
David A. Smith, David M. Woodson, Alfred W. Cavarly,
Alexander B. Morean, William B. Warren, A. 0. Dickson,
Samuel M. Prosser, W. S. IIurst, Murray McConnel, James
Dunlop, Thomas Carlin, and Edward Keating, and their
associates, successors and assigns, arc hereby created a body
corporate and politic, under the name and style of the
"Jacksonville and Carrollton lbiilroad Company," and In
that name be and tliey are hereby made capable inlaw and
equity to sue and be sued, plead and he impleaded, defend
and be defended, in any court of law and equity in this
State, or in any other place; to make, have and use a com¬
mon seal, and the same to renew and alter at pleasure, and
shall be and are hereby vested with all the powers, privi¬
leges and immunities which are or may be necessary to
carry into effect the purposes and objects of this act, as
hereinafter set forth; and the said company are hereby
authorized and empowered to locate and construct and
finally complete a railroad from the town of Jacksonville,
in Morgan county, by the way of Manchester, in Scott
county, Whitehall and Carrollton, in Greene county, pass¬
ing through Jerseyville, Jersey county, to Alton, in Madison
county; and for this purpose, said company are authorized,
upon the most clgible and proper route, to lay out their
said railroad, wide enough for a single or double track,
through the whole length, and may enter upon and take a
strip of land not exceeding one hundred feet in width; and
for the purpose of cutting embankments, stone and gravel,
74
mav take as much more land as mav be uecossarv for the
« •/
proper construction of and security of said railroad : Pro¬
dded, that nothing' in this act shall he so construed as to
prevent the corporation created by this act from uniting
their road with the Alton and Sangamon Railroad, at or
near .Brighton, in Macoupin county, upon such terms as
'may he agreed on between said companies; and if an ar¬
rangement be entered into by and between said companies,
for the company hereby created, to run upon and use the
Alton and Sangamon Railroad, from and near Brighton, the
said company shall not be required to construct their road
to Alton : And prodded,.further, that said company shall not
he fully organized and he capable of constructing their said
railroad, until one thousand dollars per mile of the stock
of said company shall, in good faith, he subscribed, and ten
per cent, thereof be paid, agreeable to the provisions of the
act entitled "An act to provide for a general system of
railroad incorporations," passed Xovember 5, 1849.
Sec. 2. The capital stock of said company shall consist
of tive hundred thousand dollars, and may be increased to
one million of dollars, to be divided into shares of one
hundred dollars each. The immediate government and
direction of said company shall be vested in five directors,
who shall be chosen by the stockholders of said company,
in the manner hereinafter provided, who shall hold their
office for one vear after their election, and until others
shall be duly elected and qualified to take their places as
directors; and the said directors, a majority of whom shall
form a quorum for the transaction of business, shall elect
one of their number to be president of the company; that
said board of directors shall have power to appoint all
necessary clerks, secretary, and other officers necessary in
the transaction of the business of said corporation.
Sec. 8. The said corporation is hereby authorized, by
their agents, surveyors and engineers, to cause such exam¬
ination and surveys to be made of the ground and eountrv
*/ <w-' C
between the points herein named as shall be necessary to
determine the most advantageous route for the proper line
75
or course whereon to construct their said railroad; audit
shall he lawful for said company to enter upon and take
possession of and use all such lands and real estate as may
he necessary for the construction and maintenance of their
said railroad: Provided, that all lands and real estate en¬
tered upon and taken possession of and used by said cor¬
poration, for the purposes and accommodation of said rail¬
road, or upon which' the site for said railroad shall have
been located or determined by the said corporation, shall
he paid for by said company, in damages, if any he sus¬
tained by the owner or owners thereof, by the use of the
same for the purposes of the said railroad; and all lands
entered upon and taken for the use of the said corporation,
which are not donated to said company, shall he obtained
and paid for in the manner provided for taking lands for
the construction of public roads, canals and other public
works, as prescribed in the act concerning right of way,
approved March 3, 1845.
Sec. 4. If any person shall wilfully, maliciously or wan¬
tonly, and contrary to law, obstruct the passage of any car on
said railroad, or any part thereof, or anything belonging
thereto, or shall damage, break or destroy any part of the
said railroad, or implements, or buildings, he, she or tliey,
or any person assisting, shall forfeit and pay to said company,
for every such offense, treble the amount of damages that shall
be proved, before a competent court, has been sustained,
and be sued for in the name and behalf of said company;
and such offender or offenders shall be deemed ffuilty of a
O v
misdemeanor and shall be liable to indictment, in the same
manner as other indictments are found, in any county or
counties where such offense shall have been committed;
and, upon conviction, every such offender shall be liable to
a fine not exceeding five thousand dollars, for the use of the
countv where such indictment mav be found.
Sec. 5. The time of holding the annual meeting of said
company, for the election of directors, shall be fixed and
determined by the by-laws of said company; and at all
meetings each stockholder shall be entitled to a vote in per-
76
son, or by lawful proxy, one vote for eaeli siiare of stock lie
or she or they may hold, bona Jidr, in said company. '
Sec. 6. The persons named in the first section of this
act are hereby appointed commissioners, who, or a majority
of whom, are hereby authorized to open subscription books
for said stock, at such places as they may deem proper.
The said commissioners shall require each subscriber to pay
five dollars on each share subscribed, at the time of sub¬
scribing; and whenever one hundred thousand dollars shall
be subscribed, the said commissoners shall call a meeting of
the stockholders, bv giving thirtv davs' notice in some
7 t/ o o «/ t
newspaper printed in the county of Morgan; and at such
meeting it shall be lawful to elect the directors of said com-
pany; and when the directors of said company are chosen,
the said commissioners shall deliver said subscription books,
with all sums of money received by them as commissioners,
to said directors. No person shall he a director in said
company, unless he shall own at least live shares of the
capital stock.
Sec. 7. That the right of way and the real estate pur¬
chased for the right of way by said company, whether by
mutual agreement or otherwise, or which shall become the
property of the company by operation of law, as in this act
provided, shall, upon the payment of the amount of money
belongingto the owner or owners of said lands, as compen¬
sation for the same, become the property of said company
in fee simple.
Sec. 8. The said corporation may take and transport
upon said railroad any person or persons, merchandise or
other property, by the force and power of steam or animals,
or any combination of them, and may fix, establish, take
and receive such rates of toll, for all passengers and
property transported upon the same, as the directors shall
from time to time establish; and the directors are herebv
authorized and empowered to make all necessary rules,
by-laws, regulations and ordinances that they may deem
necessary and expedient, to accomplish the designs and pur¬
poses, and to carry into effect the provisions of this act, and
(I
for the transfer and assignment of its stock, which is hereby
O / «
declared personal property, and transferable in such manner
as shall be provided for by the by-laws and ordinances of
said corporation.
Sec. 9. The directors of said company, after the same is
organized, shall have power to open books, in the manner
prescribed in the sixth section of this act, and to till up the
additional five hundred thousand dollars of stock, or anv
part thereof, at such times as they may deem it for the
interest of said company; and all the installments required
to be paid on the stock originally to be taken, and what
may be taken to increase said capital, shall be paid at such
times and in such sums as said directors may prescribe.
Sec. 10. In case of the death, resignation or removal of
the president, vice-president or any director, at any time
between the annual elections, such vacancy may be filled
for the remainder of the year, whenever they may happen, by
the board of directors; and in case of absence of the presi¬
dent and vice-president, the board of directors shall have
power to appoint a president pro tempore, who shall have
and exercise such powers and functions as the by-laws of
the said corporation may provide. In case it should at any
time happen that an election shall not be held on any day
on which, in pursuance of this act, it ought to be held, the
said corporation shall not for that cause be deemed dissolved,
but such election shall be held at anv other time directed
i/
by the by-laws of said corporation.
Sec. 11. That when the lands of any femmc covert, persons
underage, von compos mentis, or out of this State, shall be
taken in the construction of said railroad, as is provided by
this act, the said corporation shall pay the amount that
shall be awarded as due to the said last mentioned owners,
respectively, whenever the same shall be lawfully demanded.
That to ascertain the amount to be paid to the persons named
in this section for lands taken for the use of said corporation,
it shall be the duty of the judge of the first judicial circuit,
upon notices given to him by the said corporation, to
appoint three commissioners, to be persons not interested in
78
tile matter, to determine the damages which the owner or
owners of the land or real estate so entered upon by the
said corporation, has or have sustained by the occupation of
the same; and it shall be the duty of said commissioners,
or a majority of them, to deliver to said corporation a writ¬
ten statement of the awards thov shall make, with a
«y 7
description of the land or real estate appraised, to he
recorded by the said corporation in the clerk's office in the
county in which the land or real estate so appraised shall
be, and then the said corporation shall he deemed to he
seized and possessed of the fee simple of all such lands or
real estate as shall have been approved by the said com¬
missioners.
Sec. 12. That whenever it shall be neccssarv for the
construction of said railroad to intersect and cross anv
water course, or any- road or highway, lying between the
points aforesaid, it shall be lawful for the corporation to
construct their railroad across or upon the same: Provided,
that the said corporation shall restore the water course, or
road, or highway, thus intersected, to its former state, or in
a sufficient manner not to have impaired its usefulness.
Sec. 13. That the capital stock of said company may he
increased from one million of dollars to one million live
hundred thousand dollars, from time to time, by new sub¬
scriptions, if such increase should be found necessary to
fulfill the intention of this act, upon the directors for the
time being giving the notice as herein required, previous to
the opening the subscription books for the original stock
herein ; and that all stock of said corporation shall be deemed
personal property, and transferable in such manner as the
said corporation shall, by its by-laws, prescribe.
Sec. 14. That it shall be lawful for the directors to
require payment of the sums subscribed to the capital stock,
at such times, and in such proportions, and on such condi¬
tions, as they shall deem fit, under the penalty of the for¬
feiture of all previous payments thereon, and shall give
notice of the payments thus required, and of the place and
time when and where the same are to bo paid, at least
TV
I
ninety days previous to the payment of the same, in some
public newspaper of this State, published in some one of
the places where the notice for the opening the books for
subscription to the capital stock may have been published.
Sec. 15. The width of said railroad is to be determined
by the said corporation, within the limits prescribed in the
first section of this act.
Sec. 16. The said corporation may, if deemed advisable,
locate, construct and maintain a plankroad, and not a rail¬
road; and such plankroad shall be substituted for the rail¬
road, or a plankroad may be substituted between any of the
points named herein. The said corporation may, for the
purposes of locating, constructing and maintaining said
road, borrow money, at an interest not exceeding seven per
cent, per annum, and pledge the road, and all or every part
of its property and effects, for the repayment thereof, and
may loan any surplus funds at such rate of interest as is
now allowed upon money loaned. If a railroad or plank¬
road shall be constructed between any of the points herein
named, the corporation shall continue to exist, and have,
use, manage and control the same, as though the whole
length of the road had been completed.
Approved February 15, 1851.
«/ '
AN ACT to (anend the charter of the Jacksonville and
Carrollton liailroad Company,
Section 1. Be it enacted by the people of the State of Illi¬
nois, represented in the General Assembly, That the Jackson¬
ville and Carrollton Railroad Company, incorporated by an
act entitled " An act to construct a railroad from Jackson¬
ville, in Morgan county, to Alton, in Madison county,"
approved February 15, 1851, be and are hereby authorized
to extend the said railroad along the most eligible route to
any point on the Mississippi river not more than twenty-
five miles below the city of Alton, as may be deemed
advisable by said company, and for the purpose of such
so
extension, said Jacksonville and CarrolIton Railroad Com¬
pany arc declared to possess all the powers, and shall he
subject to all the restrictions contained in the original act
of incorporation: I'roritfcd, that if the city of Alton shall
subscribe and become responsible for the sum of one hun¬
dred thousand dollars as stock in the said railroad com¬
pany, for the purpose of aiding in the construction of said
railroad, in the same manner and upon the same terms that
the said city took stock in the Sangamon and Alton and
Terre Haute and Alton Railroad corporations, then, and in
that case, the terminus of the said Jacksonville and Oar-
rollton Railroad shall he and remain at the said city of
Alton. The said city shall not, however, be required to
take said stock in said railroad company until the county
of Morgan, in its corporate capacity, or the inhabitants of
said countv, or both together, shall have subscribed the
«y 7 ^ 7
sum of fifty thousand dollars to the capital stock of said
railroad company, and until the counties of Greene and
Jersey, in their corporate capacity, shall have severally and
respectively subscribed the sum of fifty thousand dollars
to said capital stock. And when said several subscriptions
shall have been made, as aforesaid, and the subscribers
become responsible for the payment of the same, it shall
he the duty of the president of the said railroad company
to notify the authorities of the city of Alton of such sub¬
scriptions, and if the said city shall fail or refuse, within
one month after said notification, to subscribe and become
responsible for the said sum of one hundred thousand dol¬
lars, as herein directed, then, and in that event, the power of
the said railroad company to make the extension aforesaid
shall take effect.
Sec. 2. For the purpose of facilitating the construction
of the railroad authorized by the act to which this is an
amendment, the said corporation is hereby authorized to
negotiate a loan or loans of money to the amount of its
capital stock, and to issue the bonds of the said company
for the same, and to pledge all its property, real and per¬
sonal, and all its rights, credits and franchises for the pay¬
ment thereof.
»
81
Sec. 3. If the said Jacksonville and Carrollton Rail-
road shall be extended as provided in the first section of
this act, then the capital stock of said company may be
increased to such a sum of money as may be deemed neces¬
sary to construct, finish and maintain such extension; and
said company shall have authority to increase the number
of their directors, not exceeding four, in addition to those
already provided for.
Approved February 11, 1853.
AJV ACT to amend an act entitled "An act to construct a
railroad in Jacksonville, in Morgan county, to Alton,
in Madison county," approved February 15, 1S54.
. Section 1. Be it enacted by the people of the State of Illi¬
nois:, represented in the General Assembly, That the Jackson¬
ville and Carrollton Railroad Company may, for the purpose
of locating, constructing, maintaining, and operating said
road, borrow money, and for that purpose issue bonds to
bear interest not exceeding eight per cent, per annum; but
the payment of said bonds shall be secured by said road
and its appendages, and the franchises and property of said
corporation, and all sales of bonds, for a less amount than
par value, shall be good and valid, and as binding upon the
said corporation as if the same were sold for their full
value; and the said corporation may loan any surplus funds
at such rate of interest as is now allowed upon money
loaned: Provided, nothing herein contained shall be so
construed as to confer banking privileges.
Sec. 2. All the acts and proceedings of the corporators
or commissioners named in the act to which this is an
amendment, or any of them, in obtaining subscriptions to
the capital stock of said company, or otherwise, are hereby
declared to be as good and valid as if all the requirements
of said act had been strictly complied with.
Sec. 3. The certificate of the secretary of said company,
under the corporate seal thereof, shall be received in all
H
82
courts of justice and elsewhere, as evidence of the regular
organization of said company under its charter, and of any
act or order of the board of directors of said company; and
all the acts and doings of the said company in the organi¬
zation thereof, are hereby declared to be good and valid,
and the rights, privileges and franchises of said company
as granted, are hereby declared to be in full force and
effect.
Sec. 4. So much of section sixteen of the act to which
this is an amendment as authorizes the construction of a
plankroad, instead of a railroad, be and the same is hereby
repealed.
Sec. 5. The act to which this is an amendment, and an
act entitled "an act to amend the charter of the Jackson¬
ville and Carrollton Railroad Company," approved Feb¬
ruary 11, 1853, are hereby declared to be public acts, and
this shall be in force from and after its passage.
Approved February 27, 1854.
AN ACT to amend an act entitled " A n act to construct a
railroad from Jacksonville, in Morgan county, to
Alton in Madison county," approved February
ir>, i8r>i.
Section 1. Be it enacted by the people of the State of Illi¬
nois, represented in the General Assembly, That the ntinie of
the Jacksonville and Carrollton Railroad Company be and
is hereby changed and declared to be the "Jacksonville,
Alton and St. Louis Railroad Company, and by and under
that name said corporation shall be henceforth known, and
have its corporate existence, and hold and he possessed of
all the rights, powers and privileges granted to the Jack¬
sonville and Carrollton Railroad Company, in the original
charter of said company and the several amendments
thereto, and shall be and become vested with all property
and estate, and rights of every kind whatever, vested in
the name of "The Jacksonville and Carrollton Railroad
S3
Company," as fully as if said name had not been changed.
Sec. 2. The said corporation, in addition to the pro¬
visions granted by the act to which this is an amendment,
as well as the amendments approved Feb. 11, 1853, and
and Feb. 27, 1854, are hereby authorized to purchase and
hold any tract or tracts of land along the line of said road,
for passing over which the owner or owners thereof may
claim damages, and fail or refuse to relinquish to the said
corporation the right of way over the same, and release
said company from the payment of said damages, and the
said corporation shall have power so purchase and hold
other real estate for said road, for the purpose of procuring
timber or other materials for the construction of the same,
and for such other purposes as may be required for the use
of said road.
Sec. 3. The said company may also receive voluntary
grants or donations of land or other property for the use
of said road, and also enter upon and take possession of
and use all and singular, any lands, streams and materials
of every kind for the location of depots and stopping
stages, for the purpose of constructing bridges, dams,'
embankments, excavations, station grounds, spoil-banks,
turn-outs, engine houses, shops, and other buildings neces¬
sary for the construction, completing, altering, maintaining,
preserving, and complete operation of said road. All such
lands, materials and privileges belonging to the State are
hereby granted to said corporation for said purposes; but
when owned or belonging to any person, company, or
corporation, and cannot be obtained by voluntary grant or
release, the same may be taken and paid for in the manner
provided for in the third section of the act to which this
is an amendment.
Sec. 4. The said corporation is hereby authorized to
receive subscriptions to the stock of said road, payable at
any time thereafter, with such a rate of interest thereon as
may be agreed on, and for securing the payment of said
stock and interest, said corporation may receive the bond
of said subscriber, with a mortgage or deed of trust upon
real estate, and the said corporation, on a failure or refusal
84
of said subscriber, his heirs, executors or administrators, to
pay the said sum of money and interest when payable, may
proceed, by suit in any court having competent jurisdiction,
to foreclose said mortgage or sell said real estate, agreeably
to the provisions contained in the deed of trust. The said
corporation may assign said note and mortgage or deed of
trust, and sucli vest in the assignee, the legal title thereto.
Sec. 5. The said corporation shall never be allowed to
issue certificates for stock in said company, unless ordered
by a majority of the directors, and for a valuable consider¬
ation to be given therefor, and when such certificates shall
be issued they shall be signed by the president and coun¬
tersigned by the secretary of said company, and attested
by the seal of said corporation
Sec. 6. The said corporation may hereafter construct
their said railroad along the most eligible and practicable
route to Illinoistown, or any point opposite St. Louis, and
for that purpose shall possess and exercise all the privi¬
leges, immunities and franchises, and enjoy all the rights
granted by this act, and the act to which this is an amend¬
ment, and the several amendments thereto.
Sec. 7. The said corporation, at any time before the
construction of the said road, as provided in the foregoing
section, may contract with any railroad company now
operating between the city of Alton and St. Louis, or which
may hereafter do so, for the consolidation of said corpora¬
tion, or for the use of said road, depot buildings, engine
bouse, and all other appurtenances connected therewith,
for such time and on such terms as may be agreed on.
Sec. 8. The number of the directors of the said corpo¬
ration shall hereafter be increased to seven, who shall be
elected at such time and place as may be provided by the
by-laws of said company, and it shall be lawful for the
directors of said company to alter said by-laws, and change
the time and place for the annual election of directors,
whenever in their judgment it may be deemed advisable.
Sec. 9. The counties of Morgan, Green and Jersey may
issue bonds for the full amount respectively subscribed by
85
tliem, or which they may hereafter subscribe in behalf of
said counties, to the capital stock of the Jacksonville and
Carroll ton Railroad, when requested to do so, by the order of
the directors of said corporation; and the clerks of the
county courts of said counties shall transmit to the auditor
of State the amounts respectively subscribed by said
counties, together with the accruing interest, also the
amount of bonds issued to said corporation; and
it shall be the duty of the auditor, in making out
the forms for each county, to prepare a column for
the amount of interest required to be raised annually
to meet the accruing interest on such bonds, which shall
he collected at the same time and manner of collecting the
state revenue, and paid into the county treasury; and the
collectors of said county shall be allowed the same compen¬
sation for collecting said interest as tliev receive for collect-
O «y
ing a like amount of the state revenue, to be paid by said
counties; and for the faithful discharge of their duties
shall severally be required to give bond and security, to be
approved by the clerks of said counties respectively.
Sec. 10. This act is hereby declared to be a public act,
and shall be in force and take effect from and after its
passage.
Approved Feb. 7, 1857.
AN A CT to amend an act entitled "An act to construct a
railroad from Jacksonville, in More/an county, to Alton,
in Madison countf/,99 approved February 15,1851, and
other acts amendatory thereto.
Section 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the Jacksonville,
Alton'and St. Louis Railroad Company, in addition to the
powers granted by the act to which this is an amendment,
as well as the amendments approved February 11, 1853,
February 27, 1854, and February 7, 1857,' are hereby
authorized to unite or consolidate their railroad, for running
86
purposes, operation or business, with any railroad con¬
structed, or to 1)0 constructed, 011 such terms as may be
mutually agreed.
Sec. 2. The said corporation is hereby authorized to
contract with any railroad corporation now operating or
chartered, or which may hereafter be operating or chartered,
between Alton and Illinoistown, for the running of trains
over and use of their road, depots, buildings, and all other
appurtenances connected therewith, or for the purchase, in
whole or in part, or may subscribe or purchase stock, or
become otherwise interested in any such railroad corpora¬
tion, as aforesaid, or make such other arrangements and
contracts, for the use and occupancy of such railroads and
appurtenances, as may be deemed necessary for the opera¬
ting and business of the said corporation.
Sec. 3. The said corporation is hereby authorized to
unite and connect its railroad with the St. Louis, Alton
and Chicago Railroad, at any point, within ten miles of the
city of Alton, upon such terms as may be mutually agreed
upon; and if any such connection be made, the said cor¬
poration shall not be obliged to construct its road to either
Alton or Illinoistown, or they may, by mutual agreement
or contract with the said St. Louis, Alton and Chicago
Railroad Company, build and maintain a separate trackway
alongside of said road from the point of intersection into
the city of Alton, or may make such other contracts or
arrangements for the joint occupancy and use of said St.
Louis, Alton and Chicago Railroad, depot, switches and
appurtenances, as may be mutually agreed upon.
Sec. 4. The said corporation may construct their road
011 or across any stream of water, water course, road or
highway, railroad or canal, or street, levee or alley, in any
city or town, which the route of its road shall intersect;
but the corporation shall restore the stream 01* water course,
road or highway, railroad or canal, street, levee or alley,
thus intersected, to its former state, or in a sufficient man¬
ner not to have materially impaired its usefulness. ^ When¬
ever the route of said railroad shall intersect any road or
87
highway, railroad, street, levee or alley, the said corpora¬
tion shall have power to change the line or grade of same,
if such change be desirable, and shall not impair their use¬
ful ness; and said corporation may take such additional
lands or real estate, for the construction of such road, high¬
way, railroad, street, levee or alley, or water course, as may
be deemed requisite by said corporation. Unless the land
so taken shall be voluntarily given, compensation therefor
shall be ascertained in the manner as provided in the
original charter, the several amendments thereto, and also
this amendment, as nearly as may be, and duly made by
the said corporation to the owner or persons interested in
such lands, the same, when so taken, to become part of
such intersecting road, highway, railroad, canal, street or
alley, or water course, in such manner and by such time as
the adjacent parts of the same highway, railroad, road,
street or alley, may be held for highway or other purposes.
Sec. 5. That in all proceedings had or hereafter to be had
for right of way or condemnation of real estate, for any
purpose, to the use of said railroad corporation, after any
assessment or non-assessment of damages in the premises,
by commissioners or appraisers, and any appeal, or other
proceedings in the premises, by either party, the said com¬
pany may proceed with their enterprise, if they will give
bond and security, in a sufficient amount, to be approved
by the clerk of the circuit court of the proper county, con¬
ditioned to pay to the owner or owners of such real estate
all costs and damages that may thereafter be legally taxed
and assessed in the premises against said corporation.
Sec. 6. Whenever any real estate or securities of any
kind shall or may be mortgaged or pledged to said corpo¬
ration, to secure the payment of any debt due or to become
due to them,, they shall be and are hereby authorized to
purchase, take and hold the said real estate or securities,
and to acquire the same by contract, or purchase or sale,
made in pursuance of any judgment at law or any decree
of a court of equity, or otherwise, and also to purchase and
hold such other real estate as may be deemed necessary for
88
the interest of said corporation, and shall, also, he author¬
ized to sell and convey, by deed, in fee simple, all lands,
town lots or other.real estate belonging to or accpiired by
said corporation, or which may hereafter be acquired by
purchase, donation or otherwise, which, in the judgment of
its board of directors, is not needed for the purposes of
said corporation. And in all sales, deeds of trust, or mort¬
gages of real estate by said corporation, the conveyances
shall be made in the corporate name thereof, signed and
acknowledged by the president, under the seal of the cor¬
poration, and attested by the secretary thereof.
Sec. 7. The provisions of an act entitled an "Act sup¬
plemental to an act entitled 4 an act to provide for a
general system of railroad incorporations,'" approved
^November 6th, 1849, and also of 44 An act to facilitate the
construction of railroads," approved March 1, 1854, are
hereby declared and made applicable to each and every
town now incorporated, or that may hereafter be incorpo¬
rated, situated at either end or on the line of the Jackson¬
ville, Alton and St. Louis Railroad, or within two miles
thereof, as the same has been heretofore surveyed or may
hereafter be surveyed and located; and the corporate
authorities of any such town may order an election
or elections to be held in such town, by the legal voters
thereof, upon the question, whether the town, in its
corporate capacity, will or will not subscribe to the capital
stock of 44 The Jacksonville, Alton and St. Louis Railroad
Company," any sum not exceeding twenty live thousand
dollars. And in case any such election shall be held the
same shall, be conducted as the town elections. And if at
any such election a majority of the voters voting shall be
in favor of making such subscription, the provisions of the
two acts recited in this section, and also of all other general
laws relating to subscriptions by counties or cities to the
capital stock of railroad companies, shall apply to and
govern the corporate authorities of such town in making
such supscriptions, so far as the same is applicable, and in
all the subsequent proceedings relating thereto, and the
rights of such town against said company shall be the
89
same, with the like remedies to enforce such rights, as the
rights and remedies of counties in cases of county sub¬
scriptions.
Sec. 8. The said corporation are hereby authorized'to
make and issue preferred stock, guaranteeing such a rate
of interest, not exceeding eight per cent, per annum, or
with such priority over the remaining stock of such
corporation, in the payment of dividends, as the directors
of said corporation may determine. And the said hoard of
directors may make such by-laws and regulations, necessary
to give and secure to each original stockholder in said
corporation a free pass over the said road, when completed,
so long as such person may continue the bona fide owner of
such original stock: Provided', that no free pass shall be
issued to any such stockholder unless he is the owner of at
least live shares of said capital stock.
Sec. 9. Said corporation may maintain suits against
stockholders for non-payment of capital stock, or for any
other demands or claims against other persons, in any county
through which their road passes; and no stockholder or
other person interested in the affairs of said corporation
shall be incompetent to testify as a witness, or act in any
ministerial capacity in any proceeding, legal or otherwise,
where the said corporation may be a party.
Sec. 10. The said corporation is hereby authorized,
from time to time, to borrow such sum or sums of monev,
7 */ '
on the credit of the corporation, as may be necessary for
completing, furnishing or operating their said railroad, or
for any other purpose connected therewith, at a rate of
interest not exceeding ten per cent, per annum, payable
semi-annually or annually, and may execute bonds there¬
for, with interest coupons thereto annexed, and secure the
payment of the same, by mortgage or deed of trust on the
whole or any part of their said railroad and corporate
property, franchises and income of said corporation, then
existing, or thereafter to be acquired, and may annex
to said mortgage bonds the privilege of converting the same
into the capital stock of the corporation, at par, at the option
90
of the holders, if such election he signified, in writing, to the
corporation, at any time not exceeding five years from the
date hereof. The said bonds and interest may he made
payable, either "within or without this State; and if the
payment of the moneys thereby secured shall he afterwards
enforced by a sale of the property thus conveyed by mort¬
gage or deed of trust, such sale shall convey to the pur¬
chaser or purchasers the right to hold and exercise the said
franchises as fully as the same right was possessed by said
corporation ; and in any case where the rolling stock, equip¬
ments or other personal property of said corporation, or
any part thereof shall be included in any mortgage or deed
of trust, as aforesaid, the said mortgage or deed of trust
shall be acknowledged by the said corporation in the same
manner, and recorded, as provided bylaw, shall be as bind¬
ing upon the said corporation and have the same force and
etfect, in every respect, as if the same were upon real estate
alone, any law of this State to the contrary notwithstanding.
Sec. 11. That the directors of said corporation be and
they are hereby authorized to negotiate and sell the bonds
of the said corporation at such time and in such places,
either within or without this State, and at such rates and
for such prices as, in their opinion, will best advance the
/interest of the corporation; and if such bonds are thus
negotiated or sold at a discount below their par value, such
sale shall be as valid and binding on the company, in every
respect, as if they were sold or deposited at their par value.
Sec. 12. That the said corporation, in securing the pay¬
ment of said bonds, by a mortgage or deed of trust on the
road, property, franchises and income of the corporation,
shall have power to execute a mortgage or deed of trust
aforesaid, to secure the payment of the full amount of
bonds which the corporation may at the time of said mort¬
gage or deed of trust bears date, or at any time thereafter,
desire to sell and dispose of, and may execute and sell, from
time to time, such amounts of said bonds and of such dates
and payable to such persons as the directors of said corpo¬
ration may deem advisable, till the whole amount of bonds
91
mentioned in sucli mortgage or deed of trust is executed
and sold; and the said mortgage or deed of trust shall he
as valid and effectual to secure the payment of the bonds
so executed and sold and every part' thereof, as if the same
and every part thereof had been executed of even date
with the said mortgage or deed of trust.
Sec. 13. That in all cases where subscriptions of stock
and the bonds for same have been issued and delivered to
said corporation by any county of this State, in pursuance
of a vote of such county thereof—all of which said sub¬
scriptions, bonds and all other proceedings therein, are
hereby declared legal and valid; and in such subscriptions
by counties, incorporated cities or towns, past or prospect¬
ive, it shall he the duty of the county court of each county
and the corporate authorities of each city or town, respect¬
ively, and they are hereby directed and authorized to levy
a sufficient tax to pay promptly the interest and principal,
as the same matures and becomes due, on all the bonds
which may have been heretofore issued, or may be hereafter,
for said stock; which tax shall he collected in the same
manner and at the same time as the taxes are collected for
other purposes, and shall remain in force until said bonds
are all paid off and discharged; and said tax may, from
time to time, he increased 01* diminished so as to produce
sufficient funds for the payment of said interest and prin¬
cipal of said bonds. And the said county, city or town
authorities shall also be empowered to purchase and cancel
any of said bonds at any time when there may be funds in
the treasury, not otherwise appropriated, at such prices as
they deem consistent with the best interests of the coun¬
ties, cities and towns, respectively. And all the counties
through which the survey and location of the railroad of
said corporation passes, are hereby authorized and empow¬
ered, in their corporate capacity, to subscribe and take such
additional stock, not exceeding one hundred thousand dol¬
lars, in the capital stock of the Jacksonville, Alton and St.
Louis Railroad Company, as a majority of the legal voters
voting may determine at any election or elections which
may be held for that purpose, as provided b}- law.
92
Sec. 14. In everv case where an election shall he held
by or in any county, city or incorporated town, situated on
or near the route of said railroad, as the same has been or
may hereafter be surveyed and located, in whole or in part,
between Jacksonville and Illinoistown, upon the question
whether such county, city or town shall subscribe for any
specified amount in shares of the capital stock of said
company, said election shall be legal and binding upon such
county, city or town, if notices thereof are given and the
election is conducted in the mode prescribed in an act enti¬
tled "An act supplemental to an act entitled ' an act to
provide for a general system of railroad corporations,'"
approved November 6, 1849, or in the mode prescribed in
any general law of this State, relating to the same subject,
or in the mode prescribed in any of the acts amendatory
of the charter of said company; and if a majority of the
votes cast at any such election shall be "for subscription,"
it shall be the duty of the county court, or the corporate
authorities of such city or town, to subscribe, without
unnecessary delay, upon request of said company, for
shares of said capital stock to the amount so voted, and to
issue and deliver to said company the same amount as the
stock so subscribed of the bonds of such city, county or
town, as the case may be, payable at any time specified, in
not exceeding twenty years from their date, with annual
or semi-annual coupons, for not exceeding ten per cent,
interest per annum, thereto attached, which bonds and
coupons may be made payable, either within or without this
State, as said company may request; and all the provisions
of the above mentioned act, approved November 6, 1849,
which are not inconsistent with the provisions of this act
and of the other acts amendatory of the charter of said
company, shall apply to and govern every election referred
to in this section, and the subscribing for stock and issuing
of bonds, by virtue of such election, and all other matters
relating to such elections and the proceedings thereunder
or by virtue thereof.
Sec. 15. The said company shall carry and transport
the mails of the United States on such terms as may be
93
agreed upon, and all such freights and passengers as may¬
be offered, if required so to do, ou the terms usual with
like railroad companies.
Sec. 16. In all cases where the principal or interest of
any county bond, issued to said company, by virtue of a
vote of the legal voters of such county, is made payable in
the city of Yew York, such bond shall not 011 that account
be deemed invalid, but the principal and interest shall be
deemed payable in such bond as specified.
Sec. 17. This*act shall be deemed a public act, and shall
be so received and taken notice of in all courts and places,
and shall take effect and be in force from and after its
passage.
Approved February 14, 1859.
AN ACT snrrenderinf/ title and interest of State in the
track of a certain railroad to certain 2)ersons, for
railroad purjwscs, therein named.
Section 1. Be it enacted by the people of the State of Illi¬
nois, represented in the General Assembly, That the State of
Illinois hereby surrenders to William Shepherd, Castle It.
Harrison and George I\. Stockcr, for the use of the Jack¬
sonville, Alton and St. Louis Railroad Company, to be
used for the purpose of said railroad, and for 110 other
purpose, all the right, title or interest she has in the track,
grade, right of way, or other privileges or appurtenances
of, in or belonging to, so much of the Alton and Springfield
Railroad as lies between the St. Louis, Alton and Chicago
Railroad, in township five north, range ten west of the
third principal meridian, extending through the town of
Upper Alton, to the eastern limits of the city of Alton, in
Madison county; and the said William Shepherd,' Castle
R. Harrison antfGeorge R. Stocker, for the use aforesaid,
and for the purposes aforesaid, are hereby authorized to
take, use and enjoy all such rights, interests, claim or
94
demand of this State in the work or material of that part
of the road above described, as is now belonging1 or apper¬
taining to the State.
Sec. 2. This act sliall be in force from and after its
passage.
Approved February 21, 1850.
\ *< 7
ACT to amend an act entitled "An act to construct
a railroad from Jacksonville■, in Morgan count}), to
Alton, in Madison county," approved February 18,
18819 and other acts amendatory thereto.
Section 1. Be it enacted by the 'people of the State of Illi¬
nois, represented in the General Assembly, That the Jackson¬
ville, Alton and St. Lonis Railroad Company, in addition
to the powers granted by the act to which this is an amend¬
ment, as well as the amendments, approved February 11,
1853, February 27, 1854, February 7, 1857, and February
14, 1859, is hereby authorized and empowered to take and
receive in payment, from the subscribers to the capital
stock of said company (either for subscriptions heretofore
made or which may be hereafter), money, labor, materials,
cars, locomotives or other property, either real or personal,
for the use of said railroad, or which, in the opinion of the
board of directors, may be sold, exchanged or converted to
such use; and the said railroad company is hereby vested
with full authority to sell, convey, exchange or dispose of
any such property so received; and all such transactions
and payments of stock, heretofore made to said company,
are hereby declared legal and valid.
Sec. 2. The said company is hereby authorized to
receive subscriptions to its capital stock, payable in either
real or personal property; and all such subscriptions, here¬
tofore made, are hereby declared legal and valid; and on a
failure, neglect or refusal of any subscriber, his heirs,
executors or administrators, to make such payment or
comply with the condition thereof, the said company may
proceed by suit, in any court having competent jurisdiction
thereof, and recover the amount or value thereof in money;
and the said company is hereby authorized and empowered
to receive subscriptions to its capital stock, payable at any
time hereafter, either when the entire road is in operation
or any part of it, or at any time thereafter, and may receive
notes or bonds for the same, and also such security, either
real or personal, with or without interest, as may be agreed
upon. The notes, bonds or other security, as hereby pro¬
vided for, may be assigned or transferred by said company;
and such assignment or transfer shall vest in the assignee
or assigns the legal title thereto.
Sec. 3. The said railroad company shall have power to
extend and unite its railroad with any other railroad now
constructed or which may hereafter be constructed in this
State; and, for that purpose, full power is hereby given to
said company to make and execute such contracts with any
other company as will secure the objects of such connec¬
tion; and, for the foregoing purposes, of extension, shall
possess and exercise all the privileges, immunities and
franchises, and enjoy all the rights granted by this act and
the act to which this is an amendment and the several
amendments thereto.
»
Sec. 4. All thd provisions in this act, also the act to
which this is an amendment, and the several amendments
thereto, relating to county courts, shall apply to and govern
the board of supervisors in any county where township
organization may exist or hereafter be adopted; and in all
cases, when bv the terms of the act to which this is an
amendment and the several acts amendatory thereto, it is
made the duty of the county courts to do and perform any
act or acts, the same shall be binding upon any such board
of supervisors, and shall be done and performed by them
to the same extent and in like manner, so far as practicable,
as the said county courts are required to do.
Sec. 5. This act shalbbe deemed a public act, and shall
be so received and taken notice of in all courts and places,
and shall take effect and be in force from and after its
passage.
Approved February 20, 18G1.
AN ACT to incorporate the Tonica and Petershart/ Ilail-
road Com pa a p.
Section 1. Be it eroded by the people of the State of Ill¬
inois, represented in the General Assembly, That Albert
Reynolds, Elijah A. Earnsworth, Jesse Hammers, Henry B.
Green, John Bennett, "William G. Green, William Crow,
Josiah Sawyer, and Richard Yates, and their associates,
successors and assigns, are hereby created a body politic
and corporate, under and by the name and style of "The
Tonica and Petersburg Railroad Company," with perpetual
succession, and by that name and style shall be and are
hereby made capable, in law and in equity, to sue and be
sued, plead and be impleaded, defend and be defended, in
all courts of law and equity in this State or elsewhere, to
make, have and use a common seal, and alter the same at
pleasure; and by that name and style shall be capable in
law of taking, holding, purchasing, leasing, selling and
conveying estate and property, real, personal and mixed, so
far as the same may be necessary for the purposes herein¬
after named, and not further; and shall be and are hereby
vested with all the powers, privileges and immtmities
which may be necessary to carry into effect the objects and
purposes of this act.
Sec. 2. The said company shall have power and
authority to locate, and from time to time to alter, change,
relocate, construct, reconstruct, finish, maintain and operate
a railroad, with one or more tracks, commencing at a point
at or near Tonica, on the Illinois Central Railroad, running
thence through Magnolia, in Putnam county, Lyons and
Mantua, in Marshall county, Metamora, in Woodford
county, Tremont and Delevan, in Tazewell county, Peters¬
burg, in Menard county, at or near Crow's Point, in Cass
county, and terminating at Jacksonville, in the county of
Morgan, upon the most eligible route to be by said company
selected; and for the purpose of constructing the said rail¬
road, said company shall have power to lay out and
97
establish their said road in width not exceeding one
hundred feet through the entire length thereof; and for
the purpose of constructing bridges, dams, embankments,
excavations, spile-banks, engine houses, depots, stations,
grounds, machine shops, turn-tables, turn-outs, and all
other buildings and fixtures necessary and suitable for the
construction, altering, maintaining and operating said road,
and also for obtaining necessary stone, gravel and sand,
the said company may take, use and occupy all necessary
lands upon either side of said road.
Sec. 3. The said company shall have power to take and
hold all such voluntary grants and donations of lands and
real estate as may be made to said,company, to aid in the
construction, maintenance and accommodation of said
road, and to take and receive grants and conveyances of
any and all estate therein to said company and their
successors in office, or assigns in fee or otherwise; and that
the right of way and the real estate purchased for the right
of way for said company, whether by mutual agreement or
otherwise, or which shall become the property of the
company by operation of law, as in this act provided,
shall, upon the payment of the amount of money belonging
to the owner or owners of said lands as a compensation for
the same, become the property of said corporation in fee
simple.
Sec. 4. The said company are hereby authorized by
their engineers, agents and surveyors to enter upon any
lands for the purpose of making the necessary surveys and
examinations of said road, and to enter upon and take and
hold all lands necessary for the construction of said road;
and all such lands as may be required in the construction
of bridges, dams, embankments, excavations, spile-banks,
turn-outs, depots, engine houses, shops, turn-tables, and
other necessary improvements or buildings, first making
just compensation to the owners or occupiers of said lands
for damages that may arise to them from the appropriation
thereof to the uses aforesaid; and in case said company
shall not be able to obtain the title to the lands required
for .such uses by purchase or voluntary cession, the said
o
i
98
i •
company arc hereby authorized to proceed to ascertain and
determine the damages sustained by such owners or
occupiers, and obtain right and title to said lands in the
manner and upon the principles provided in "An act to
amend the law condemning right of way for purposes of
internal improvement," approved June 22, 1852; or, in
the manner and upon the principles provided by any other
act that may have been or may hereafter he passed by the
General Assembly of the State of Illinois, to enable
railroad companies to appropriate lands for the purposes
aforesaid.
Sec. 5. The said board of directors shall have power
and authority to provide, in their by-laws, if they in their
discretion shall think proper to do so, for the construction
of said road by divisions; and in such case, it may be
lawful for the subscription of the stock to be taken and
subscribed for either of the said divisions, or for the whole
of the said road, as those taking and subscribing for the
same may deem proper; and in the event that the whole or
any portion of said stock be taken and subscribed for, by
divisions, the amount yf stock so taken and subscribed
shall be applied and expended in the construction of that
particular division for which the same v a* taken: Provided,
That should the amount raised for any division be a
surplus, or more than will be required for the construction
of said division, such surplus shall go to the whole road as
an entire road, and may be appropriated in such manner
and at such places on the road as the company may decide.
Sec. 6. That all the rights acquired by, and all the
obligations incurred by an association heretofore formed
and organized for the purpose of constructing and operat-
. ing a railroad from a point at or near Tonica, on the Illinois
Central Railroad, to Petersburg, in Menard county, State of
Illinois, and known by the name of the Tonica and Peters¬
burg Railroad Company, are hereby made and declared of
legal effect, as though the said corporation had been consti¬
tuted a body politic and corporate1 by legal enactment and
organization thereunder, and that the said corporation shall
succeed to all the rights and obligations of the said asso-
I
99
ciation; and that the officers or directors of said association,
or person or persons claiming or having a rig]it to the
same, shall transfer, convey and deliver to said corporation
all moneys or property acquired by, or held to the nse of
said association; also all hooks, maps, profiles, and all
papers of every description pertaining to the same, to he
held and used hy the said corporation in carrying out the
provisions of this act. That all bonds, notes, contracts and
promises of every kind made with said association or its
officers or agents, in respect to said railroad, or its con¬
struction, shall inure to the benefit, of the said corporation,
and shall he binding: and effectual as if made with said
corporation; and all debts which may be due from the said
association, and all contracts or obligations to be performed
by it, shall be binding upon the said corporation as if such
debts, contracts and obligations had been made originally
bv the same: Provided, that all the subscribers who have
«y 7
subscribed to the capital stock of the said association, shall
be deemed to be stockholders in the said corporation, to
the extent and in proportion to the amount so subscribed,
and shall be entitled to all the rights, and subject to all the
liabilities with other stockholders who shall hereafter sub¬
scribe to the capital stock of said corporation under and in
pursuance of the provisions of this act.
Sec. 7. The capital stock of said corporation shall con¬
sist of two millions of dollars, and may be increased by the
directors of said company to any sum necessary to com¬
plete and equip said road; and the same shall be subscribed
for, and taken under the direction of the board of directors,
at such times and places, and in such manner as the direct¬
ors shall from time to time direct. The said capital stock
shall be divided into shares of one hundred dollars each,
shall be deemed personal property, shall be liable to be sold
under execution, and shall be transferable in such manner
and at such places as shall be ordered by the board of
directors.
Sec. 8. All the corporate powers of said company shall
be vested in and exercised bv a board of directors of not
*7 i
more than nine or less than five, to be determined by the
TOO
stockholders, and to he chosen annual]}' by the stockhold¬
ers from among themselves; who shall hold their offices for
one year after their election, or until their successors are
tj '
elected and qualified. The time and manner of holding
the annual election for the election of directors shall he
fixed and determined by the by-laws of the company, and
at all such elections of directors each stockholder shall he
entitled to one vote for each share of stock bona fide held by
him, and may vote in person or by proxy. The said direct¬
ors shall have power to appoint all necessary clerks, secre¬
tary, and other officers or agents necessary in the transac¬
tion of the business of the hoard. The said directors, a
majority of whom shall constitute a quorum, shall elect one
of their own number to he the president of the company.
Sec. 9. In case of the death, resignation or removal of
7 o
the president or any director at any time between the an¬
nual elections, such vacancy may he filled for the
remainder of the year, whenever it may happen, by the
hoard of directors; and in case of absence of .the president,
the hoard of directors shall have power to appoint a presi¬
dent pro tear., who shall have and exercise all the powers of
the legal president of the company. And in case it shall
at any time happen that an election of directors shall not
have been made on the day on which it ought to have been
made, in pursuance of the provisions of this act, the said
corporation shall not, for that cause, be dissolved, but such
election shall be holden at such other time as shall be
directed by the by-laws of said corporation.
Sec. 10. The first board of directors of said company
shall consist of Albert Reynolds, Elijah N. Farnsworth,
.Jesse Hammers, Josiah Sawyer, Ilenry R. Green, John
Bennett, William G. Green, Wm. Crow and Richard Yates,
who shall hold their offices until the next annual election
of directors, or until their successors are elected and quali¬
fied. Said board of directors shall cause books to be opened
for subscription to the capital stock of said corporation at
such time and in such manner as they shall by' their by¬
laws direct.
101
Sec. 11. It shall be lawful for tlie directors to make
calls upon the sums subscribed to the capital stock of said
corporation, at sucli times and in such amounts as they shall
deem tit, giving at least thirty days' notice of each of s'aid
calls, in at least two newspapers published in the vicinity
of said road; and in case of any failure on the part of any
stockholder to make payment of any call made as aforesaid
hv the said directors, for sixtv davs after the same shall
have been made, the said board of directors are herein*
authorized to declare said stock so in arrears; and all sums
paid thereon shall he forfeited to the company, and said
company shall have the power and authority to institute
suit in any competent court, and recover judgment against
any such defaulting subscriber or subscribers for such
amount of said stock as he or she or they may be so in
arrears as aforesaid.
Sec. 12. The said company may transport upon said
railroad persons, merchandise and property, by the power
of steam, or of animals, or of any other power or combi¬
nation of powers, and may regulate the time and manner
in which goods, effects and persons may be transported on
the same, and may prescribe the manner in which said
railroad may be used, and the rate of toll for the transpor¬
tation of persons and property thereon, and for the storage
of merchandise and other property under their charge, and
shall have power to provide all necessary stock and mate¬
rials for the operation of said road, and to erect and main¬
tain all necessary depots and other buildings, and machinery,
for the accommodation, management and operation of said
road. The said directors shall have power to make all
necessary rules, regulations, ordinances and by-laws, which
they may deem necessary and expedient, to accomplish the
designs and purposes, and to carry into effect the provi¬
sions of this act.
Sec. 1-3. If any person shall maliciously, wilfully, or
wantonly, or shall negligently obstruct the passage of any
car, on said railroad, or upon any part thereof, or anything
belonging thereto, or shall damage, break or destroy any
102
part, of the said railroad, or implements, or buildings
belonging to the same, lie, she or they, or any person assist¬
ing, shall forfeit and pay said company, for every sneli
offense, treble the amount of damages that shall be proved
before a competent court has been sustained, and be sued
for in the name and behalf of said company; and such
offender or offenders shall be deemed guilty of a misde¬
meanor and shall be liable to indictment in the same manner
(as) other indictments are found in any county or counties
where such offense shall have been committed, and upon
conviction, every such offender shall be liable to a fine not
exceeding one thousand dollars, for the use of tlfe eountv
Co - %,
where such indictment maybe found, or shall be imprisoned
in the penitentiary not exceeding five years, or both, in the
discretion of the court before whom the same shall be tried.
Sec. 14. Said company is hereby authorized from time
to time to borrow such sum or sums of money as may be
necessary for completing and operating their said road, and
to issue and dispose of their bonds in denominations of not
less than five hundred dollars, for any amount so borrowed,
f /
and to mortgage their corporate property and franchise,
and convey the same by deed of trust, to secure the pay¬
ment of any debt contracted by the said company for the
purpose aforesaid; and directors of said company may
confer on any bondholders of any bonds issued for money
•borrowed, as aforesaid, the right to convert the principle due
or owing thereon into the stock of said company, at any
time not exceeding ten years from the date of the bond,
O *y J
under such regulations as the directors of said company
may see fit to adopt, and all sales of bonds for less than
their par value shall be good and valid and as binding upon
said corporation as if the same were sold for the lull
amount thereof; and said corporation may loan any surplus
funds, at such rate of interest as is now allowed upon any
money loaned by the laws of this State: Prodded, nothing
herein contained shall be so construed as to confer banking
privileges.
Sec. 15. The certificate of the secretary of said company,
under the corporate seal thereof, shall be received in all
108
courts of justice and elsewhere as evidence of the regular
organization of said company under its charter, and ot any
act or order of the hoard of directors of said company.
Sec. 16. That whenever it shall he necessarv for the
construction of said railroad to intersect or cross anv water
*
course, or any road or highway lying "between the points
aforesaid, it shall he lawful for the corporation to construct
their railroad across or upon the same: Pruritic!, that the
corporation shall restore the water course, or road, or high¬
way, thus intersected, to its former state, or in a sufficient
manner not to have impaired its usefulness. It shall he
lawful for the said company to unite with any other railroad
company which may have been, or hereafter may he, incor¬
porated by this State, and to grant to any company or
companies the right to construct and use all or any portion
of the road lierebv authorized to he constructed; also, the
%/ ' '
right to sell, lease or convey the same to said company or
companies, or consolidate its stock therewith, and place the
management and control of the, same under such hoard of
directors upon "such terms as may he mutually agreed
upon by the said railroad companies.
Sec. 17. The said corporation shall have power to con¬
struct a northern extension of said road to Ottawa, and in
the event of the extension of said road to Ottawa, the said
corporation shall not he compelled to construct that part
of the road provided for in the second section of this act,
which lies between Tonica and Magnolia, unless said corpo¬
ration shall, in their discretion, see proper so to do, hut
shall have power to run said road on the most eligible route
between Magnolia and Ottawa, crossing the Illinois Central
' 7 O
Kail road either at Tonica or at apoint on said Illinois Central
Kailroad south of Tonica, as said company may deem most
for the interest of said road; said corporation shall also
have the power to construct a branch of said road from
Petersburg to Xew Berlin, on the Great AVestern road, and
also a southern extension of said road from Jacksonville in
the direction of Waverly and Carlinville to such point on
the said Illinois Central Kailroad, as the said corporation
104
may hereafter determine; said extension and branches to
be constructed in every respect according1 to the provisions,
requirements and limitations of this act.
Sue. 18. This act is hereby declared to be a public act, and
shall be in force from and after its passage; and said com¬
pany shall commence its work in live years and complete
the same in ten years after the passage of this act.
Approved Jan. 15, 1857.
AN ACT supplemental to an act to incorporate the Tonica
and Petersburg Railroad Company.
*
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, That in all cases
where subscriptions have been or shall he made to said
company by any county of this State in pursuance of a vote
of the county, all which are hereby declared legal and
valid, it shall be the duty of the county court of each
county, respectively, to levy a sufficient tax to pay the
interest on the bonds to be issued for said stock, which tax
shall remain in force until said bonds are paid off and dis¬
charged, and said tax may from time to time be increased
or diminished so as to produce sufficient funds for payment
of said interest. That the votes given at the last general
election holden on the 4th day of November, a. d. 1856, bv
c/ J J *J
the counties of Morgan and Menard, in favor of subscrip¬
tions to the capital stock of said company, he and the same
are hereby declared of legal effect, and that the clerks of
the county courts of such counties be authorized and
required to issue their bonds to said company, in the
manner and upon the terms set forth in the election notices
and other proceedings of said county courts in relation
thereto.
Sec. 2. That if the citizens of "Washington, in Tazewell
county, shall, on or before the first day of March, a. d.
1857, subscribe, within said town of Washington, not less
105
than the sum of fifteen thousand dollars in good responsible
subscription to the capital stock of said company, and
secure free of expense to said company the right of way
through said town of "Washington, and also ground for a
passenger house at such point as the said road shall cross
the Peoria and Oquawka Eastern Extension Railroad, free
of.expense to said company, and also depot grounds, within
three-eighths of a mile of said crossing, free of expense to
said company, then the said road shall be located through
the said town of Washington.
Sec. 3. That the county court of each county which
may, by a vote of said county, have subscribed, or may
hereafter subscribe, to the capital stock of said company, is
hereby authorized to make the interest 011 the bonds of sub¬
scription aforesaid payable at such place or places as the
said county courts, respectively, may order and determine.
Sec. 4. The said corporation shall have the power to
construct a branch of said railroad from some point thereon
between Magnolia and Ottawa to some point in the town of
Morris, in the county of Grundy, said points to be fixed by
said corporation, with spurs to said branch running to the
coal beds on the Vermillion river, which said branch and
spurs shall be constructed under the provisions of the
original act to which this is a supplement; and said corpo¬
ration shall have all the powers, privileges and advantages
(and be liable to all the regulations, liabilities and disabili¬
ties), in constructing and managing said branch and spurs
as are imposed upon and granted said company by said
charter in constructing the main trunk of said railroad.
Approved Feb. 1(3, 1857.
A X A CT to amend "An act to incorporate the Ton tea and
Petersburg ltailroad Company," approved January
1A, lSe>7, and also to amend " An act supplemental to
an act to incorporate the Tonica and Petersburg Pail-
road Com pang, approved February Hi, 1857.
Section 1. Be it enacted by the 'people of the State of
Illinois, represented, in the General Assembly, That said corpo-
106
ration is authorized to receive subscriptions to its capital,
stock, payable at any time and in any manner, and at any
/ l •' « «' * «
rate of interest, not exceeding ten per cent, per annum,
which may he agreed upon by said corporation and the
subscribers to the capital stock thereof.
Sec. 2. The provisions of "An act supplemental to an
act entitled 4 an act to provide for a general system of
railroad incorporations,'" approved Xov. 6, 1840, and also
of " An act to facilitate the construction of railroads,"
approved March 1, 1854, are hereby declared and made
applicable to each and every town now incorporated, or that
may hereafter he incorporated, situated on or near the line
of "The.Tonica and Petersburg Railroad," and the corpo-
rate authorities of any sucli incorporated town may order
an election or elections to be held in such town, bv the
legal voters thereof, upon the question whether the town,
in its corporate capacity, will or will not subscribe to the
capital stock of "The Tonica and Petersburg Railroad"
any sum not exceeding fifty thousand dollars. And in case
said election shall be held, the same shall be conducted as
other town elections; and if [at] any such elections, a
majority of the voters voting shall be in favor of making
such subscription, all the provisions of the two acts recited
in this section, and also of all other general laws relating to
/ Cu eg*
subscriptions by counties to the capital stock of railroad
companies, shall apply to and govern the corporate authori¬
ties of such town in making such subscription, and in all the
subsequent proceedings relating thereto; and the rights of
such town against said corporation shall be the same, with
the like remedies to enforce such rights, as the rights and
remedies of counties in cases of county subscription.
Sec. 3. That any township now or hereafter organized
under the township organization laws of this State, which
may be situated on or near the route of the Tonica and
Petersburg Railroad, or of any branch of said road, is hereby
authorized to subscribe to the capital stock of said company,
in any sum not exceeding fifty thousand dollars for each
township.
107
Sec. 4. Xo such subscription shall be made until tbe
question lias been submitted to tbe legal voters of tbe
township in which the subscription is proposed to be made,
and the clerk of each of said towns (in which the subscrip¬
tion is proposed to be made) is hereby required, upon the
presentation to him of a petition signed by at least twenty
citizens, who. are legal voters and tax payers of the town of
which he is clerk (in which petition shall be specified the
amount proposed to be subscribed, the time which the
bonds proposed to be issued are to run, and the interest
which said bonds are to bear), to post up notices in at least
three of the most public places of said town, which
notices shall be posted at least thirty days before
the dav of holding such election, notifying the
*j O 7 %J O
legal voters to meet at the usual place of voting, or
some other convenient place in said town, for the purpose
of voting for or against subscription ; but no such vote
shall be taken except at a regular election for town or
county officers.
Sec. 5. If it shall appear that a majority of all the-
voters voting at such election have voted for subscription,
it shall be the duty of the supervisor of each of said towns
that shall vote for such subscription to subscribe to the
capital stock of said railroad corporation, in the name of
the town for which he is supervisor, the amount so
voted to be subscribed, and to receive from said corporation
the proper certificates therefor. lie shall also execute to
said corporation, in the name of said town, bonds in con¬
formity with said vote, which bonds shall specify the place
of payment, and shall in no case bear interest at a higher
rate than ten per cent, per annum, and shall run for a term
of not less nor more than twenty years, and the interest on
the same shall be made payable annually or semi-annually,
ami which said bonds shall be accepted by said corporation at
their par value. Said bonds shall be signed by the super¬
visor and attested by the clerk of the town in whose name
the bonds are issued, and it shall be the duty of said clerk
to make a record of the issuing such bonds. Said bonds
108
shall 1)0 delivered to tlio president or secretary of said
corporation, for the use of said corporation.
Sec. 6. It shall be the duty of the clerk of each of said
«v
towns in which a vote is given for subscription, within ten
davs thereafter, to transmit to the county clerk of the
«' V
county in which said town is situated a transcript or
statement of the vote given and the amount voted to be
subscribed, and the rate of interest named in the bonds, and
the times of payment of said interest.
Sec. 7. It shall be the duty of said countv clerk, annually
U 1/ 7 #/
thereafter, to compute and assess upon all the taxable
property returned by the assessor of each of said towns
which have voted to subscribe, a sufficient sum to pay the
interest on all bonds issued by the respective towns, which
taxes shall be extended on the collectors' books, as other
taxes are, and shall be collected in the same manner that
other taxes are collected, and, when collected, shall be paid
into the treasury as county taxes are paid.
Sec. 8. It shall be the duty of said treasurer of the
county in which said town is situated, to pay out, on the
presentation to him of the bonds issued by any town, as
aforesaid, the amount due on each of said bonds as interest,
out of any money in his hands for that purpose, and receive
the interest coupons then due and paid by liini, or other
sufficient vouchers; he shall also keep an account with each
town of all money received by him and paid out on account
of said town, which account shall at all times be open to
the inspection of all persons wishing to examine the same.
Sec. 9. At all elections for officers or other questions
voted upon by the stockholders of said corporation, the
supervisor of each town making such subscription shall
represent and east the vote which said stock is entitled to.
Sec. 10. The supervisor of each town voting for sub¬
scription, as aforesaid, is hereby authorized to issue and
deliver to said corporation the whole of the bonds payable
on its subscription, whether the assessments on the other
stockholders of said company have been regularly assessed
and made payable or not, and said bonds, both principal and
I
to#
interest, may be made payable at any place within or
without this State, in conformity with the vote that shall
have been taken.
Sec. 11. That in all cases where subscriptions of stock
have been made to the said corporation by any county of
this State, or shall hereafter be made to said corporation by
any county, city or incorporated town, it shall be the duty
of the county court of each county and of the corporate
authorities of each city and incorporated town, respectively,
and they are hereby directed and authorized to lew a
t/
sufficient tax to pay the interest and principal as the same
matures and becomes due on all the bonds which mav have
been heretofore issued or may be hereafter issued for said
stock, which tax shall be collected at the same time and in
the same manner as the taxes are collected for other
purposes, and shall remain in force until said bonds are paid
off and discharged. And sad tax may, from time to time,
be increased or diminished so as to produce sufficient funds
for payment of said interest and principal of said bonds.
And the said county, city or town authorities shall also be
empowered to purchase and cancel any of said bonds at any
time when there mav be funds in the treasury not other-
wise appropriated, at such prices as they deem consistent
with the best interests of the county, city or town,
respectively.
Sec. 12. In everv case where an election shall be held
by or in any county, city or incorporated town, situated on
or near the route of said railroad, as the same has been or
may hereafter be surveyed and located in whole or in part,
upon the question whether such county, city or town shall
subscribe for any specified amount in shares of the capital
stock of said corporation, said election shall be legal and
binding upon such county, city or town, if nofices thereof
are given and the election is conducted in the mode pre¬
scribed in an act entitled "An act supplemental to an act
entitled 'an act to provide for a general system of railroad
incorporations,"' approved November 6, 1849, or in the
mode prescribed in any general law of this state relating to
110
the same subject. And if a majority of the votes cast at
any such election shall be for subscription, it shall be the
duty of the county court or the corporate authorities of such
city or town to subscribe, without unnecessary delay, upon
the request of the president of said corporation, for shares
of said capital stock to the amount so voted, and to issue
and deliver to said company the same amount as the stock
so subscribed of the bonds of said county, city or town (as
the case may be), payable at any time specified, not exceed¬
ing twenty years from their date, with annual or semi¬
annual coupons for not exceeding ten per cent, interest per
annum thereto attached, which bonds and coupons may be
made payable either within or without this State, as said
corporation may request; and all the provisions of the above
mentioned act, approved Xovcmber 6, 1849, which are
not inconsistent with the provisions of this act, shall apply
to and govern every election referred to in this section, and
the subscribing for stock and issuing of bonds by virtue of
such election, and all other matters relating to such election
and the proceedings thereunder or by virtue thereof.
Sec. 13. The said company shall carry and transport the
mails of the United States on such terms as may be agreed
upon, and all such freights and passengers as may be offered,
if required so to do, on the terms usual [with] like railroad
corporations.
Sec. 14. The said corporation is hereby authorized to
sell and convey, by deed, in fee simple, all lands, town lots,
or other real estate belonging to or acquired by said corpo¬
ration, or which may hereafter be acquired by purchase,
donation or otherwise, which, in the judgment of its board
of directors, is not needed for the purposes of said corpora¬
tion. And in all sales, convevances, deeds of trust or
mortgages of real estate by said corporation, the conveyances
shall be made in the corporate name thereof, and acknowl¬
edged by the president, under the seal of the corporation,
and attested by the secretary thereof.
Sec. 15. The said corporation arc hereby authorized to
make and issue a preferred stock, guaranteeing such a rate
Ill
of interest, not exceeding ten per cent, per annum, and with
such priority over the remaining stock of such corporation
as may he directed by the board of directors of said corpo¬
ration. And the said directors may cause subscription books
for same to be opened at such times and places as they may
direct, which shall be governed by the same rules, regula¬
tions and liabilities as provided heretofore in the original
charter of said corporation, and the several amendments
thereto, or by any by-laws or regulations which may be
adopted or directed by the said directors. And the said
board of directors may make such by-laws and regulations
necessary to give and secure to each original stockholder in
said corporation a free pass over the said railroad, when
completed, so long as such person may continue the bona
fide owner of such original stock : Prowled, that 110 free
pass shall be issued to any such stockholder, unless he is
the owner of at least live shares of said capital stock.
Sec. 10. The said corporation is hereby authorized to
borrow such sums of money on the credit of the corporation
which may be necessary for constructing, finishing or oper¬
ating their said railroad, or for any other purpose connected
therewith, at a rate of interest not exceeding ten per
cent, per annum, payable semi-annually or annually, and
may execute bonds therefor with interest coupons annexed,
and secure the payment of the same by mortgage or deed
of trust 011 the whole or any part, or any division, of said
railroad and corporate property, franchises and income of
said corporation, then existing or thereafter to be acquired;
the said bonds and interest may be made payable either
within or without this state; and if the payment of the
moneys thereby secured shall be afterwards enforced by a
sale of the property thus conveyed by mortgage or deed of
trust, such sale shall convey to the purchaser the right to
hold and exercise the said franchises as fully as the same
right was possessed by said corporation.
Sec. 17. That said corporation shall have the power to
execute a deed of trust or mortgage on the property, road
and income of the company, or upon any division or part
112
thereof, to secnre the payment of such amount of bonds as
may be deemed necessary to be issued by the board of
directors of said corporation, for the purposes of the road,
and said corporation shall have power to execute and
sell and dispose of said bonds, at the time said deed of trust
or mortgage bears date, or shall have power to execute said
bonds and sell the same, in whole or in part, from time to
time, and of such dates subsequent to said deed of trust or
mortgage, and payable to such person or persons as to said
corporation shall seem advisable, till the whole amount ot
bonds mentioned in such deed of trust is executed and sold;
and the said mortgage and deed of trust shall be as valid
and efficient to secure the payment of the bonds so executed
and sold, and of every thereof, as if the same and every
part thereof had been executed and sold with even date with
the said deed of trust or mortgage.
o o
Sec. 18. That whenever the said railroad shall intersect
any .road, railroad, highway, street or alley, the said cor¬
poration shall have power to change the line or grade of
the said road, railroad, highway, street or alley, so inter¬
sected, if such change be desirable, and shall not impair the
usefulness of such road, railroad, highway, street or alley thus
intersected, and said corporation may take such additional
lands as may be necessary for the change of said road,
highway, street or railroad, making compensation therefor
as in other cases: Provided, that in case of intersection with
any railroad now incorporated, no change of line of such
railroad, so intersected, shall be had, except with the con¬
sent of the company so intersected, or in case of disagree¬
ment, by the direction and award of arbitrators mutually
chosen, one of whom shall be selected by each company,
and the third chosen by the two thus chosen.
Sec. 19. That in all proceedings had or hereafter to be
be had for right of way or condemnation of real estate, for
any purpose of said railroad, after any assessment or non-
assessment of damages in the premises, by commissioners,
and any appeal or other proceedings in the premises by
either party, the said corporation may proceed in the con¬
struction of the said railroad over and upon said real estate,
113
upon giving bond and security in a sufficient amount, to be
be approved by the clerk of the circuit court of the proper
county, conditioned to'pay to the owner or owners of such
real estate all costs and damages that mav hereafter be
C?
legally taxable and assessed in the premises against said
corporation.
Sec. 20. Said corporation may maintain suits against
stockholders for non-payment of capital stock in any county
through which said road passes, and no stockholder or
other person interested in the affairs of said corporation
shall be incompetent to testify as a witness or serve in any
material capacity in any proceedings, legal or otherwise,
where said corporation may be a party.
Sec. 21. This act shall be deemed a public act, and in
force from and after its passage.
Approved February 14, 1859.
AX ACT to amend an act entitled (i An act to -incorporate
the Petersburg and Tonica Hail road Company
Section 1. Be it enacted by the people of the State of Illi¬
nois, represented, in the General Assembly, That said company
is hereby authorized to receive subscriptions to its capital
stock, payable in either real or personal property; and such
subscriptions, heretofore made, are hereby declared legal
and binding; and, on a failure, neglect, or refusal of any
such subscriber, his heirs, executors and administrators, to
make such payment, or comply with the conditions thereof,
the said company may proceed, by suit, in any court hav¬
ing competent jurisdiction thereof, and recover the amount
in value so subscribed.
Sec. 2. And the said company is hereby authorized and
empowered to receive subscriptions to its capital stock, pay¬
able m money, work, labor, materials, equipments, or any
other kind of property, real or personal, at any time there¬
after, either when the entire road is in operation or any
JO
114
part of it, or at any time thereafter, and may receive notes
or bonds for the same, and such security, either real or per¬
sonal, and with or without interest, as may be agreed upon.
The notes, bonds, with all securities, may be assigned or
transferred by said company; and such assignment or trans¬
fer shall vest in the assignee or assignees the le<ral title
O O CT»
thereto.
Sec. 3. This act shall take effect and be in force from
and after its passage.
Approved Februarv 22, 18(31.
«/ 7
A X ACT to eo((1)1 e railroad companies and planhvoad
companies to consolidate their stock.
Section 1. Be it enacted by the people of the State of Illi¬
noisr, represented in the General Assembly, That all railroad
companies and plankroad companies now organized, or
hereafter to be organized, which now have or hereafter
mav have their termini fixed bv law, whenever their said
V '
road or roads intersect bv continuous lines, be and the same
are hereby authorized and empowered to consolidate their
property and stock with each other, and to consolidate with
companies out of this State, whenever their lines connect
with the lines of such companies out of this State.
Sec. 2. Such consolidation may take place whenever the
said companies shall respectively agree upon the terms and
conditions of the same; and the said companies when so
consolidated shall be authorized to agree upon the name or
names of such consolidated company, and by such name or
names the said consolidated company shall be a body cor¬
porate and politic, shall have a common seal or seals, and
bv such name or names shall be respectively contracted with
and make contracts, shall sue and be sued, implead and be
impleaded with, and shall have all the powers, franchises
and immunities which the said respective companies shall
have, by virtue of their respective charters, before such
-consolidation passed within the State of Illinois: Prodded,
115
tliat each consolidated company shall file for record, in the
office of the Secretary of State, a copy of their said articles
of consolidation, evidenced by the signature of the presid¬
ing officer of each of the said companies, and the'corporate
seal thereof.
Sec. 3. The corporation or corporations formed by virtue
of the provisions of this act shall have the power to increase
their capital stock to any amount required by resolution of
' their respective'boards of directors, not exceedingthe amount
of the cost of the roads and works constructed and equipped
by them, to borrow money and fix the rate of interest
therefor, to issue bonds and the same to sell at such price as
they may deem expedient, such sales being hereby author¬
ized and confirmed, and to make any other contracts
authorized by the by-laws of the said corporation or corpo¬
rations, within the purview of their said charters.
Sec. 4. Such corporation or corporations, when so
formed, shall have the same power to consolidate with
other companies when their lines connect, upon such terms
as may be agreed upon by them respectively.
Sec. 5. Xo company in this State shall be authorized
under the provisions of this act to consolidate with any
company beyond the limits of the State, until the termini of
such company in this State shall first have been fixed by the
laws of this State at the boundarv line thereof.
Sec. G. This act shall not be so construed as to authorize
any plankroad not having power to build a railroad to
consolidate with any railroad so as to lay a railroad upon
any plankroad track, until the termini of such railroad
shall have been expressly fixed by law, nor shall any plank¬
road so consolidate with anv railroad unless authorized bv
law to lav a railroad track.
«/
Sec. 7. All proceedings for the purpose of consolidation,
as above provided, shall be fixed and regulated by the by¬
laws of the respective companies during such consolidation:
Prorirfcff, that such consolidation shall not take place until
the terms of such consolidation shall have been approved
116
by a majority of the stockholders in interest, in person or
by proxy, at an annual or called meeting, of which, due
notice sliall be given, by publication or in writing, to all
stockholders interested, or the same be approved by the
written consent of a majority of stockholders in interest,
tiled in the office of their company.
Sec. 8. AVben it shall be necessary for the construction
of any railroad to cross the track of any other railroad,
stream of water, water course, road or highway, which it
may intersect or cross by reason of such extension, into or
through any adjoining State, or by reason of its consolida¬
tion with any other road or roads, company or companies,
as provided in this act, it sliall be lawful for said company
to construct their road across or over the same by such
track or tracks, bridge or bridges, viaduct or viaducts, as
may be necessary to the convenience of the extension or
consolidation of said road: Prodded, said company shall
restore the railroad, stream of water, water course, road or
highway, thus intersected or crossed, to its former state, or
in a sufficient manner not materially to interfere with its
usefulness.
Sec. 9. This act shall take effect from and after its
passage.
Approved February 2H, 1854.
117
ARTICLES OF CONSOLIDA TION, made and entered
into, this twent{/-seventh day of October, in the year of
oar Lord one thousand eight hundred and sixty-two.
between the Tonica and Meter sbu ry Mail road- Com¬
pany, and the Jacksonville, Alton and St. Louis
Ma ilroad Com pa n y.
' Whereas, The said railroad conn amies, corpo-
f lnterIlal ) • • • Ill • 1 11
- Revenue y. rations existing and duly organized under and
( Stamp, j . .
v bv virtue of certain acts of the General Assembly
«/ *'
of the State of Illinois, liave the termini of their respective
railroads fixed by law, and their said roads intersect bv a
continnons line from Alton, through Jacksonville, the place
of intersection, to Tonica; and the directors of said
respective companies, upon mature consideration have
determined that the interests of the respective stockholders
of said companies, and the public interests and convenience
will be greatly promoted by the union of their said roads
into one road, and by the consolidation of the respective
stocks of said companies into one common consolidated
stock:
And Whereas the said companies, being authorized and
empowered by law to consolidate their property and stock
with each other, have agreed so to do upon the terms and
conditions hereinafter mentioned and contained:
A on:, therefore, this agreement, made by and between the
corporations above named, parties hereto, witnesseth, that
the said Tonica and Petersburg Kailroad Company, and the
said Jacksonville, Alton and St. Louis Kail road Company,
do agreee, and each for itself doth severally agree, that the
said companies shall be consolidated into and form one
corporation under the name and style of the "St, Louis,
Jacksonville and Chicago Railroad Company."
118
And pursuant to the act of the General Assembly of the
State of Illinois, in such case made and provided, the said
parties hereto do hereby prescribe the following terms and
conditions of the said consolidation, and do respectively
agree thereto, and to the mode of carrying the same into
effect as herein provided for:
Article 1. The directors of the said St. Louis, Jack¬
sonville and Chicago Railroad Company shall he not less
than five, nor more than eleven in number, to he chosen as
11 e rein a ft e r ] > ro vi ded.
Art. 2. The first election for the directors of said com¬
pany, shall he held at Jacksonville on the tenth day of
December next, between the hours of noon and five o'clock
]). m. The following stockholders, in one or other of said
companies, are hereby appointed inspectors or judges of
said election to perform the usual duties required by law in
such eases, to-wit: Matthew Stacy, John Mathers, Cor¬
nelius Rouke, and A\rilliani P. l>arr. The inspector or
inspectors attending at the time and place fixed for the
election, shall have power to fill any vacancy occasioned by
the non-attendance of any one or more of their number.
tj
Any person so appointed to fill a vacancy must be a stock¬
holder in one or other of the companies, parties hereto.
Should neither of the inspectors attend at the time and
place appointed for the election, the stockholders present
at the time fixed for the opening of the polk, shall have
power by the vote of a majority in number of those present,
to choose three persons, being stockholders in one or other
of said companies, who, or any two of whom, shall have
power to act as the judges of the said election. All stock¬
holders in the respective companies, entitled to vote at any
election of directors in the respective companies, parties to
this agreement, shall have the right to vote at the said
election, in person, or by proxy, and sball be severally-
entitled to one vote for each share of stock (being one
hundred dollars at par), held by such stockholder in either
of said companies. Eleven directors shall be voted for at
said election, of whom at least four shall reside north of
Morgan county, and be stockholders of the Tonica and
O KJ '
119
Petersburg Pailroad Company, and at least four shall reside
south of Morgan county, and be stockholders of the Jack-
O 7
sonville, Alton and St. Louis Pailroad Company, and at
least two of them shall reside within the county of Morgan
«/ O
and be stockholders in one or other of the original compa¬
nies. The eleven persons, so qualified, receiving the
highest number of votes at the said election, shall be the
first directors of the St. Louis, 'Jacksonville and Chicago
Pailroad Company, and shall hold their office for one year,
and until their successors are chosen according to law.
Art. 3. The said directors shall, at the first meeting
7 o
after their election, elect a president from their own num¬
ber, and shall also then, or as soon as conveniently niav
' ' t/ «
be thereafter, elect or appoint a secretary and treasurer
of said company, and such other officers, engineers, super¬
intendents, clerks, agents, assistants, and other employes,
as they shall from time to time find to be necessary for the
proper transaction of the business of said company.
Art. 4. After tbe consolidation herein provided for is
perfected, and after said first election, stockholders in said
consolidated company, by surrender or exchange of their
certificates in their respective companies, or otherwise, shall
be entitled to vote, in person, or by proxy, at any meeting
of the stockholders of said consolidated company.
Art. 5. The capital stock of the said St. Louis, Jack¬
sonville and Chicago Pailroad Company shall be two mill¬
ions of dollars, to be divided into twenty thousand shares
' v
of one hundred dollars each, and the directors may increase
the capital stock of said company when necessary, to an
amount not exceeding the cost of the roads and works
constructed and equipped. All the stock which shall have
been issued at the time this consolidation takes effect,
by either of the said companies, parties hereto, which shall
then be outstanding and held by bona fide holders, shall be
surrendered, and in place thereof, there shall be issued to
the holder or holders of such stock, or his or her or their
assigns, an equal number of the shares of the stock in said
consolidated company. And every subscriber to the capital
120
stock of either of the said original companies, who, before
tiiis consolidation takes effect, shall have fully paid and
performed his subscription or contract for sncli stock, with¬
out having received a certificate therefor, shall be entitled
to receive a certificate of stock in the consolidated company
for the number of shares to which lie would be entitled in
the original company.
Art. 6.' In all cases in which subscriptions or agree¬
ments with either of said companies, parties hereto, for the
stock of either of said companies, have been heretofore
made by any person or persons, and said subscriptions or
contracts for stock yet remain unpaid or unperformed,
either in whole or in part, the stock of said consolidated
company may, upon payment of said subscriptions, or per¬
formance of said contracts, be issued to the subscriber or
subscribers in the same manner as the respective companies,
parties hereto, would have been bound to issue their stock
respectively, had not this consolidation taken effect. And
the directors of the consolidated company shall have full
power against any defaulting subscriber or subscribers to
the stock of either of said original companies, to declare
such stock forfeited for non-payment, after due notice of
arrears of subscription.
Art. 7. No certificate of stock in the consolidated com¬
pany shall be delivered to any stockholder except on terms
of payment, by such stockholder, of the taxes lawfully
imposed thereon bv national or State authoritv.
i %j tj
Art. 8. All and singular the rights, franchises, privi¬
leges, real estate, depot grounds, rights of way, road-beds,
railroads, iron rails, superstructures, engines, cars,
machinery, rolling stock, debts, dues, demands, ehoses in
action, and property of every description, name and nature,
in which the said Tonica and Petersburg Railroad Com¬
pany, and Jacksonville, Alton and St. Louis Railroad
Company, have respectively any right, title or interest,
whether in possession, reversion or remainder, with the
appurtenances, upon tlie ratification of these articles, and
the election of the first board of directors of the St. Louis,
121
Jacksonville and Chicago Railroad Company, shall he held,
owned and controlled hv the said St. Louis, Jacksonville
and Chicago Railroad Company, their successors and
assigns, as fully and completely, to all intents and purposes,
as said separate companies do or can now hold, own, use or
control the same: and no further conveyance or assuranco
7 «/
shall he required for the full and complete vesting thereof,
in the said St. Louis, Jacksonville and Chicago Railroad
/ O
Company.
Art. 9. All just debts, guarantees and liabilities exist¬
ing against the said original companies, parties hereto, at
the time of the taking effect of this consolidation, shall be,
and are hereby assumed, and the same shall be provided
for, paid and discharged by the said St. Louis, Jacksonville
and Chicago Railroad Company.
Art. 10. All the books, vouchers, records, muniments
of title, and other documents, pertaining to the business or
property of the said original companies, parties hereto,
shall be placed in the office of the secretary of said consoli¬
dated company, and said books records, vouchers and
papers, shall be deemed and taken, so far as necessary, as
the records, vouchers, papers, and books of said consoli¬
dated company; and said books, records, vouchers and
papers, shall be subject to the proper examination and
inspection of all persons interested therein, who shall have
the same access thereto as if the same had remained in the
offices of the original companies.
Art. 11. It is agreed that these articles of consolidation
shall be submitted to the stockholders of each of the said
companies, parties hereto, at a meeting thereof called
separately, for the purpose of taking the same into con¬
sideration. Due notice of the time and place of such
meeting, and of the object thereof, shall be given. The
time of such meeting shall be the ninth day of December
next, and all the proceedings for the consideration and
ratification of these articles, shall be as prescribed by law.
Art. 12. All elections for directors of said consolidated
company, after the first election of directors hereinbefore
122
provided for, shall take place at such time and place, and
in such manner as may be prescribed by the by-laws of the
hoard of directors of the consolidated company. The
number of directors to he elected after the first election
hereinbefore provided for, shall consist of not more than
eleven, nor less than live, to be determined by the stock¬
holders, and to be chosen with such qualifications respecting
residence, as may be determined by the stockholders.
Art. 13. It is agreed, as an express condition of the
consolidation, that the iron rails and spikes, estimated to
be sufficient for eight miles of road, now lying and being
on the wharf at Peoria, and in the town of Washington,
shall, so soon as the said consolidation takes effect, be trans¬
ferred and placed upon the line of the consolidated road
between Manchester and Whitehall, without prejudice,
however, to the just lien thereon of C. D. Hubbard & Co.,
under and by virtue of the arrangement by them made
with Geo. Straut, acting for the Toniea and Petersburg
Kail road Company, on tlx 3 26 th day of September, 1862, as
recorded in the journal of the board of directors of the
said Tonica and Petersburg Kailroad Company.
In Witness Whereof, The corporate seals of the
respective companies, parties to this agreement,
have been affixed hereto, 011 the day and year first
above written, by the order, and in the presence
of, the directors of said respective companies
respectively, duly convened, a quorum of each of
said boards of directors being so present and
assenting thereto, and is attested by their respec¬
tive signatures hereto, 011 behalf and by order of
the said boards of directors, and the presidents
of each of the said companies have also, at the
same time, and in behalf of the said respective
companies, hereto affixed their names in virtue of
resolutions of the said boards of directors, passed
at respective meetings thereof.
WILLIAM SHEPIIARD,
Prast Jacksonville, Alton and St. Louis R. R. Company.
123
[l. s.] A. McDonald, Joseph G. Scott,
Hou't McCrackex, Sen., George Wright,
L. E. Worcester, M. P. A vers,
Directors of the Jcudesonci/Je, Alton and St. Louis P. 7?. f'o.
Attest: Charles D. Hodges, See../., A. St. L. 7?. 7?. Co.
W. G. GEE EX
President of T. ^ P. P. P. Compani/.
[l. s.] S. Duxlap, Josiaii Sawyer,
William T. Beekmax, George Straut,
John J. Perry, Xathaniel W. Greex,
Directors of Tardea and Petersburg Pailroad Compani/.
Attest: James Berdax, Sec. of T. J P. P. P. Co.
*
STATE OF ILLINOIS, \ ,,
Morgan County,. / bs"
—— I, Charles I). Hodges, Secretary
j Revenue 1 of tlie Jacksonville, Alton and St. Louis liail-
—t—' road Company, do hereby certify, that in pursu¬
ance of notices published for four successive weeks in the
Jacksonville Sentinel, a public newspaper, published in
Jacksonville, in Morgan countv, and in the Carrollton
' O t/ '
Gazette, a public newspaper, published in Carrollton, in
Green county, and also in the Democratic Union, a public
newspaper, published in Jerseyville, in Jersey county, and
in the Jacksonville Journal, a public newspaper, published
in Jacksonville, in Morgan county, the stockholders of said
company met at said company's office, in the town of
Jacksonville, on Tuesday the 9th day of December, 1862,
to take into consideration the foregoing agreement, and
they then and there proceeded to vote for the adoption or
rejection of said agreement. That at said meeting three
thousand one hundred and seventeen (3,117) votes were
cast, each vote representing one share of stock; that three
thousand one hundred and seventeen of said votes were
cast in favor of the adoption of said agreement, and none
against the same, and that the entire number of shares of
stock of said company is about four thousand eight hundred
124
and forty-four (4,844), and flint, therefore, the stock so voted,
as aforesaid, is more than a majority of the entire capital
stock of said company. .
In Witness Whereof, I have hereunto set my hand
and affixed the corporate seal of said company,
[l. s.] tllis ninth day of December, A. D. 1802.
CHARLES ]>. HODGES, Secretary.
STATE OF ILLINOIS, ) ^
Morgan County. j bb'
—■— I, James Berdan, Secretary
(" 1 nternal j ^
s Revenue > of the Toiiica and Petersburg Railroad Coni-
( Stamp. ) "~'m
—-—' pany, do hereby certify that in pursuance to
notices published for thirty previous days in the Jacksonville
Journal, and also in the Jacksonville Sentinel, public
newspapers published in Jacksonville, in Morgan county,
and also in the Menard County Axis, and in the Menard
f '
Index, public newspapers published in Petersburg, in
Menard county, and in the Illinois State Journal, a public
newspaper published in the city of Springfield, in Sangamon
county, and also in the Chicago Tribune, a public newspaper
published in the city of Chicago, in Cook county, the
-L O ' v ■
stockholders of said company met at the company's office
in Jacksonville, on the ninth day of December, 1862, to
take into consideration the foregoing agreement, and then
O Co O ?
and there proceed to vote by ballot for the adoption or
rejection of said agreement; that at said meeting five
thousand and twenty-six and a half (5,0201) votes were
cast, each vote representing one share of stock; that all
of said votes were cast in favor of the adoption of said
agreement, and that the entire number of shares of stock
O '
in said company is about six thousand three hundred and
seventy-eight (6,378), and that, therefore, the stock so voted,
as aforesaid, is more than a majority of the entire capital
stock of said company.
In Witness Whereof, I have hereunto set my hand
[l. s.] and affixed the corporate seal of said company
this ninth day of December, 1862.
JAMES BERDAN, Secretary.
UNITED STATES OF AMERICA,]
State of Illinois. j "
,—-— I, 0. M. Hatch, Secretary of
| Revenue | State of the State of Illinois, hereby certify that
—v— I have this clay received and tiled 'in my office,
the articles of consolidation made and entered into on the
27th day of October a. d. 1862, between the Jacksonville,
Alton and St. Lonis Railroad Company and the Tonica and
Petersburg Railroad Company, and duly attested by the
proper officers of said roads respectively, in accordance
with the provisions of the act of the General Assemblv of
i x t/
the State of Illinois, approved February 28,1854.
In Testimony Whereof, I hereunto set my hand and
affix the seal of State, at mv office in the citv
J «y
[l. s.] of Springfield, on this 30th day of December, a. d.
1862.
O. M. HATCH,
Secretary of State.
120
)
A N ACT in aid of the St. Louis, Jacksonville and Chicago
llailroad Company.
Section 1. Be it enacted by the people of the State of Illi¬
nois, represented in the General Assembly, That whereas the
Jacksonville, Alton and St. Louis Railroad Company and
the Tonica and Petersburg Railroad Company have, hy
articles of consolidation, and a large majority vote of the
stockholders of each of said companies, consolidated and
united their property and stock under the name and style
of the "St. Louis, Jacksonville and Chicago Railroad Com¬
pany," under and hy virtue of the general law of this State
authorizing the consolidation of railroad companies, &c.,
approved February 28, a. d. 1854, which said articles of
consolidation, and all the proceedings with respect to the
adoption and ratification of the same hy the directors and
stockholders of the respective constituent companies afore¬
said, and to the election of the first board of directors of
the said consolidated company, are hereby declared legal
and valid; now, therefore^the said consolidated company,
under the name of the St. touis, Jacksonville and Chicago
Railroad Company, shall enjoy, possess and exercise all the
privileges, immunities and franchises which were possessed,
enjoyed, or granted hy or to either and both of the constit¬
uent companies aforesaid, and all notes, bonds, contracts,
agreements and promises of every kind made with either of
the aforesaid late railroad companies, or their duly author¬
ized agents, shall inure to the benefit of the said consoli¬
dated railroad company: Prodded., that all subscribers who
have subscribed to the capital stock of either of the afore¬
said late railroad companies shall be deemed stockholders
in the said new consolidated railroad company to the
extent, and in proportion to fhe amount so subscribed, and
shall be entitled to all the rights and subject to all the
liabilities thereof as provided in the articles of consolidation
aforesaid.
Sec. 2. That full authority is hereby given to the cor¬
porate authorities of the several counties, townships, cities,
villages or other municipal corporations owning or holding
stock in either of the said late Jacksonville, Alton and St.
Louis, and Tonica and Petersburg Railroad Companies, and
to all'persons holding the same in any fiduciary capacity or
otherwise, to transfer, assign or surrender the same, and to
accept and receive from the said consolidated company
such portion of the new stock as may be apportioned to the
stock so owned and held.
Sec. 3. The said new consolidated company shall have
power to extend and construct to and unite its railroad with
any other railroad now constructed, or which may hereafter
be constructed, in this State, and shall also have power to
build, construct and maintain its said railroad from Jack¬
sonville north to the city of Chicago, via Ottawa, or other¬
wise, with a branch road to any point on the Illinois river
south of the city of Peru, and for the purposes aforesaid,
shall possess and exercise all the privileges, immunities,
and franchises, and shall enjoy over and along the line or
lines of railroad so to he built and extended, as aforesaid,
the same privileges, immunities, franchises and rights which
were granted to the said late Jacksonville, Alton and St.
Louis, and Tonica and Petersburg Railroad Companies by
their respective charters and the several amendments
thereto.
Sec. 4. The board of directors of the said consolidated
railroad company shall have power and authority to provide
in their by-laws, if in their discretion they shall think proper
to do so, for the construction of said railroad by divisions,
hut all subscriptions heretofore made to either of the said
late railroad companies may he appropriated and
expended in such manner and at such places on
the line or lines of road as the board of direct¬
ors of the said consolidated railroad company may
determine, and all real, mixed, or personal property,
bonds, notes, contracts, or clioses in action, owned or pos¬
sessed by either of the aforesaid late railroad companies, to-
wit: the Jacksonville, Alton and St. Lonis, and Tonica and
Petersburg Kail road Companies, shall, according to the
articles of said consolidation, be vested in the new consoli¬
dated company, with full power to its hoard of directors
and duly authorized agents, to sell, lease, transfer, or con-
vey by mortgage or deed of trust, or otherwise, as may be
deemed for the interest of said company, any part or all of
said railroad property, and all such sales, transfers, convey¬
ances, mortgages pr deeds of trust, shall be binding and
valid, and of full effect in law and equity, and the directors
may in their discretion incorporate a condition in the mort¬
gage bonds, which they are authorized to issue, by which
the holder or holders of such bonds shall have the right to
vote at all elections of directors for said company upon such
conditions as may be deemed expedient by said directors.
Sec. 5. T1 le said new consolidated company may
increase its capital stock to any amount necessary to com¬
plete and equip said road, not exceeding the amount neces¬
sary therefor, and books of subscription for said stock shall
be opened at the treasurer's office in the town of Jackson¬
ville, or elsewhere, as may be directed by the board of
directors, which new subscription shall be under the same
rules, restrictions and penalties as provided for in the
charters and amendments of the aforesaid late railroad
companies.
Sec. 6. The certificate of the secretary of the said new
consolidated company, under the corporate seal thereof,
shall be received in all courts of justice and elsewhere as
evidence of the regular organization of said consolidated
O O
company, under its consolidated charter, and of any act or
order of the board of directors of said company, and all
the acts and doings of the said constituent companies and
of the said consolidated company in the consolidation and
organization of the St. Louis, Jacksonville and Chicago
Kailroa<l Company are hereby declared to be good and
129
valid, and all the rights, privileges and immunities and
franchises of each of the said late Jacksonville, Alton and
St. Louis, and Tonica and Petersburg Railroad Companies,
as possessed, enjoyed, or granted by or to them, are hereby
declared to be lawfully vested in and owned by the said
new consolidated company under the name of the 'St.
Louis, Jacksonville and Chicago Railroad Company.
Sec. 7. That in case the said new consolidated company
shall hereafter make and execute anv deed or deeds ot
«/
trust, mortgage or mortgages, or other conveyances of all
or any part of their said railroad, and the same should
thereafter be foreclosed and sold by any proceedings in law
or equity, or in pursuance of a power or powers in such
mortgage or mortgages, deed or deeds of trust contained,
or by the joint exercise of the said authorities, the pur¬
chaser or purchasers of the same, or their survivors or sur¬
vivor, or they, or he and his associates, or they or his
assigns, may form a corporation by tiling in the office of
the Secretary of State, under their or his signatures, a cer¬
tificate specifying the name of such corporation, the num¬
ber of directors, the names of the first directors and the
period of their services, not exceeding two years, the
amount of original capital, and the number of shares into
which such capital is to be divided, and thereupon the per¬
son or persons who shall have signed such certificate shall
be a body politic and coporatc, by the name stated in such
certificate, and a copy of such certificate, attested by the
signature of the Secretary of State or his deputy, shall, in
all courts and places, be evidence of the due formation and
existence of the said corporation and of the facts in the
said certificate stated, and the corporation, in pursuance
thereof, shall have and enjoy all the rights, privileges,
immunities and franchises granted to or belonging to said
Co O
new consolidated St. Louis, Jacksonville and Chicago Rail¬
road Company.
Sec. 8. That the St. Louis, Jacksonville and Chicago
Kail road'Company may, at any time hereafter, in its dis¬
cretion, build such part or portion of the railroad which it
ii
130
is now authorized to construct, and those parts or portions
only, which its directors shall think most expedient for the
interests of said company, and shall have power to extend
its main line, and to build a branch or branches from such
main line to any other railroad or railroads with which it
may he able to make a connection, so as with such other
railroad or railroads to form a continuous line, and in
respect to such extension and branches shall have all the
powers, rights and privileges it now has in regard to its
main line or any part thereof.
S.-A. BUCKMASTER,
Speaker of the House of Representatives.
FRANCIS A. HOFFMAN,
Speaker of the Senate.
Approved February 13, 18G3.
Richard Yates, Governor.
UNITED STATES OF AMERICA, \
State of Illinois. /
I, 0. M. Hatch, Secretary of
State of the State of Illinois, do hereby certify that the
foregoing is a true copy of an enrolled law now on tile in
my office.
In Witness Whereof, I have hereunto set my hand,
and affixed the great seal of State, at the city of
[l. s.] Springfield, this sixteenth day of February, a. d.
1863.^
O. M. HATCH,
Secretary of State.
131
LEASE of the St. Louis, Jacksonville and Chicago Rail¬
road Company to the Chicago and Alton Railroad
Company.
Tins Indenture, made and entered into this thirtieth day
of April, in the year of our Lord one thousand eight
hundred and sixty-eight, by and between tlie St. Lonis,
Jaeksonville and Chicago Hail road Company, party of the
first part, and the Chicago and Alton Railroad Company,
party of the second part, Witncsscth, That the said party
of the first part, for and in consideration of the rents,
covenants, and agreements hereinafter contained and set
7 o
forth, and 011 the part and behalf of the said party of the
second part, its successors and assigns, to be paid, kept,
and performed, hath granted, demised, and leased, and by
these presents doth grant, demise, and lease unto the said
party of the second part, its successors and assigns, all and
singular the railroad, railroad track, right of way, depot
grounds, engine houses, water tanks, and structures of
every kind whatsoever, now owned or occupied by the party
of. the first part, as the same are now located and con¬
structed between the city of Bloomington, in the county of
MeL can, in the State of Illinois, and the southern terminus
of said railroad, at or near the town of Godfrey, sometimes
called Montieello, in the county of Madison, and State
aforesaid. To have and to hold the said above-demised
premises, together with all and singular the appurtenances
(except the motive power, rolling stock, and supplies on
hand, hereafter provided to be purchased by the party of
the second part), unto the said party of the second part, and
its successors and assigns, from and after the first day of
June, in the vear of our Lord one thousand ebht hundred
7 «> cv
and sixty-eight, forever, upon the terms, conditions, and
covenants hereinafter contained and set forth.
1 :>2
Article 1. And the said party of the second part, for
itself, its successors and assigns, hereby covenants and
agrees, to and with the said party of the first part, that it,
the said party of the second part, will, at all times hereafter,
at its own proper cost and expense, keep in good and suffi¬
cient repair, and in good working order, the railroad so
demised as aforesaid, together with the railroad track,
bridges, fences, stations, depots, water tanks, machine shops,
and all other appurtenances thereof, and that it, the said
party of the second part, will, at its own proper cost and
expense, maintain the same in such condition as shall be
necessary to insure the efficient working thereof, and the
convenient and speedy dispatch of ordinary railway traffic
over the same, and that, for this purpose, it, the said party
of the second part, will make all needful and proper repairs
and additions thereto, including the renewal of the track
of said railroad, and all repairs and renewals of every kind
whatsoever, which may from time to time be rendered
necessary by reason of the wear and tear of said railroad,
and its appurtenances, and all additions thereto which may
be necessary and proper to secure the prompt and efficient
dispatch of the ordinary business which may at any time
hereafter be transacted upon said railroad.
Art. 2. And the said party of the second part, for itself
its successors and assigns, as a further consideration for the
execution of this indenture, hereby covenants, to and with
the said first party, that it, the said second party, will
purchase from the party of the first part, or their trustees,
all the locomotives, passenger cars, freight cars, baggage
and express cars, and rolling stock of every description
whatsoever, which may be owned by the said party of the
first part, and also all fuel, tools, and supplies of every
do scriptiou whatsoever, which may be owned by the said
party of the first part, at the date of this indenture, at a
price which shall be determined and fixed in the manner
following, that is to say: Each of the parties to this agree¬
ment shall nominate one appraiser, and these two appraisers
so appointed shall select a third. The three appraisers so
appointed shall at once appraise the rolling stock, supplies,
133
and other articles hereinbefore enumerated, and provided
to be purchased by the second party as aforesaid, at the
cash value thereof, and the valuation thereof, so made by
the appraisers aforesaid, or a majority of them, shall he
accepted and received by the parties hereto as the price to
he paid by the party of the second part to the party of the
first part, in pursuance of this covenant.
Art. -3. And the party of the first part hereby further
agrees, to and with the party of the second part, that it,
the party of the first part, will pay off and discharge all
liens which may have been created by said party of the
first part, upon the rolling stock so to be purchased by the
second party, whether in the nature of chattel mortgages
or trust deeds; and the said party of the first part further
agrees, to and with said second party, that it, the said
second party, may apply the price fixed by the appraisers,
aforesaid, upon the rolling stock and supplies, provided
hereinbefore, to be purchased by said second party, in
extinguishment of any debt of the said party of the first
part, secured by a lien upon said rolling stock and supplies,
and that any payment or payments, made by the second
party, to parties or persons holding debts secured by chattel
mortgage, deed of trust, or other lien on said rolling stock,
tools, and supplies, shall be taken and accepted by the party
of the first part, as satisfaction, pro tanto, of the price of
said rolling stock and supplies, so fixed and determined by
the appraisers aforesaid.
Art. 4. And the said second party, for itself, its suc¬
cessors and assigns, hereby further covenants and agrees, to
and with the said party of the first part, that it, the said
party of the second part, will pay to the said party of the
first part, as a consideration for the execution of this lease,
a rental, which shall be fixed and determined as follows,
that is to say: The rental to be paid by the second party to
the party of the first part, shall, in no event, be less than
the sum of two hundred and forty thousand dollars per
annum, which said sum of two hundred and forty thousand
dollars per annum, shall, in all events, be paid by said
second party to the first party, as a rental for the property
134
and promises hereby demised. In ease the annual gross
earnings of tlie said railroad shall, at any time, exceed the
sum of six hundred thousand dollars, the said party of the
second part hereby agrees to pay to the party of the first
part, forty percentum of said gross earnings upon any
amount, not exceeding the sum of seven hundred thousand
dollars. And in case the annual gross earnings of said rail¬
road, at any time hereafter, shall exceed the sum of seven
hundred thousand dollars, the portion of the gross earnings
in excess of seven hundred thousand dollars, to he paid by
the party of the second part as rental, shall he determined
as follows, that is to sav: In case the gross earnings in anv
7 v O C
one year shall exceed the sum of seven hundred thousand
dollars, and shall not exceed the sum of eight hundred
thousand dollars, the party of the second part shall pay as
rental, in addition to the sum of forty per centum on the
sum of seven hundred thousand dollars, thirty-nine per
centum 011 the excess over seven hundred thousand dollars.
In case the gross earnings for any one year shall exceed in
V-1 Co «/ %>
amount eight hundred thousand dollars, and shall not
exceed in amount the sum of nine hundred thousand dollars,
the said party of the second part shall pay, in addition to
the forty per centum on seven hundred thousand dollars,
thirty-eight per centum on the excess over seven hundred
thousand dollars: Provided, however, that in such case
the rent to he paid shall not he less in amount than the
sum of three hundred and nineteen thousand dollars. In
case the gross earnings of said railroad, in any one year,
shall exceed in amount the sum of nine hundred thousand
dollars, and shall not exceed the sum of one million dollars,
the said party of the second part shall pay, in addition to
the forty per centum on seven hundred thousand dollars,
thirty-seven per centum on the excess over seven hundred
thousand dollars: Provided, however, that in such case the
entire annual rent to he paid by the second party shall not
he less in amount than the sum of three hundred and fifty-
«/'
six thousand dollars. In case the gross earnings of said
railroad, in any one year, shall exceed the sum of one
million dollars, and shall not exceed the sum of one million
one hundred thousand dollars, the said party of the second
part shall pay, in addition to the forty per centum on seven
hundred thousand dollars, thirty-six per centum on the
excess over seven hundred thousand dollars: Provided,
however, that in such case the entire annual rent to he paid
by the second party shall not be less than the sum of three
hundred and ninetv-one thousand dollars. In case the
«y
gross earnings of said railroad, in any one year, shall exceed
the sum of one million one hundred thousand dollars, and
shall not exceed the sum of one million two hundred
thousand dollars, the said party of the second part shall
pay, in addition to the forty per centum on the sum of
seven hundred thousand dollars, thirty-five per centum on
the excess over and above seven hundred thousand dollars:
Provided[, however, that in such case, the entire annual rent
to be paid by the second party shall not be less than the sum
of four hundred and twenty-four thousand dollars. In case
the gross earnings of said railroad, in any one year, shall
exceed the sum of one million two hundred thousand
dollars, and shall not exceed the sum of one million three
hundred thousand dollars, the said party of the second part
shall pay, in addition to the forty per centum on the seven
hundred thousand dollars, thirty-four per centum 011 the
excess over and above seven hundred thousand dollars:
Provided,, however, that in such case the entire annual rent
to be paid by the second party shall not be less than the
sum of four hundred and fifty-five thousand dollars. In
case the gross earnings of said railroad, in any one year,
shall exceed the sum of one million three hundred thousand
dollars, and shall not exceed the sum of one million four
hundred thousand dollars, the said party of the second part
shall pay, in addition to the forty per centum 011 seven
hundred thousand dollars, thirty-three per centum 011 the
excess over and above seven hundred thousand dollars:
Provided, however, that in such case the entire annual rent
to be paid by the second party shall not be less than the
sum of four hundred and eighty-four thousand dollars. In
case the gross earnings of said railroad, in any one year,
shall exceed the sum of one million four hundred thousand
136
dollars, and shall not exceed the snm of one million five
hundred thousand dollars, the said party of the second part
shall pay, in addition to the forty per centum on seven
hundred thousand dollars, thirty-two per centum on the
excess over and ahove seven hundred thousand dollars':
Provided, however, that in such case the entire annual rent
to he paid hy the second party shall not he less than the
sum of five hundred and eleven thousand dollars. In case
the cross earnings of said railroad, in any one year, shall
o o 7 t J v '
exceed the sum of one million five hundred thousand
dollars, and shall not exceed the snm of one million six
hundred thousand dollars, the said party of the second part
shall pay, in addition to the forty per centum on seven
hundred thousand dollars, thirty per centum on the excess
over and ahove the sum of seven hundred thousand
dollars: Provided, however, that in sucli case the entire
annual rent to he paid hy the second party shall not he less
than the sum of five hundred and thirty-six thousand
dollars. And in case the gross earnings in any one year
shall exceed the sum of one million six hundred thousand
dollars, the said party of the second part shall pay, in
addition to the forty per centum 011 seven hundred
thousand dollars, thirty per centum on all excess over and
ahove the sum of seven hundred thousand dollars, which
said thirty per centum shall be paid hy said second party
in addition to the forty per centum on seven hundred
thousand dollars, 011 all excess over and ahove seven
hundred thousand dollars whenever the annual gross earn¬
ings of said railroad shall exceed in amount the sum of one
million six hundred thousand dollars—it being distinctly
understood and agreed, between the parties hereto, that the
party of the second part shall pay to the party of the first
part, forty per centum 011 all gross earnings of said rail¬
road until the sum of seven hundred thousand dollars has
hecii reached, and upon all excess over and above the suni-
of seven hundred thousand dollars, the percentage set
forth and indicated in this article of this agreement.
Art. 5. And it is mutually agreed and understood
between the parties hereto, tliat the rents provided herein
137
to be paid by the party of the second part, shall be paid
"quarterly, 011 the first days of January, April, July and
October respectively, of each and every year hereafter, and
that at the end of each and every quarter an approximate
estimate shall be made by the party of the second part of
the amount of rent due to the party of the first, part for
that quarter, and the approximate amount so estimated
shall be, by the said second party, paid to the party of the
first part; and at the end of each and every year an adjust¬
ment shall be made of the rent to be paid for that year in
accordance with the terms and conditions of this agreement;
and the amount of rent for that year shall be definitely and
exactly ascertained, and if, upon such adjustment, it shall
be found that the rent already paid by the first party is in
excess of the rent found to be due, then, in that case, the
proper deduction shall be made from the next payment to
be made thereafter to the party of the first part, 011 account
of the rent herein provided for, and if upon such adjust¬
ment, it shall be found that the rent already paid by the
second party is not equal in amount to the rent found to be
due for that year, then, and in that case, the said second
party shall pay whatever deficiency may exist, to the party
of the hrst part.
Art. 6. And it is mutually agreed and covenanted
between the parties hereto, that the said party of the
second part shall pay off and discharge the coupons upon
the bonds of the said first party, now issued and hereafter to
be issued and secured by mortgages upon its railroad, as the
same shall become due and payable, to an amount not
exceeding in the aggregate the sum qf two hundred and
forty thousand dollars per annum; and that all payments so
made by the said second party, on account of the coupon
interest of the said party of the first part, shall be accepted
and received by the said party of the first part in satis¬
faction pro tavio of the rent agreed to be paid by the
second party, under the terms and conditions of the agree¬
ment.
Art. 7. And the said second party, for itself, its
successors and assigns, hereby covenants and agrees, to and
1.38
with the party of the first part, that it, the said second
party, will maintain, keep and operate the said line of
railroad, between the said citv of Bloomington and said
/ %J O
village of Godfrey, sometimes called Monticello, and any
<Z7 <u ' ' tj
branch thereof, hereafter built, as hereinafter provided ; and
that it will keep in good repair the said railroad, and all
the fixtures and'appnrtenances thereof, and that it, the said
second party will at all times hereafter, keep the said
railroad supplied with a full and complete equipment of
motive power and rolling stock, in order to furnish at all
times every facility for the carriage of freight and passen¬
gers, which the increasing business of the railroad and wants
of the country may require, and the interests of said line
may dictate; and that it, the said second party, will also
construct, from time to time, such tracks, structures, engine
houses, warehouses, machine shops and other buildings,
along said line of railroad, as shall be essential to the
prosperity of its business and necessary to make the said
line in the end a first-class railroad.
Art. 8. And the said party of the second part hereby
further covenants, to and with said party of the first part,
that it, the said second party, will so conduct the business
and traffic of and over the said line of railroad belonging to
said first party, hereinbefore demised, that there shall be 110
unjust or unfavorable discrimination in respect to rates
charged for transporting passengers or freight, in favor of
the line of railroad now owned and operated by said party
of the second part, and so as to do all the business and
traffic which might legitimately belong to or be controlled
by the said part} of the first part, if the railroad herein
leased were under the entire control and management of
the party of the first part, and for such purpose, that it,
the said party of the second part, will at all times hereafter
provide all transportation which may be necessary and
proper, to develop the largest possible traffic upon the
railroad of the party of the first part; and that it, the said
second party, will place upon said railroad so demised, as
aforesaid, all trains which may be required for that purpose,
and that it will so arrange its schedules and the running of
139
the trains upon the railroad of said first party, and on the rail¬
road of said second party, and that tliey shall connect with
each other in such a manner as not to occasion unreasonable
or unnecessary delay; and that it, the said second party,
will at all times hereafter exercise the same diligence in
procuring business for the line of railroad hereinbefore
demised, and in the transaction and speedy dispatch thereof,
as the said second party exercises in procuring and
dispatching business for the line of railroad now owned
and operated by it, the said second party.
Art. 9. And the said party of the second part hereby
further agrees, to and with the said party of the first part,
that it, the said party of the second part, in the conduct of
the traffic and business of the railroad owned by it, the said
«/ >
second party, and of the railroad hereinbefore demised, will
so arrange its tariff of rates to be charged on all transpor¬
tation of passengers and freights to and from all points on
the railroads aforesaid, and of all through passengers and
freights within the control of said second party, whether
the point of shipment or destination be on the line of either
of the said railroads, or otherwise; that no rates shall be
charged to any point which will tend to create a competition
for business between said two lines of railroad by discrimin-
atins: in favor of the line of railroad now owned bv the
O
party of the second part, and for this purpose the said party
of the second part hereby covenants and agrees, to and with
said party of the first part, that the rates to be charged by
the said second party to and from all points, whether on the
lines of railroad aforesaid, or otherwise, shall at all times
hereafter not be greater from the stations on the road of the
first party, hereinafter named, than those charged by the
second party for similar service at the corresponding
stations on its railroad, hereinafter named, viz.:
Brighton, on the road of said second party, and Delhi,
on road of first, party.
Shipman, on the road of said second party, and Jerscy-
ville, 011 road of first party.
Plainvicw, on the road of said second party, and Kane,
on road of first party.
140
Macoupin, on tlie road of said second party, and Carroll-
ton, on road of lirst party.
Carlinville, on the road of said second party, and Berdan,
on road of first party,
Girard, 011 the road of said second party, and Whitehall,
on road of first party.
Virden, 011 the road of said second party, and Roodhouse,
on road of first party.
Sherman, 011 the road of said second party, and Ashland,
011 road of first party.
Williamsville, 011 the road of said second party, and
Tallula, 011 road of first party.
Elkhart, 011 the road of said second party, and Petersburg,
011 road of first party.
Broad well, 011 the road of said second party, and Green-
view, 011 road of first party.
Lincoln, on the road of said second party, and Mason
City, 011 road of first party.
Lawndale,on the road of said second party, and Natrona,
on road of first party.
Atlanta, 011 the road of said second party, and St. Jose
and Delevan, 011 road of first party.
McLean, 011 the road of said second party, and Ilopedale
and Minier, 011 road of first party.
Funk's Grove, 011 the road of said second party, and
Allen, 011 the road of first party.
Shirley, 011 the road of said second party, and Covel, 011
road of first party.
And if, at any time hereafter, new stations shall he estab¬
lished at points between the stations above named, 011 the
road of either party to this agreement, the rates fixed for
the transportation of freights and passengers from said new
stations shall be in accordance with the provisions of this
article of this agreement.
Art. 10. All freights and passengers, whether origina¬
ting 011 the railroads of either of the parties hereto, or
coming upon either road, from other railroads, shall in the
absence of any special agreement to the contrary between
the parties hereto, be carried to their destination by the
141
shortest route between said points, measured on the lines
of the railroads aforesaid, and in the absence of any special
agreement between the parties to the contrary, tickets shall
be issued to passengers by the shortest route to the point of
their destination, unless the passenger himself shall make
request to the contrary: Provided, howeyer, and it is
expressly understood between the parties hereto, that tickets
shall be issued at all stations 011 the line of railroad now
owned or operated by said second party, from Bloomington,
north, and from Montieello Junction, south, including both
of said stations, to passengers who may specially request
tickets hy way of the railroad of the tirst party (and to 110
others) to any point 011 the line of railroad of the second
party, to and beyond either terminus mentioned above, at
the same rates as are charged by said second party for
tickets between the same points on its railroad, and in
every such case the money received for the transportation
of all passengers carried under the terms of this proviso,
shall be divided between the two railroads, and considered
to have been earned by them, respectively, in the following
manner, that is to say: The distance between the points
traveled shall be measured 011 the line of the railroad of
the second party, and the said second party shall be entitled
to credit its earnings with such part of the money received
as shall bear the same ratio to the whole amount of said
money that the number of miles actually traveled by the
passenger 011 the railroad of the second party bears to the
number of miles between the beginning and terminus of
his journey so measured 011 the line of said second party's
railroad, and the balance of said money shall he credited to
the earnings of the railroad of the first party.
Art. 11. And it is hereby mutually understood and
agreed between the parties hereto, that the rule for com¬
puting the earnings of the two railroads, under the terms
and provisions of this agreement, shall, in all cases, except
that mentioned in the proviso contained in the tenth arti¬
cle of this agreement, be as follows: The earnings shall he
computed and estimated strictly according to the number
of miles which the freight or passenger lias traveled, in each
142
case, on the respective railroads of the parties hereto, and
the amount to be credited to the road of either party shall,
in cverv case, bear the same ratio to the entire amount of
freight earned, that the number of miles passed over 011 the
road of [either party bears to the entire number of miles
traveled in earning the same.
Art. 12. And the said party of the second part hereby
further agrees, to and with the said party of the first part,
that it, the said party of the second part, will keep an
accurate and just account of the gross receipts of the rail¬
road hereinbefore demised, and that it, the said second
party, will, at the end of each and every month hereafter,
or within twenty days thereafter, make up and exhibit to
the proper officers of the said party of the first part, a true
and correct statement of the gross earnings of said railroad
for that month. And the said second party hereby further
agrees, to and with the said party of the first part, that it,
the said party of the first part, for the purpose of verifying
the accounts of the gross earnings herein provided to be
rendered by said second party, shall at all proper times
hereafter, by its president, or any person appointed by him
for that purpose, have access to the books of account and
vouchers of the party of the second part, and that the offi¬
cers of said second party shall and will, at all times here¬
after, give to the said first party, its proper agents and
officers, all needful information in respect thereto.
Art. 13. And the said party of the second part further
covenants and agrees, to and with said first party, that it,
the said second party, shall and will, at all times hereafter,
pay off and discharge all taxes and assessments of every
kind and nature whatsoever, whether Federal, State, county
or municipal, which are, or may be hereafter, assessed
against the premises hereinbefore demised, and all taxes
assessed under the internal revenue laws of the United
States, except taxes upon coupons and dividends, at the
times when the said taxes shall be due and payable; and
that it, the said party of the second part, will, at all times
hereafter, guarantee and indemnify the said party of the
first part against all claims for damage growing out of the
143
operation of the line of railroad herein demised; and that
it, the said party of the second part, will pay off and satisfy
all damages which may be assessed against either of the
parties hereto, growing out of the operation of said line of
railroad, whether the same be founded on claims for non¬
performance of duty as common carriers of passengers or
freight, injuries to cattle or other animals, along the line of
said demised railroad, losses arising from fires communi¬
cated along said line of railroad from the locomotive
engines used thereon, or from any other cause occurring
hereafter, through the negligence or dereliction of duty of
the party of the second part in the conduct of the business
and traffic of said line of railroad.
Art. 14. And the said party of the first part hereby
covenants and agrees, to and with the said party of the
second part, that it, the said party of the first part, will
pay off and discharge all the floating debt of said first
party, of every kind and description whatever, including
the notes issued by the said first party, for the purchase of
locomotives and rolling stock, and secured by an instru¬
ment in the nature of a deed of trust, executed bv said first
party, to Robert Hale and George W. Weld, trustees, and
also all notes, accounts, judgments, and other indebtedness
of every kind, now outstanding against said first party;
and that it, the said first party, will so manage its affairs,
and so arrange for the prompt payment of all bonds now
issued, or hereafter to be issued by said first party, and the
interest thereon as the same shall fall due, that 110 liens,
judgments, or executions, shall be suffered or permitted to
attach to any of the property of the first party, their fran¬
chises or privileges, so far as said first party can in any
manner control the same. And it is distinctly understood
and agreed, between the parties hereto, that if, at any time
hereafter, the said first party shall be in default, as regards
this covenant, either by the non-payment of any debt due
by said first party, or by permitting judgment obtained
against it, the said first party, to remain unpaid, and shall
remain in default in said regard for the space of ninety
days after it, the said first party, has been notified, in
144
writing, by the said second party, that such default exists,
then, and in such case, it shall be the right of the said
second party, at its option, to declare this lease at an end,
in which case said second party shall not thereby forfeit
any right to claim damage of the first party for the breach
of any covenant of this lease, or the said second party may,
if it elect so to do, pay off and discharge the debt of said
ffrst party so remaining unpaid, as aforesaid, and may retain
the amount or amounts so paid out of any rents due or to
become due, to said ffrst party, under the terms and pro¬
visions of this agreement, and, in every such case, the
second party shall be entitled to receive, from said first
party, interest, at the rate of seven per centum per annum,
on all advances so made by it.
Art. 15. And the said party of the first part hereby
further covenants and agrees, to and with the s'aid party
of the second part, that it, the said party of the first part,
will, as soon as the same can be done, perfect the title to
the right of way of the railroad herein demised, and at
this time in possession of said first party, and that it, the
said first party, will, from time to time, hereafter, as occasion
shall rccpiirc, make all payments necessary to be made on
account of right of way, or depot grounds, now held by it,
the said first party, and which may be still unpaid and due,
to any person or persons whomsoever, and that the maps,
plans, profiles, deeds, and other muniments of title, and all
contracts in reference to the title of lands owned or
occupied by the first party, for railroad purposes, shall be
delivered to said party of the second part on or before the
first day of July next ensuing, or as soon thereafter as may
be practicable.
Art. 16. And the said party of the first part covenants
and agrees, to and with the said party of the second part,
that it, the said party of the first part, will assign, transfer,
and make over, to the party of the second part, all contracts
vhich it, the said first party, has with any company or
corporation, association or individual, relating in anywise
to the operation or use of the said railroad of the first
party, so demised, as aforesaid, and that, upon the execution
145
of this agreement, the said first party will deliver to the
said second party, all such contracts, duly assigned and
transferred, as herein covenanted; and the said second
party hereby covenants and agrees, to and with said first,
party, that it, the said second party, will fulfill and perform
all the covenants and agreements in the said contracts so
assigned, as aforesaid, contained on the part and behalf of
the said first party, to be kept and performed, and which
remain unexecuted or unfulfilled, at the time of executing
this lease: Provided, that no bills receivable or other
evidences of indebtedness, of any kind or nature what¬
soever, shall be considered to be embraced within the
meaning ef this article, or be transferred to the second
party in pursuance thereof.
Art. 17. And the said party of the first part hereby
further agrees, to and with said second party, that it, the
said party of the first part, will, at no time hereafter, do,
cause, or permit to be done, any act which will incur a
forfeiture of its franchises as a corporation, and that it, the
said party of the first part, will, at all times hereafter,
maintain and keep up its organization as an incorporated
company, under the laws of the State of Illinois, and that,
toR such purpose, it will do all acts necessary therefor, and
that it will omit 110 act required to be done by its act of
incorporation, 01* which may be requisite for that purpose,
under any of the laws of the State of Illinois regulating-
railroad companies.
Art. 18. And it is hereby mutually understood and
agreed, between the parties hereto, that the party of the
second part shall have the right, at any time within one
year from the date of this agreement, if it shall elect so to
do, to build a branch line, from any convenient point on
the main line of the railroad of the party of the first part,
to the city of Peoria, in the State of Illinois, and, for that
purpose, the said party of the first part hereby agrees, at
the request of the said second party, made for such
purpose, to exercise all powers of condemnation given to
said first party, by its act of incorporation, for the purpose
of acquiring right of way, and to do all other corporate
12
14(5
acts necessary and proper to be done for tlie purpose of
constructing said branch line. And it is further mutually
agreed, between the parties hereto, that in case the said
second party shall exercise the right hereby given, and shall
build said branch line to the said city of Peoria, at its own
cost and charge, then, in such case, the said branch line, so
built, shall not be subject to the payment of rent, under
the provisions of this agreement. And in case, at any time
hereafter, this lease is terminated, in any manner, and from
any cause whatever, the said second party shall retain
possession and control of the branch so built to the city of
Peoria, aforesaid, until the cost and expense of building
the same shall have been repaid to said party of the second
part, by the party of the first part.
Art. 19. And it is furtliur mutually understood and
agreed between the parties hereto, that in case the said
second party shall not elect to build the said branch line
to Peoria within one year from the date of this agreement,
or shall not complete the'same within two years from the
date hereof, then, and in such case, the said party of the
tirst shall have the right, at its own proper cost and
expense, to build said branch line to the city of Peoria; and
and the said branch line, when so built by the said first party,
as aforesaid, shall be kept up, maintained, and operated by
the party of the second part, upon the same terms and
conditions contained in this lease with reference to the main
line of railroad hereinbefore demised, and shall be treated
in all respects as though the said branch line had been
embraced in and formed a part of said main line so leased,
as aforesaid: Provided, that nothing herein contained shall
be deemed or taken to increase or diminish the. minimum
rental of two hundred and forty thousand dollars, provided
hereinbefore, to be paid by the said second party, except in
the manner provided in Article 5 of this agreement.
Art. 20. And the party of the tirst part hereby cove¬
nants and agrees, to and with the said second party, that
it, the said party of the tirst part, is well and truly seized of
the premises herein and hereby demised, and that it has full
power to convey and lease the same, according to the true
147
intent and meaning of these presents, and the same in the
qniet and peaceable possession and enjoyment of said party
of the second part, shall and will warrant, and by these
presents forever defend.
Art. 21. And said party of the first part hereby further
covenants to and with said second party, that it, the said
first party, will, at any time hereafter, give and make such
other and further conveyances and assurances as may he
«j «
necessary and proper to carry into full effect all the objects
and purposes of this indenture.
Art. 22. And the said party of the first part hereby
further covenants and agrees, to and with said party of the
second part, that it, the said party of the first part, will not,
at any time hereafter, execute or make any mortgage, or
create any lien upon the railroad and premises herein leased
and demised, in addition to the mortgage thereon, which
shall, together with the mortgage now existing, exceed, in
the aggregate, the sum of twenty thousand dollars per
mile.
Art. 23. And it is further covenanted and agreed
between the parties hereto, that if the party of the second
part shall, at any time hereafter, lose its corporate powers
by forfeiture of its charter, or if it shall at any time, or in
any manner, he divested of the title or control of their cor¬
porate property and interests, or if said second party shall
fail, for the space of ninety days after the same shall he
due, to pay the rental hereinbefore specified and provided
to he paid, or if it, said second party, shall neglect or omit
the performance of any one or more of the covenants
herein contained, on its part to he performed, materially
affecting or jeopardizing the rights or interests of the parties
of the first part, and if it, said second party, shall continue
and he guilty of such neglect or omission, for the term of
ninety days after the service of written notice, specifying
the particular covenant or covenants, in respect to which a
breech shall he complained of by said first party, the said
first, party may, at its option, declare this indenture termi¬
nated, and may take such means of redress, or for the
14S
recovery of the possession of the demised premises, in any
court of record having equitable jurisdiction, as it may he
advised, and which shall be agreeable to equity and justice;
audit is hereby stipulated, at the special request of said
second party, that it, the said second party, shall have, in
any suit or proceeding which may he instituted in any
court under these provisions, full right to deny the violation
or breach of covenant, the breach of which is complained
of, and such issue shall, in all cases, be submitted to the
court for its decision.
Art. 24. And it is mutually agreed between the parties
hereto, that if, at any time hereafter, any disagreement
shall arise between the parties hereto, as to the proper con¬
struction of any of the articles of this agreement, and which
said disagreement cannot be adjusted and settled between
the respective officers of the two corporations, parties
hereto, or in case any difference should hereafter exist
between the parties hereto, as to the fulfillment or non-ful¬
fillment of any of the agreements and covenants herein
contained, or in regard to any other matter or thing con¬
nected with the occupation or operation by the party of the
second part, of the railroad hereby demised, then, and in
every such case, the question or questions so arising shall
be submitted to the arbitration of two disinterested persons,
skilled in the business of conducting and managing rail-
o o
roads, one of whom si 1 all be chosen by each of the parties
hereto, and the arbitrators so chosen shall have authority
and power to make a final decision and adjustment of such
questions of difference or disagreement between the parties
hereto; and their award, when so made, shall be final and
conclusive between the parties hereto, of the matters and
things by them so determined.
Art. 25. And it is further mutually agreed between the
parties hereto, that in case the arbitrators so chosen, as
aforesaid, shall fail to agree upon the adjustment of the
question or questions so submitted to them, as aforesaid,
then, and in such case, the two arbitrators so selected, as
aforesaid, shall choose an umpire, who shall be a d'sinter-
149
ested person, skilled in the conduct of railroads; and the
award of the umpire so chosen, when made, shall he tinal
and conclusive as to the questions decided by him.
Art. 26. And it is further agreed between the parties
hereto, that in case either of the parties hereto shall fail to
nominate and appoint an arbitrator, in accordance with the
foregoing articles of this agreement, for the space of ten
days after notification, in writing, from the other party, of
the breach of covenant or disagreement complained of, and
requisition upon it to appoint an arbitrator in accordance
with the provisions of this agreement, then, in that case it
shall be lawful for the party seeking the arbitration, to
apply to the Judge of the United States District Court, for
the time being, of the Northern District of the State of
Illinois, and the said Judge of the United States District
Court aforesaid, upon such application, shall and may
appoint an arbitrator on the part and behalf of the party
so failing or refusing to appoint as aforesaid, and the arbi¬
trator so appointed by the district judge, as aforesaid, and
the arbitrator so nominated by the party making such
application, shall have power to finally determine all ques¬
tions of controversy arising between the parties hereto,
under the terms and provisions of this lease, and the award
of said arbitrators, when so made, shall be final and con¬
clusive between the parties hereto, touching the matters
decided therebv.
Art. 27. And it is hereby mutually agreed between the
parties hereto, that if the said arbitrators so appointed by
the parties aforesaid, or by the Judge of the United States
District Court aforesaid, shall fail to select an umpire, as
herein provided, in case of a disagreement between such
arbitrators, either of the parties hereto shall and maybe at
liberty, and have the right, to apply to the Judge of the said
United States District Court, for the time being, to appoint
an umpire, and such judge shall thereupon be authorized
to, and may appoint such umpire; and the umpire so
appointed bv him shall have the same power to make, and
his award touching all matters of controversy between the
c' v
150
said parties shall be as final and conclusive of the questions
disposed of thereby, to all intents and purposes, as if he,
the said umpire, had been appointed, in the manner herein
provided, by the arbitrators chosen by the parties hereto.
In Witness Whereof, the parties aforesaid have
caused these presents to be sealed witli their res¬
pective corporate seals, and to be signed by their
respective presidents and secretaries, 011 this thir¬
tieth day of April, in the year of our Lord one
thousand eight hundred and sixty-eight. Revenue
stamps of the United States, of the value of six
hundred dollars, having been affixed thereto before
signing the same.
[Signed]
The St. Louis, Jacksonville and Chicago Railroad
Company, by
GEORGE STRAUT, President.
The Chicago and Alton Railroad Company, by
T. B. BLACKSTONE, President.
151.
LEASE of the St. Louis, Jacksonville and Chicaf/o Kail-
road Compan y to the Chicago and Alton liailroad
Com pan y.
Whereas, The St. Louis, Jacksonville and Chicago Kail-
road Company are empowered, by the terms of their act
of incorporation, to build a branch, or branches, from their
main line to any other railroad with which it may be able
to make connection, so as with such other railroad to form
a continuous line, and in respect to such branch or branches,
to have all the power, rights and privileges, which they now
have in regard to their main line, or any part thereof. And
whereas, also, the said the St. Louis, Jacksonville and
Chicago Kail road Company, is authorized by its act of
incorporation, and the several acts of the General Assembly
of the State of Illinois, amendatory thereof, and supple¬
mental thereto, to grant to any other railroad company the
right to construct and use any portion of the road or
branches thereof, which they are, by said acts of the General
Assembly of the State of Illinois, authorized to construct,
and are also empowered, by said acts, to lease the same
when constructed, to the company so constructing the same.
And whereas, also, the said the St. Louis, Jacksonville and
Chi cago Kailroad Company, deeming it advisable for the
interests of their main line, that a branch of said line should
be constructed from some point on the main line of their
railroad, at or south of Jacksonville, to a point 011 the
Mississippi river, to be thereafter selected by its executive
committee, did, by a resolution duly passed, at a regular
meeting of their board of directors, held on the ninth day
O ' *
of June, a. n. 1s70, authorize their executive committee to
enter into a contract for the construction and completion
of said branch; and for such purpose, if necessary, to issue
die bonds of the said company, not exceeding the amount
152
per mile limited l>y their charter and prior obligations, and
to lease the said branch, so to he completed, in perpetuity
to the Chicago and Alton Railroad Company, upon sucli
terms and conditions as said committee miglit deem advan¬
tageous for the interests of said company. And whereas,
also, the Chicago and Alton Railroad Company is, by the
general laws of the State of Illinois, and by its act of
incorporation, by and with the consent,' in writing, of a
majority of its stockholders, authorized to acquire by lease,
purchase, or otherwise, any extension of its road necessary
and proper to its business. And whereas, also, the consent
in writing of a large majority of the stockholders of said
last named company has been obtained to the execution of
such contracts of lease as may be necessary to connect the
line of railroad now operated by it, with the system of
railways in the State of Missouri.
Xow, therefore, this agreement, made and entered into
this 12th day of Xovember, in the year 1870, in pursuance
of the powers above recited, and to carry into effect the
object and purposes expressed in the resolutions and action
of the stockholders, aforesaid, by and between the St. Louis,
Jacksonville and Chicago Railroad Company, party of the
first part, and the Chicago and Alton Railroad Company,
party of the second part, witnesseth, as follows:
1. The said party of the first part, for and in consid¬
eration of the covenants and agreements hereinafter
contained on the part and behalf of the party of the second
part, to be kept and performed, hereby covenants and agrees
to and with said party of the second part, its successors
and assigns, that it, said party of the first part, will at any
and all times hereafter, upon request of the party of the
second part, for such purpose exercise all and every of the
corporate rights and franchises conferred upon it, the said
first party, by its act of incorporation and the several acts
of the General Assembly of the State of Illinois, amendatory
thereof, and supplemental thereto, which may at any time
be necessary for the purpose of constructing, maintaining
and successfully operating a branch railroad from a point in
153
the main line of the railroad of the party of the first part,
at or near Roodhouse, in the State of Illinois, to a point 011
the Mississippi river, opposite the city of Louisiana, in the
State of Missouri. And the said party of the first part
hereby covenants, to and with said party of the second part,
its successors and assigns, that it, the said party of the first
part, shall and will from time to time hereafter, upon the
requisition of said party of the second part (the said party
of the second part paying all purchase money, damages
awarded in condemnation proceedings, costs and expenses
thereby incurred), procure all right of way, depot grounds
and other real estate which may be necessary and proper
for the construction, maintenance and successful operation
of the said branch railroad to be constructed, as hereinafter
provided, and the said party of the first part", hereby further
covenants and agrees, to and with said party of the second
part, that all real estate and other property so accpiired for
the use of said branch road shall be as fully subject to the
terms of the lease hereinafter provided, as though the same
were owned by and in possession of said party of the first
part, at the time of executing this instrument and fully and
particularly designated therein.
2. And the said party of the first part hereby, for itself,
its successors and assigns, further covenants, to and with the
said party of the second part, its successors and assigns,
that for the purpose of constructing said branch railroad,
and equipping the same when constructed, it, the said party
of the first part will, upon requisition of the party of the
second part for such purpose, issue and deliver to said party
of the second part, its first mortgage bonds to the amount
$15,000 per mile for every mile of main track of said branch
road built, or to be built, by said party of the second part,
as hereinafter provided, the said first mortgage bonds to be
issued under and secured by the provisions of a mortgage
executed by said party of the first part, 011 the 16th day of
March, in the year 1864, to Morris Iv. Jesup and J. P.
Giraud Foster, trustees, and to be numbered from 2,366
consecutively. And the said party of the first part hereby
further covenants, to and with said party of the second
154
part, its successors and assigns, that it, the said party of the
first part will, upon requisition made by the said party of
the second part, for such purpose, issue and deliver to said
party of the second part its second mortgage bonds to the
amount of $5,000 per mile for every mile of main track of
said branch railroad built, or to be built, as hereinafter
provided, by said party of the second part, the said second
mortgage bonds to be issued under and secured by the
provisions of a mortgage executed by the party of the first
part, on the 1st day of May, 1868, to Morris K. Jesup and
John Crerar, trustees, and that said second mortgage bonds
shall be numbered from Xo. 361 consecutivelv; and the said
party of the first part hereby further covenants and agrees,
to and with said party of the second part, its successors and
assigns, that it,' the said party of the first part, will not at
any time hereafter make any other issue of bonds than the
bonds provided to be issued under the terms of the two
mortgages executed by the party of the first part, hereinbe¬
fore mentioned and specified.
3. And the said party of the second part, for itself, its
successors and assigns, hereby further covenants and
agrees, to and with said party of the first part, its succes¬
sors and assigns, that it, the said party of the second part,
shall and will guarantee the payment of the principal and
interest of all of the bonds delivered by the said party of the
first part to said party of the second part, for the construc¬
tion and equipment of said branch railroad, as hereinbefore
provided, and that it, the said party of the second part,
will, at all times hereafter, pay to the holders of the said
bonds, at the time and place when and where the same
shall become due, according to the tenor and effect of the
said bonds, all coupons or interest warrants attached thereto
and issued therewith, and that it, the said party of the sec¬
ond part, shall and will pay to the persons holding said
bonds so issued to said second party, as aforesaid, the prin¬
cipal of each and every one thereof, at the time when the
said bonds shall become due and payable, according to their
tenor and effect. And it is hereby mutually covenanted
and agreed between the parties hereto, that none of the
155
bonds so delivered to said second party, as aforesaid, shall
be by said second party issued or put in circulation by said
second party without an endorsement thereon, duly execu¬
ted by said second party, guaranteeing the payment of both
principal and interest thereof at the time when the same
shall severally become due, and with a provision to be
inserted in said endorsement that the holder of said bond
or bonds, in consideration of the guarantee aforesaid, shall
waive the right provided in said bonds to convert the same
into the capital stock of the said party of the hirst part.
And the said party of the second part hereby further cov¬
enants and agrees, to and with the said party of the first
part, its successors and assigns, that it, the said party of the
second part, shall and will employ the said bonds so issued,
and the proceeds of any and all sales thereof, in and about
constructing and equipping the said branch railroad, as
herein provided.
4. And the said party of the second part hereby further
covenants, to and with said party of the first part, its suc¬
cessors and assigns, that upon the delivery to it, said second
party, by the party of the first part, of the bonds aforesaid,
it, the said party of the second part, will pay for all right
of way, depot grounds, and other real estate which may
have, necessarily, been purchased- or condemned by the
party of the first part for the construction of said branch
railroad, under this agreement, and that it will pay for all
other real estate which may at any time hereafter be pro¬
cured for the purposes of said branch railroad. And the
said party of the second part, for itself, its successors and
assigns, hereby covenants and agrees with said first party,
its successors and assigns, that it, the said party of the sec¬
ond part, will, within a reasonable time after procuring the
right of way necessary and proper for such purpose, and
using all diligence therefor, construct, complete and have
ready for operation the branch railroad aforesaid, and that
tlie branch railroad so constructed shall be, in every respect,
equal to the main line of the said party of the first part,
now leased and operated by the said party of the second
part.
156
5. And the said party of the first part, for and in con¬
sideration of the premises, and of the covenants and agree¬
ments herein contained, on the part and behalf of the party
of the second part, its successors and assigns, to he kept
and performed, and the sum of one dollar to it in hand paid
by the said party of the second part, hereby grants, demises
and leases, unto the said party of the second part, its suc¬
cessors and assigns, all and singular the railroad Ivinur
between a point on the main line of the railroad of said
first party, at or near the town of lioodhouse, in the State
of Illinois, and a point 011 the Mississippi river opposite to
the city of Louisiana, in the State of Missouri, so to be
constructed and completed as aforesaid, together with all
the appurtenances thereof, and all real estate now or here¬
after acquired by the said party of the first part for the use
of said branch railroad so demised. To have and to hold the
said premises unto the said party of the second part, its
successors and assigns, forever, subject, however, to the
covenants, agreements and conditions in this instrument
contained, 011 the part and behalf of the said party of the
second part, its successors and assigns, to be kept and
performed.
6. And it is mutually covenanted, agreed and under¬
stood, between the parties hereto, that the consideration
for the demise aforsaid is the construction and completion,
by the said party of the second part, of the branch railroad
hereinbefore provided to be built, the.equipment and opera¬
tion thereof, when completed, by the party of the second
part, as hereinafter provided, the traffic hereinafter provided
to be given to the main line of the railroad of the first
party from the road herein provided to be built, and the
payment, by the said party of the second part, of the prin¬
cipal and interest of the bonds delivered to it, the party of
the second part, by the party of the first part, as herein¬
before provided. And it is further distinctly understood
and agreed, that the said party of the second part shall not
be bound, at any time to pay to said party of the first part
any other or further rental for the branch road so demised,
«/<
as aforesaid.
4
157
7. And it is further mutually understood and agreed
between the parties hereto, that upon the payment of the
principal and all interest of the bonds aforesaid, by the said
party of the second part, as hereinbefore provided, the said
party of the second part shall have the right to forever con¬
tinue in possession of and to operate said branch railroad
so constructed, without payment of any rental whatever
therefor, to the party of the first part, its successors or
assigns.
8. And the said party of the second part, for the con¬
siderations aforesaid, hereby, for itself, its successors and
assigns, covenants and agrees to and with the said party of
the first part, is successors and assigns, that it will, at all
times hereafter, guarantee and save harmless the said party
of the first part, its successors and assigns, of and from all
claims for damage of any nature and kind whatever, which
may arise or grow out of the construction of said branch
railroad. And the said party of the second part hereby
further covenants and agrees, to and with said party of the
first part, that it, the said party of the second part, shall
and will equip, maintain and operate said branch railroad
so constructed, forever, in connection with the main line of
the party of the first part, now leased and operated by the
party of the second part.
9. And the said party of the second part hereby further
covenants and agrees, to and with the said party of the first
part, that it, the said party of the second part, shall and
and will, at all time, hereafter, pay off and discharge all taxes
and assessments of everv kind and nature whatever, whether
«/ J *
Federal, State, county or municipal, which are, or may
hereafter be assessed against said branch railroad, herein¬
before demised, or any part thereof, and all taxes assessed
against it under the revenue laws of the United States, at
the time when the said taxes shall be due and payable, and
that it, the said party of the second part, will, at all times
hereafter, guarantee and indemnify the party of the first
part against all claims for damage growing out of the oper¬
ation of said branch railroad herein demised, and that it,
the said party of the second part, will pay off and satisfy
158
all damages which may be assessed against either of the par¬
ties hereto, growing out of the operation of said branch
railroad, whether the same be founded 011 claims for non¬
performance of duty as common carriers of passengers or
freight, injuries to cattle 01* other animals along the line of
said demised railroad, losses arising from fires communi¬
cated along said line of railroad from the locomotive
engines used thereon, or from any other cause whatever,
which may hereafter occur in the conduct of the business
and traffic of said line of railroad. And the said party of
the second part, as a further consideration for the execu¬
tion of this lease, hereby further covenants, to and with
said party of the first part, its successors and assigns, that all
freights and passengers which may, at anytime, be brought
upon the line of railroad herein provided to be built, from
points west of the junction of the said railroad with the
main line of the road of said first party, now leased and
operated by the party of the second part, shall be carried
to their destination over said main line of said first party's
railroad, and that all freights and passengers destined for
points reached by the line herein provided for, or its con¬
nections, shall be brought to said road over the main line
of the railroad of the party of the first part, and that the
main line of the railroad of the party of the first part
shall receive and have the benefit and advantage of all
traffic,of any kind which shall be transacted upon the rail¬
road herein provided to be built."
1 10. And it is lierby mutually covenanted and agreed,
between the parties hereto, that all freights and passengers,
whether originating on the railroads which are now or may
hereafter be operated by either of the parties hereto, or
coming upon either of said roads from other railroads,
shall, in the absence of any special agreement between the
parties to the contrary, be carried to their destination by
the shortest route between said points measured on the
lines of the railroads of the parties hereto, and all tickets
shall be issued to passengers by the shortest route measured,
as aforesaid, to their destination, unless the passenger him¬
self .make request to the contrary, and in cases where
1.39
freight or passengers have been carried over the branch
railroad so built, as herein provided, and over the road of
the party of the first part, now leased and operated by said
party of the second part, the earnings shall be estimated
strictly according to the number of miles which the said
freight or passengers shall have traveled in each case, on the
respective railroads of the parties hereto, and the amount
to be credited to the road of either party shall, in every
case, bear the same ratio to the freight earned that the
number of miles passed over on the road or roads of either
party in earning the same bears, to the entire number of
miles traveled in earning the same.
11. And the said party of the first part hereby further
agrees, to and with said party of the second part, that it,
the said party of the first part, will at no time hereafter,
do, cause or permit to be done, any act which will incur a
forfeiture of its franchises as a corporation, and that it, the
said party of the first part, will at all times hereafter, main¬
tain and keep in existence its organization as an incorpora¬
ted company, under the laws of the State of Illinois, and
that for such purpose it will do all acts necessary therefor,
and that it will omit 110 act required to be done by its act of
incorporation, or which may be requisite for such purpose
under any law of the State of Illinois regulating railroad
companies.
12. And the said party of the first part hereby further
covenants, to and with said party of the second part, that
it, the said party of the first part, will, at any time here¬
after, give and make such further and other conveyances
and assurances as may be necessary and proper to carry into
full effect all the objects and purposes of this agreement.
13. And it is hereby further mutually agreed and under¬
stood, between the parties hereto, that in case the party of
the second part shall, at any time hereafter, from any cause,
lose its corporate powers by the forfeiture of its charter, or
if the said party of the second part shall, at any time, in
any manner, be divested of the title or control of its cor¬
porate property and interests, or if the said second party
11)0
shall fail, for the space of sixty days after the same shall
become due and payable, to pay to the holders of the bonds
of the party of the first, part, issued, as hereinbefore pro¬
vided, the principal or any interest upon the said bonds, as
the same shall fall due, or if it, the said party of the second
part, shall neglect or omit the performance of any one or
more of the covenants contained on its part to be performed,
materially affecting or jeopardizing the rights or interests
of the party of the first part, and if it, the said party of
the second part, shall continue in, and be guilty of, such
neglect and omission, for the term of sixty days after the
service of written notice, specifying the particular covenant
or covenants, in respect to which a breach shall be- com¬
plained of, by the said first party, the said party of the first
part may, at its option, declare this indenture at an end,
and into and upon said demised premises, or any part
thereof, either with or without process of law, re-enter, and
the said party of the second part, or any person or persons
occupying the same, expel, remove and dispossess, using
such force as may be necessary in so doing, and the said
demised premises, and every part thereof, again repossess
and re-enjoy, in which case the said party of the second
part doth hereby covenant and agree to surrender and
deliver up the said demised premises, and every part
thereof, peaceably to the party of the first part, its succes¬
sors or assigns, or the said party of the first part may take
such means of redress by suit, brought to enforce the specific
performance of this agreement, or such, other remedy, in
any court of record having equitable jurisdiction, as it may
be advised, and which shall be agreeable to equity and
justice.
- 14. And it is mutually agreed, between the parties
hereto, that if, at any time hereafter, any disagreement
shall arise between them, as to the proper construction of
any of the articles of this agreement, and which said dis¬
agreement cannot be adjusted and settled by the respective
officers of the two corporative parties hereto, or, in case
any difference shall hereafter exist between the parties
hereto, as to the fulfillment or non-fulfillment of any of the
101
agreements or covenants herein contained, or in regard to
any other matter or thing connected with the occupation
or operation, by the party of the second part, of the branch
railroad hereby demised, then, and in every such case, the
question or questions, so arising, shall be submitted to the
arbitration of two disinterested persons, skilled in the
business of conductiim and managing railroads, one of
o O O /
whom shall be chosen by each of the parties hereto, and
the arbitrators, so chosen, shall have power and authority
to make a final adjustment and decision of such questions
of difference or disagreement, between the parties hereto,
and their award, when made, shall be final and conclusive,
between the parties hereto, of the matters and things by
them so determined.
15. And it is further mutually agreed, between the
parties hereto, that in case the arbitrators so chosen, as
aforesaid, shall fail to agree upon the adjustment of the
question or questions so submitted to them, as aforesaid,
then, and in such case, the two arbitrators so selected, as
aforesaid, shall choose an umpire, who shall be a disin¬
terested person, skilled in the conduct of railways, and the
award of the umpire so chosen, when made, shall be final
and conclusive as to the questions decided by him.
16. And it is further agreed between the parties hereto,
that in case either of the parties hereto shall fail to nomi¬
nate and appoint an arbitrator, in accordance with the fore¬
going articles of this agreement, for the space of ten days
after notification, in writing, from the other party, of the
breach of covenant or disagreement complained of, and
requisition upon it to appoint an arbitrator, in accordance
with the provisions of this agreement, then, in such case, it
shall be lawful for the party seeking the arbitration to apply
to the Judge of the United States Court, for the time being,
of the Northern District of Illinois, and the said judge
of said court, upon such application, shall and may
appoint an arbitrator on the part and behalf of the party
so failing or refusing to appoint, as aforesaid, and the
arbitrator so appointed by the said judge, and the arbitrator
nominated by the party making the application, siiall have
13
ID -2
power to finally determine all questions of controversy
arising between the parties hereto, under the terms and
provisions of this lease, and the award of said arbitrators,
when so made, shall be final and conclusive between the
parties hereto, touching the matters decided thereby.
17. And it is hereby mutually agreed, between the parties
hereto, that if the arbitrators so appointed by the parties
aforesaid, or by the Judge of the United States District
Court aforesaid, shall fail to select an umpire, as herein pro¬
vided, in case of disagreement between such arbitrators,
then, in such case, either of the parties hereto may be at
liberty and shall have the right to apply to the Judge of
said United States District Court, for the time being, to
appoint an umpire, and said judge shall thereupon be
authorized to and may appoint such umpire, and the umpire
so appointed by him shall have the same power to make,
and his award, when made, touching all matters of contro¬
versy between said parties, shall be as final and conclusive
of the questions disposed of thereby, to all intents and pur¬
poses, as if he, the said umpire, had been appointed by the
arbitrators themselves in the manner hereinbefore provided.
In Witness Whereof, the said parties have caused
their respective corporate seals to be attached
hereto, and their respective presidents to subscribe
this instrument, this twelfth day of November, a.
d. 1870.
The St. Louis, Jacksonville and Chicago Railroad
Company, by
GEORGE STRAUT, President
[Seal St. L., J. & C. R. R, Co.]
Attest: D. B. HOWARD, Secretary.
The Chicago and Alton Railroad Company, by
T. B. BLACKS TONE, President.
[Seal C. & A. R. R. Co.]
Attest: W. M. LARRABEE, Secretary.
V
i m
Duly acknowledged by president and secretary St.
Louis, Jacksonville and Chicago Railroad Com¬
pany, the 11th February, 1871, before
VM. S. HOOK, X. P.
pulv acknowledged by president and secretary of
K O V i «
the Chicago and Alton Railroad Company, the
18th January, 1871, before
CHARLES II. FOSTER, X. P.
t
] 04
Corporators.
AN ACT to -incorporate the Hamilton, La con and East-
In fore. March " lUlUlOCoMJHttlf/.
1 > 1867.
Section 1. Be it enacted by the people 0/ the State of
Illinois, represented in, the General Assembly, That 11. W.
McLawrie, B. T. 0. Hubbard, Henry Gr. Hardin, James St.
C. Boal, James F. Callen, Xinian M. Laws, Aaron X. Hart,
Paul Cornell, and Nehemiah Edson, their associates, succes¬
sors and assigns, be and they are hereby constituted a body
politic and corporate, by the name and style of " The Ham¬
ilton, Lacon and Eastern Railroad Company," and by that
corporate name name shall have perpetual succession, with power to con-
ancl powers.
tract and be contracted with, sue and be sued, plead and be
impleaded in all courts and places; to adopt a common
seal, and alter the same at pleasure; to adopt such by-laws,
rules and regulations as they may deem expedient, and to
have and exercise all other rights and powers necessary to
carry out the provisions and intentions of this act.
Sec. 2. Said company is hereby authorized and empow-
„ . ered to locate, build, construct, maintain, equip, operate,
Business Powers 7 7 7 7 1 1 ' i '
and continue to operate a railroad from Hamilton, in Han¬
cock county, Illinois, by the most eligible and practicable
route, through or near Lacon, in Marshall county, to or
near Monee, in Will county, Illinois. Said company, in
laying out, locating, building, constructing and operating
said railroad, may cross any railroad or railroad line now
laid out, or hereafter laid out in this State, and may con¬
struct said railroad across any stream of water, water
course, road or highway, street, alley or canal, in such
manner as not materially to obstruct the same; and may
unite, intersect or connect said railroad at or near Monee,
with any railroad running in an eastern or northeastern
direction, or with any railroad it may cross on its route, or
at its termination, running in the direction of Chicago:
Pi -orided, however, and it is herein forbidden to said com-
/
165
pany to consolidate said railroad with any other railroad of
a competing1 direction, or for the purpose of preventing
competition. Said company shall have the right to pur¬
chase, hold, lease, sell and convey real estate and personal
property, so far as the same may he necessary to carry out
the provisions and intentions of this act; and they may Bell
and dispose of the same whenever not required for the
purposes of their business.
Sec. 3. Said company shall have the right to lay out Posscssion and
and establish their railroad, not exceeding; one hundred feet of lands,
in width, through the entire line thereof, and may take and
appropriate to their own use all land necessary for the line
and construction of - said railroad, by first paying therefor
such amount of damages as shall be agreed upon between
said company and the owner or owners of said land, and in
case of disagreement, their paying, or tendering therefor,
such damages as shall have been settled by appraisal, in the
manner hereinafter provided, on all such lands as may be
taken by said company; and for the purpose of cutting
and making embankments, obtaining stone, sand, gravel or
other material, said company may take and appropriate so
much more land as may be necessary for the proper con¬
struction, maintenance and security of said railroad; and
for the purpose of constructing shops, depots, side tracks
and other conveniences and suitable fixtures, in connection
with appurtenances to said railroad, may take, have, use
and occupy any lands on either side of said railroad, not
exceeding two hundred feet in width—said company taking
all such lands by gift or purchase, or making satisfaction
for the same in the manner hereinafter provided. And it
shall be lawful for said company, at any time or times
hereafter, to project and extend, from any point or points
of their said road, branches or sidetracks thereof, to any
coal or mineral bed or beds, or mines, in the respective
vicinity, with the necessary appendages, which shall be laid
out, built and governed, and rights of way and other
ground obtained therefor, under and according to the pro¬
visions of this act; and the same shall be treated in all
respects as a part of the main line.
166
Lands taken. kSEC• 4. ^ said company can not agree with the owner
or owners of land which it may he necessary to take, for
♦. *<■
the purposes aforesaid, so as to procure the same by deed or
the voluntary act or gift of such owners of land, or if the
• C '
owner or occupier, or either of them be femme covert, infant,
non compos mentis, unknown, or out of the county in which
the land wanted may be situated, then the same may be
taken and paid for, if any damages be awarded, in the
manner provided for in "An act to provide for a general
system of railroad incorporations," approved November 5,
Property in the 1849, and the amendments thereto. The right of way and
other real estate purchased by or donated to said company,
for any of the purposes aforesaid, shall be held by them in
fee simple; and any rights of way or real estate taken, con-
* t> o •• '
d em lied, or appropriated, as aforesaid, upon the payment
or tender of the amount of damages awarded, shall also be
held by said company in fee simple.
, . , , Sec. 5. The capital stock in said company shall be two
Capital stock. # _ 1 .
millions of dollars, which may be increased to any extent
considered necessary, by said company, to complete, con¬
struct and operate said railroad; and shall be divided into
shares of one hundred dollars each. And the said company
uf is hereby authorized to receive, in payment for stock, any
land lying within ten miles of their said railroad line; and
whensoever the directors of said company may deem it
expedient to sell and convey said lands, the corporators
named in the first section of this act, or a majority of them,
Subscription to shal 1, at: theiv option, cause books to be opened for sub-
stock. scription to the capital stock of said corporation, divided
into shares of one hundred dollars each, at such times and
places as they determine; and it shall be lawful for any
person, of lawful age, to subscribe any amount to the capi¬
tal stock of said company.
pavmcms Sec. (>. The corporators of said company may require
such-subscriber to pay such an amount, at the time of sub¬
scribing, not exceeding five dollars 011 each share subscribed,
as thev or a majority of them mav determine.
Sec. 7. As soon as one hundred thousand dollars of the
Directors,
capital stock shall be subscribed, the corporators herein
167
named, or a majority of them, shall call a meeting of the
stockholders for the election of live directors, who shall he
stockholders, of which meeting twenty days' notice shall NotHlcat,uns-
' O «/ «,
he given, by publication in one or more papers, published
in Marshall county; and said election shall be conducted by
t. 7
and under the direction of two judges, appointed by the judges of.
stockholders who may be present; and the persons having
a plurality of votes shall be declared elected such directors.
Each stockholder shall be entitled to one vote for every
share he or she may hold, and every person entitled to vote,
may vote by written proxy. Whenever the sum of one
hundred thousand dollars shall be subscribed, the said cor-,. . .
' Construction of
poration may commence to construct and complete their road,
said railroad.
Sec. 8. As soon as the said five directors shall be elected, officers,
they shall immediatly, from their number, choose a presi¬
dent, secretary and treasurer, who shall hold their offices
for the period of one year, and till their successors are
duly elected and qualified. It shall be the duty of the
secretary, whenever required by the president, to call meet- Directors,
ings of the board of directors; and notice thereof shall be
given in the manner prescribed by the president. The sec¬
retary shall keep the books of said company, and shall
keep a correct record of all the acts and doings of said cor¬
poration.
Sec. 9. All elections, after the first, for officers of said Eleclions
corporation shall be held on the first Monday of April,
annually, under the direction of two stockholders, not
directors at the time, to be appointed by an order of the
board, at a previous meeting: Pro tided, that the said board
of directors may cause elections to be held on any other
day, should there be no election on that day; and all elec¬
tions shall be held at the office of said company, which may office,
be established wherever the board of directors may deter¬
mine, and which said board may remove at pleasure. The
directors elected, as aforesaid, shall continue in office for one
year, and until their successors are elected and qualified,
and a majority shall form a quorum to do business.
168
indebtedness. Sec. "10. The said board of directors is hereby author¬
ized, from time to time, to borrow such sum or sums of
money as may be necessary for completing, equipping, fur¬
nishing, maintaining, operating, or altering their said rail¬
road, arid to issue and dispose of their bonds, at any rate
of interest not exceeding ten per cent, per annum, and at
such discount as mav be thought for the benefit of the com-
pany, and to mortgage their corporate property and fran¬
chises, or execute deeds of trust 011 the same, or any part
thereof, or any other property or effects, rights or credits of
the said company, to secure the payment of any debt con¬
tracted by said company for the purposes aforesaid, or any
of them; and the directors of said company may, at any
time, confer on the holder of any such bonds the right to
convert the amount due or owing thereon into stock of said
company, and any such bonds that may be sold or disposed
of at a less rate than par, shall be valid and binding upon
said company as if the same were sold for the par value
stock transfer-thereof. And the capital stock and shares of said company
able, etc;. shall be deemed and held to be personal property; and may
be sold and transferred upon the books of said company in
the manner and form prescribed by the by-laws.
... Sec. 11. Said comnanv shall have the right to erect a
bridge privileges it, o
suitable bridge for the passage of its cars across or over the
Illinois river, or other navigable stream, so as not mate¬
rially to obstruct the navigation thereof.
Construction of ^Kc- 12. This act shall be deemed and taken to be a
«t. public act, and shall be construed beneficially for all pur¬
poses herein specified or intended, and shall take effect and
he in force from and after its passage.
Approved March 7, 1867.
169
AX ACT to-a uthorize the counties of Woodford, La Salle
and Jjiviuf/ston, and the townships, cities, incorpo- forc> March
rated towns and corporations in said counties, to sub- 6 l86-
scribe to the capital stock of any railroad company that
note is or hereafter may be incorporated in the State of
Illinois.
Section 1. Be it evaded by the people of the State of Illi¬
nois, 'represented in the General Assembly, That the counties of
Woodford, LaSalle and Livingston, and the townships,
cities, incorporated towns and corporations in said coun¬
ties, that now are or hereafter may be organized in said Corporation
counties, may become subscribers to the capital stock of subscription,
any railroad that now is or hereafter may be incorporated
in this State, and may issue bonds for the amount of such
stock so subscribed, with coupons for interest thereto
attached, under such limitations and restrictions and on
such conditions as to them may seem right for the best
interest of said counties, townships, cities, incorporated
town or other incorporation, any, all or either of them, and
the directors of said railroad company may approve of the
proposition for any such subscription, the same having first
been submitted to the legal voters of such county, town¬
ship, city, incorporated town or other corporation, as afore¬
said, and approved by a majority of said legal voters, whoSubmitted to
may vote upon the question, and upon the application of legalvoSerh-
twenty legal voters and tax payers of any county, town¬
ship, city, Incorporated town, or of three members of any
corporation as aforesaid, specifying the amount to be sub¬
scribed, said amount not to exceed the sum of oue hundred Amount of sub-
thousand dollars, for any one such county, township, city, scnptlon"
incorporated town or other corporation, to be subscribed
for any one railroad company (and the amount that any
corporation may vdte to subscribe shall be left to said cor¬
poration, and the railroad company in which said corpora¬
tion takes stock); and the condition of said subscription
shall be set forth in said application, and it shall be the
170
Duties of clerks, duty of tlic clerk of nliy such county, township, city, incor¬
porated town, or other corporation, immediately to call an
election hy posting up notices at least twenty days, in each
township or voting place, in said county, if the vote is to
he taken by a county, or if by a township, then by the
clerk of said township, in three of the most public places in
said township, or if by a city, at three of the most public
places in said city, or if by an incorporated town, at three
of the most public places in said incorporated town, or if
by a corporation, then at the usual places of holding elec¬
tions in the State for the election of their corporation
officers. Said election shall be held for the purpose of
determining whether said county, township, city, incorpo¬
rated town or corporation, shall subscribe to the stock of
the railroad company, named in said call and notices; and
. if a majority of said voters, voting at said election, shall be
for subscription, then the county court or board of super-
Dutics of super-visors, having jurisdiction over the county matters of said
visors. county, or the corporate authorities of such city, incorpo¬
rated town, or supervision of such township, or the presi¬
dent of such corporation shall make or cause to be made,
said subscription to said capital stock of said railroad
company, and upon said subscription so voted being
accepted or received by the directors of said railroad com-
Bonds to be pany, shall cause bonds to be issued in compliance with
.ssued—rateofvote, which bonds shall, in 110 case, bear a higher rate
interest. " ' ' ©
of interest than ten per cent, per annum, and said interest
shall be paid out of the treasury of the county in which any
of the said townships, city, incorporated towns or corpora¬
tion shall be located, and said bonds shall not be for a less
amount than one hundred dollars, each of which said bonds
may run for a term of years not exceeding twenty:
Proviso Provided, each county, township, city, incorporated town
or corporation, may, by their votes determine on what part
of said railroad their stock, so bv them voted and sub-
' t.;
scribed, shall be expended, and said bonds shall be accepted
by said railroad company, at their face or at par value.
Sec. 2. It shall be the duty of the clerk of any town¬
ship, city, incorporated town or other incorporation, to
171
return the poll book of said election, so held in such Return Df poii
township, city, or incorporated town, or other corporation, book-
together with a certificate of the result of said election, to
the county clerk of the county or counties, in which said
township, city, or incorporated town, or other corporation
may be located, within ten davs after said election. And
7 t
if a majority of the legal voters of such county, township,
city or incorporated town, shall have voted for said sub¬
scription, then it shall be the duty of the county clerk of
each county in which any such town, city or incorporated
town has voted such stock, to annually thereafter cause to
he computed and extended on the taxable property, bothTaxable p^p-
real and personal, returned by the assessor of each county, cxt"' e
township, city, incorporated town, or other corporation
which have voted to subscribe for anv such stock, a sum
sufficient to pay the interest 011 all such amounts so voted
and named in the bonds so issued by the respective coun¬
ties, townships, cities, incorporated towns or other
corporations, which tax shall be collected as other taxes,
and when collected, shall be paid into the county treasury
as other county taxes.
Bec. 8. It shall be the dutv of said county treasurer to,
" . ^ 1 reasurer's dutj
pay out the same, on the presentation to him, of the bonds
or bond so issued by any county, township, city, incorpo¬
rated town or corporation, as aforesaid, the amount due on
each of said bonds, as interest, out of any money or moneys
in his hands for that purpose, and receive the interest
coupons then due, as vouchers for the same. He shall also
keep a separate account with each county, township, city,
incorporated town or corporation, which account shall, at
all times, be subject to inspection of all persons interested.
Sec. 4. At all elections for officers, or other questions .
A Elections and
to be voted upon, by the stockholders of said railroad cor- voting,
porations, in which said stock is taken, the chairman of the
board of supervisors, the supervisors of said town, the
mayor of said city, the president of said incorporated town,
and the president of said corporation, or by proxy of either
of the aforesaid, shall represent and cast the votes which
said stock, so subscribed, is entitled to.
Mistakes.
172
Sec. f>. Tt is further enacted tlifit no mistake in the
giving of the notice, or in tl 1 e canvass, or return of votes,
or in tlie issuing of the bonds, shall not in anv wav inval-
idate the said bonds, so issued: Prodded, that there is a
majority of the voters at such election in favor of such
subscription.
Sec. 0. This act shall he deemed a public act, and shall
take effect from and after its passage.
Approved March. 6, 1867.
AN ACT to authorize the incorporated towns and town¬
ships in the counties of Livingston9 La Salle and
f°869 M<irch Marshall to subscribe to the capital stock of the
Hamilton, Laeon and Eastern Railroad Company.
Section 1. Be it enacted, by the 'people of the State of llli-
subscribestock "°'s> rePresetiled in the General Assembly, That any incorpo¬
rated town or township of any county, through or near
which the Hamilton, Lacon and Eastern Railroad Company
may he located or about to he located, is hereby authorized
and empowered, by a vote of the people of the same, to
subscribe to the capital stock of said company any sum hot
to exceed one hundred thousand dollars each; which vote
of the people shall he ascertained by an election held in
the manner prescribed by and in conformity with the pro¬
visions of an act entitled "An act to authorize the counties
of Woodford, LaSalle and Livingston, and the townships,
cities and incorporated towns and corporations, in said
counties, to subscribe to the capital stock of any railroad
company that now is or hereafter may be incorporated in
the State of Illinois," approved March 6, 1867.
Duty of county ^EC- -• It shall he the duty of the clerk of each town-
dok. ship which may have or may hereafter subscribe to the
capital stock of said railroad company, to keep, in dupli¬
cate, a complete register of the bonds issued, showing their
numbers, amount, date and rate of interest, and deliver
one copy of the same to the county clerk of his county.
173
i
Sec. 3. Collectors shall he allowed not to exceed one compensation,
per cent, on all taxes collected, to pay the interest and
principal of said bonds, and treasurers not to exceed one-
half of one per cent, for receiving and paying out the
same.
Sec. 4. This act shall be deemed a public act, and be in
force from and after its passage.
Approved March 5, 1869.
\
174
DIGEST of the General Hail road Laws of Illinois,
I. Actions Against.
Sec. 1. Actions Brought Against.
_ o # o
44 6. Lien Allowed Against.
IT. Connections—Transfers.
Sec. 8. Contracts and Transfers.
" 9. Leasing of Roads, Lands, etc.
44 10. Of Making Connections.
44 11. Connections at Bridges.
44 12. Crossings and Intersections.
" 13. Transfer of Freight and Grain.
44 14. Penalty Imposed.
III. Consolidations.
Sec. 15. Of Railroads and Plankroads.
44 17. Increase of New Stock.
44 23. With Roads Beyond this State.
" 24. Conditions of Consolidation.
IV. Fencing.
Sec. 25. Company Required to Fence.
44 26. Owner to Fence.
44 27. Penalties Imposed.
" 28. Notice by the Owner.
" 29. Road Failing to Build.
44 30. Time of the Notice.
V. Injuries—Obstructions.
• Sec. 31. Penalties for Obstructions.
" 32. Displacing Switch or Signal.
44 34. Other Penalties Imposed.
VI. Organizations.
Sec. 39. Formation of Companies.
" 42. Their Corporate Powers.
44 44. The Choice of Directors.
" 46. Annual Meeting of Stockholders.
44 47. Annual Statement Made.
44 49. Payments on Stock.
44 * 51. Transfer of Stock.
44 52. Liability of Stockholders.
44 53. Stock Being Paid up.
44 54. Concerning the Dividends.
44 56. Stock Held by Executors.
44 57. Voting by Executors.
44 58. Map and Profile.
44 59. List of Corporate Powers,
175
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Sec. 60. Petition to the Legislature.
Condemnation of Lands.
Duty of the Commissioners.
The Rule of the Court.
61. Infants and Unknown Owners.
" 62. Relocation of the Line.
63. Crossing Road or Highway.
64. State Lands Required.
65. Badges of Officers.
66. The Annual Report.
68. Taxation of Property.
" 69. Lien of the State.
Lien of Individuals.
" 70. Rates of Fare and Freight.
" 71. United States Mail.
u 72. Refusing to Pay Fare.
" 73. Time Tables and Accommodations.
74. Company Refusing to Transport.
75. Of Making up Trains.
u 76. Bells and Whistles on Engines.
" 78. Sign Boards at the Crossings.
" 79. Train Officer Intoxicated.
" 84. Application of this Act.
VII. Rates Uniform.
Sec. 85. Rates to be Reasonable.
" 87. Same to be Posted.
" 88. Rates to he Fixed.
" 89. Loading and Unloading.
90. Penalties Imposed.
92. Including Illinois Central.
VIII. Subscriptions—Loans.
Sec. 93. Subscriptions in Aid.
97. Issue of Bonds.
98. Of Borrowing Money.
99. Speed of Trains.
102. Classification of Directors.
103. Fires Caused by Engines.
104. Taxation of Property.
IX. State Taxes.
Sec. 105. To be Set Apart.
" 106. Registration of Bonds.
" 107. Certificate Made Out.
" 108. Interest on the Bonds.
109. Application of Taxes.
110. In Case of Surplus.
111. Conditions of Registration.
112. County Directors Appointed.
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176
Sec. 113. Duties of the Auditor.
" 114. Payment, hy the Auditor.
" 115. Act to Cease.
" 116. Collector's Bonds—Fees.
X. Crossings.
Sec. 117. Railroads to Maintain.
" 118. Duty of Surveyors.
" 119. Xotices to he Binding.
" 120. After Xotice Received.
" 121. In Case of Disagreement.
" 122. Report to be Made.
" 123. If the Company Xeglect.
" 124. Flagman and his Duties.
" 126. Penalties Against Surveyor.
XI. Railroad and Warehouse Commission.
Sec. 127. Appointment of Commissioners.
" 128. Who May he Commissioners.
" 129. Oath and Bond Required.
" 130. Compensation of Commissioners.
" 131. Allowed to Pass.
" 132. Annual Report of Each Company.
" 133. Additional Interrogatories.
" 134. Scope of the Act.
" 135. Statement by Warehousemen.
" 136. The Commissioners' Annual Report.
" 137. Further Duties of Commissioners.
" 138. Warehouse Licenses Canceled.
" 139. Power in Making Examinations.
" 140. Power as to Witnesses.
" 141. Witness not Obeying Suhpena.
" 142. Penalties Against Railroad Companies.
" 143. Duty of the Attorney General.
Duty of State's Attorneys.
" 144. Concerning all such Prosecutions.
" 145. Private Damages.
XII. Transportation of Freight.
Sec. 146. Freights to he Uniform.
" 147. "Railroad Corporation" Defined.
" 148. Rates of 1870 the Standard.
u 149. Penalty for a Violation.
" 150. Forfeiture of Franchises.
XIII. Transportation of Passengers.
Sec. 151. Rates of Fare Limited.
" 152. Classification of Railroads.
" 153. Lawful Rates of Fare.
" 154. Act to be Posted Up.
4C 155. Penalty for Violation.
ITT
Sec. 156. Forfeiture of Franchises.
" 15T. Street Railroads Excepted.
XIY. State Taxes—Duty of Auditor.
Sec. 158. Apportionment of the Surplus.
u 159. Tax on Railroad Property.
Such Tax to be Deducted.
I. ACTIOXS AGAIXST.
Laws 1858, 65. 12 Feb. Sec. 1. P. 146. S. 148. 1. Ac¬
tions Brought Against.] Actions at law or in chancery
may be brought against any railroad company in any cir¬
cuit court in any county in this State, through which any
railroad of such company may be located.
J bid. Sec 2. 2.] In all cases at law or in chancery any
person may commence an action or actions against any rail¬
road company by filing in the clerk's office of the circuit
court in which such action or actions shall be instituted, a
declaration or bill in chancery, as the case may be, and by
giving notice to said company of the filing of said declara¬
tion or bill in chancery, by at least four successive publica¬
tions of said notice in a weekly newspaper published in the
county (or, if no newspaper be published in the county,
then in the newspaper published in the nearest county)
where said action shall be brought, the first of which pub¬
lications shall be at least sixty days previous to the first
day of the next succeeding term of said court.'
Ibid. Sec 3. 3.] In all cases instituted under the provi¬
sions of this act, the said circuit court shall have the same
power and authority to hear and determine the same, as in
other cases at law or in chancery; and the filing of a dec¬
laration or bill in chancery, and the publication of notice
as in Sec. 2 of this act named, shall be deemed and taken
as sufficient notice to said company of the pendency of said
action.
Ibid. Sec. 4. 4.] All judgments and decrees recovered
against any railroad company, as aforesaid, shall have the
same force and effect as other judgments at law, or decrees
in chancery.
v
1A
ITS
Ibid. See. (j. 5.] All actions instituted under the pro¬
visions of this act shall he commenced and prosecuted in
the counties where the cause of action accrued, and not
otherwise.
Laws 18G1, 142. 22 Feb. Sec. 1. 6. Lien Allowed
Against.] All persons who may have furnished, or who
shall hereafter furnish to any railroad corporation, existing
under the laws of this State, any fuel, ties, materials, sup¬
plies, or any other article or thing*, necessary for the
construction, maintenance, operation or repair of such
roads, by contract with said corporation, or who shall have
done and performed, or shall hereafter do and perform, any
work or labor for such construction, maintenance, opera¬
tion or repair, by like contract, shall be entitled to be paid
for the same, as part of the current expenses of said road,
and, in order to secure the same, shall have a lien for three
months after the right of action accrues upon all the prop¬
erty, real, personal and mixed, of said railroad corporation,
as against all mortgages,-or other liens which accrued after
the commencement of the delivery of said articles, or the
commencement of said work or labor.
Ibid. Sec. 2. 7.] In case within the three months,
heretofore limited, the party furnishing* such article or
tiling, or performing such work or labor, shall commence
suit for the recovery of such debt, in any court of record,
then the lien hereby created shall continue until the same
has been decided by said court; and, if the judgment be
against said corporation, until an execution thereupon
issued shall he satisfied or released by the plaintiff.
II. COXXECTIOXS—TRAXSEERS.
Laws 1858, 222. 12 Feb. [15 Apr.] Sec. 1. P. 1075. S.051.
8. Companies Contracting for the Pse of Cars—Trans¬
fer of Passengers, Etc.] All railroad companies incorpo¬
rated, or which may be hereafter incorporated, under
the authority of this State, the lines or routes of
winch railroads mav connect with or cross each other,
170
shall have power to make contracts or arrangements with
each other, for the use of each other's engines, machinery,
or cars, as also for the mutual transportation of materials,
merchandise and passengers upon and along the lines of
each other's roads, upon such terms as may he mutually
agreed upon between any such corporations.
Pr. Laws 1855, 304. 12 Feb. [1(5 Apr.] Sec. 1. Par. 1078.
9. Leasing of Loads, Lands and Buildings.] All railroad
companies incorporated or organized under, or which may
be incorporated or organized under the authority of the
laws of this State, shall have power to make such contracts
and arrangements with each other, and with railroad cor¬
porations of other States, for leasing or running their roads,
or any part thereof; and also to contract for and hold in
fee simple, or otherwise, lands or buildings in this or other
States for depot purposes; and also to purchase and hold
such personal property as shall be necessary and conven¬
ient for carrying into effect the object of this act.
Ibid. Sec. 2. 10. Of Connections.] All railroad com¬
panies incorporated or organized, or which may be
incorporated or organized, as aforesaid, shall have the
right of connecting with each other and with the rail¬
roads of other States on such terms as shall be mutuallv
agreed upon by the companies interested in such compa¬
nies [connection].
Laws 1867, 174. 25 Feb. Sec. 1. 11. Connections at
Bridges.] Railroads terminating, or to terminate at any
point, on any line of continuous railroad thoroughfare,
where there now is or shall he a railroad bridge for cross-
ing of passengers and freight in cars over the same as part
of such thoroughfare, shall make convenient connections
of such railroads, by rail, with the rail of such bridge; and
such bridge shall permit and cause such connections of the
rail of the same with the rail of such railroads, so that by
reason of such railroads and bridge there shall be uninter-
ruptcd communication over such railroads and bridge as
public thorough tares. But by such connections no corpo¬
rate rights shall be impaired.
ISO
Lai os 1807, 144. 5 JLir. See. 1. 12. Of Crossings and
Fntersections.] "Whenever the lines of any railroads in
this State shall cross or intersect, it shall he the duty of the
companies or persons controlling- or managing such rail¬
roads, to make just and equitable contracts for the inter¬
change of business, and for the accommodation of such
business as it may be desirable to transact over all or a
portion of each of said intersecting lines, to both lines; and
in case the officers of said companies cannot agree as to the
manner and terms upon which such joint business shall be
interchanged, the said companies shall each choose an
impartial person, familiar with the management of rail¬
roads, and the two thus chosen shall select a third person
to act with them; and the award of the persons thus
selected, or a majority of them, as to the terms and manner
for transacting said joint business, shall be conclusive and
binding upon both parties. In case either of said roads
shall refuse to select such referee, then the county court
may select such referee, upon application of either party.
Lams 18(39, 407. 11 Mar. Sec 1. 13. Of the Delivery
and Transfer of Freight.] At any point where two or
more railroads meet or cross, it shall be the duty of any
such railroad companies, or either of them, to render all
the facilities necessary for the speedy transfer of grain,
produce or merchandise to its destination, and it shall be
the duty of all such railroad companies to deliver to any
warehouse as directed, any and all cars which may he
consigned thereto, and to remove from such warehouse
O 7
such cars as may be laden thereat for transportation from
such warehouse, on the request of the owner or warehouse¬
man, to be shipped within a reasonable time thereafter,
and any railroad company shall run the cars of connecting
roads over their track, but may charge therefor a reason-
7 *' O
ahle track service, not exceeding the price per mile of the
transportation of like articles from local points on the line
of such road.
Jhid. Sec. '1. 14. Penalty.] Any railroad company
which shall refuse or neglect to deliver grain, merchandise
or produce to, or carry it from said warehouse, in such case
181
made and provided, shall be liable to a penalty of twice the
value of such grain, produce or merchandise, to be recov¬
ered bv the owner or agent of such consignments, in any
v. f
action of debt in any court of competent jurisdiction.
III. CONSOLIDATIONS.
Dim 1851, 9. 28 Feb. Sec. 1. P. 1075, S. 951. 15.
Consolidation of Railroads and Plankroads.] All rail¬
road companies and plankroad companies now organized
or hereafter to be organized, which now have, or hereafter
mav have their termini fixed bv law, whenever their said
«/ •/ '
road or roads intersect bv continuous lines, * * are herebv
•J ' «/'
authorized and empowered to consolidate their property
and stock with each other, and to consolidate with compa¬
nies out of this State whenever their lines connect with the
lines of such companies out of this State.
Ibid. Sec. 2. 16.] Such consolidation may take place
whenever the said companies shall respectively agree upon
the terms and conditions of the same; and the said
companies, when so consolidated, shall be authorized to
agree upon the name or names of such consolidated com¬
pany, and by such name or names the said consolidated
company shall be a body corporate and politic, shall have a
common seal or seals, and bv such name or names shall be
' «/
respectively contracted with and make contracts, shall sue
and be sued, implead and be impleaded with, and shall have
all the powers, franchises and immunities which the said
respective companies shall have by virtue of their respec¬
tive charters before such consolidation passed within the
State of Illinois: Provided, that each consolidated company
shall tile for record, in the office of the Secretary of State, a
7 %.> "
copy of their said articles of consolidation, evidenced by the
signature of the presiding officer of each of the said com¬
panies, and the corporate seal thereof.
_ Ibid. Sec. 8. 17. Increase of Consolidated Stock.] The
corporation or corporations formed by virtue of the provi¬
sions of this act shall have power to increase their capital stock
182
to any amount required by resolution of tlieir respective
boards of directors, not exceeding the amount of the cost of
' 4..
the roads and works constructed and equipped by them, to
borrow money and fix the rate of interest therefor, to issue
«/ /
bonds, and the same to sell at such price as they may deem
expedient, such sales being hereby authorized and con¬
firmed, and to make any other contracts authorized by the
by-laws of the said corporation or corporations, within the
purview of their said charters.
Ibid. Sec. 4. 18.] Such corporation or corporations,
when so formed, shall have the same power to consolidate
with other companies when their lines connect, upon such
terms as may be agreed upon by them respectively.
Ibid. Sec. 5. 19.] Xo company in this State shall be
authorized under the provisions of this act, to consoli¬
date with anv companv bevond the limits of the State,
i. X » v
until the termini of such company in this State shall first
have been fixed bv the laws of this State, at the boundarv
«, * t.
line thereof.
Ibid. Sec. (>. 20.] This act shall not be so construed as
to authorize any plankroad, not having power to build a
railroad, to consolidate with any railroad so as to lay a rail¬
road upon any plankroad track until the termini of such
railroad shall have been expressly fixed by law, nor shall
any plankroad so consolidate with any railroad unless
authorized bv law to lav a railroad track.
Ibid. Sec. 7. 21.] All proceedings for the purpose of con¬
solidation, as above provided, shall be fixed and regulated
by the by-laws of the respective companies desiring such
consolidation: Provided, that such consolidation shall not
take place until the terms of such consolidation shall have
been approved by a majority of the stockholders in interest,
in person or by proxy, at an annual or called meeting, of
which due notice shall be given by publication or in writ¬
ing to all stockholders interested, or the same be approved
by the written consent of a majority of the stockholders in
interest, filed in fhe office of their company.
183
Ibid. See. 8. 22.] "When it shall he necessary for the
construction of any railroad, to cross the track of anv other
« ' t.
railroad, stream of water, water course, road or highway,
which it mav intersect or cross hv reason of such extension
*/ «'
into or through any adjoining State, or by reason of its
consolidation with any other road or roads, company or
companies, as provided in this act, it shall he lawful for
said company teg construct their road across or over the
same hv such track or tracks, bridge or bridges, viaduct
• / O O 7
or viaducts, as mav he necessary to the convenience of
^ C- t.
the extension or consolidation of said road: Prodded,
said company shall restore the railroad, stream of water,
water course, road or highway, thus intersected or crossed,
to its former state, or in a sufficient manner not materially
to interfere with its usefulness.
Lairs 18(15, 102. 13 Feb. Sec. 1. 23. Consolidation with
Railroads out of this State.] It shall not he lawful for
any railroad company of Illinois, or for the directors of
any railroad company of Illinois to consolidate their road
with any railroad company out of the State of Illinois, or
to lease their road to anv railroad out of the State of 11 li-
nois, or to lease anv railroad out of the State of Illinois,
without having first obtained the written consent of all of
the stockholders of said roads resident in the State of Illinois,
and anv contract for such consolidation or lease which mav
•
he made without having first obtained said written consent
s'gned by the resident stockholders in Illinois, shall he null
and void.—[Re-enacted by next section, which added other
provisions.]
Laics 1805, 102. 10 Feb. Sec. 1. 24. Conditions.] * *
It shall he lawful for the directors of any railroad company,
created hv the laws of this State, to contract for the use
«' 7
and operation of any railroad connecting with their line
beyond the limits of the State; and in all contracts for the
use and operation of any railroad by another corporation,
it shall he lawful for the parties to provide for the use of
any of the powers and privileges of either or both of the
corporations, parties thereto: And prodded, farther, that
184
nothing in this act shall he so construed as to authorize the
consolidation of anv of said railroads with railroads out of
the State of Illinois: Prorirfed, that nothing contained in
the tirst proviso to this act, shall, in any wise apply to or
he taken advantage of bv the Great "Western Railroad
O «
Company (of 1850), a corporation of the State of Illinois.
IV. FEXCIXG.
Laws 1855, 174/14 Feb. [Id Apr.] Sec, 1. P. 1077, S.
053. 25. Of the Fencing of Railroads.] Every railroad
corporation, whose line of road, or any part thereof, is open
for use, shall, within six months after the passage of this
act, and every railroad company formed or to be formed,
but whose lines are not now open for use, shall, within six
months after the lines of such railroad, or any part thereof,
are opened, erect and thereafter maintain fences on the
sides of their road, or the part thereof so open for use, suit¬
able and /sufficient to prevent cattle, horses, sheep and hogs
from getting on to such railroad, except at the crossing of
public roads and highways, and within the limits of towns,
cities and villages, with openings, or gates or bars at the
farm crossings of such railroad, for the nse of the proprie¬
tors of the lauds adjoining such railroads, and shall also
construct, where the same has not already been done, and
hereafter maintain, at all road crossings now existing or
hereafter established, cattle guards, suitable and sufficient,
to prevent cattle, horses, sheep and hogs from getting on to
such railroad; and so long as such fences and cattle guards
7 O O
shall not be made after the time hereinbefore prescribed
for making the same shall have elapsed, and when such
fences and cattle guards are not in good repair, such rail¬
road corporation and its agents shall be liable for all dam¬
ages which shall be done bv the agents or engines of anv
O « O O t.
such corporation to any cattle, horses, sheep or hogs
thereon; and when such fences and guards shall have been
7 o
duly made, and shall be kept in good repair, such railroad
corporation shall not be liable for any such damages, unless
negligently or wilfully done. Xo railroad corporation
185
shall he required to fence the sides of its roads, except
when such fence is necessary to prevent horses, cattle,
sheep and hogs from getting on to the track of the rail¬
road from the lands adjoining the same, nor shall they he
he required to construct said fences on the sides of their
railroads where the same runs through unenclosed lands
lying at a greater distance than five miles from anv settle-
» o o v
ment. Xor shall the said companies he required to erect
and maintain said fences through lands where the proprie¬
tors of said lands have already erected fences or agreed
# o
with said companies so to do.
Ibid. Sec. 2. 26. Owner to Fence.] But it shall he the
duty of every owner of land adjoining any railroad, who
has received a specific sum as compensation for fencing
along the line of land taken for the purpose of said rail¬
road, and has agreed to huild and maintain a lawful fence
on the line of said road, to huild and maintain such fence;
and it shall also he the duty of every owner of land adjoin¬
ing every railroad, who has received compensation for
building and maintaining a lawful fence on the line of said
o o
road, by way of damages, in the condemnation of land
taken for the purposes of said road, under the laws of this
State, to huild and maintain such fence; and if said owner,
his heirs or assigns, shall not huild said fence within six
months after lie has been notified to do so bv the said rail-
road corporation, or shall neglect to maintain said fences,
if built, said corporations shall build and thereafter main¬
tain such fence, and may maintain a civil action against
the person so neglecting to huild or maintain said fence, to
recover the expense thereof; and such railroad corporation
shall not he liable to such owner or owners, their heirs and
assigns, for any damages which shall he done by the agents
or engines, locomotives or cars of any such corporation to
any cattle, horses, sheep or hogs, of said owner or owners,
their heirs, assigns, or lessees, coming upon said road by
reason or on account of the failure of such owner or own¬
ers, their heirs or assigns, to construct or maintain said
fences.
186
/
Ibid. Sec. 3. 27. Penalties.] If any person sluill ride,
lead or drive any horse or other animal upon such road and
within such fences and guards, other than at farm or road
crossings, without the consent of the corporation, or who
shall pull down, tear down, or otherwise render insufficient
to exclude stock, any part of said fencing, he shall be liable
to a penalty of not less than 810, nor more than §100, to
be recovered in action of debt, before anv court having
7 t ~
jurisdiction in such cases, in the name of the company or
corporation owning such road, and for its use, and also
shall pay all damages which shall be sustained thereby to
the party aggrieved.
Laivs 1869, -315. 5 A/>r. Sec. 1. 23. Xotice by Owner
to IvAiLROAi).] "Whenever a railroad corporation is required
by law to fence its track or railroad, or to maintain or keep
in repair any such fence, and shall neglect or refuse to build
or repair such fence, as the case maybe, the owner or occu¬
pant of the land adjoining such railroad, or over or through
which the said railroad track shall or mav be laid, mav
give notice in writing to such corporation, or the lessee
thereof, or the persons using such railroad, to build within
sixty days said fence, or repair within thirty days said fence,
as the case may be, after the service of such notice. Such
notice shall describe the land on which such fence is
required to be built or repaired, and reference given to this
act in said notice for the information of said railroad agent,
to whom the notice is given by the provisions of this act.
Service of such notice mav be made bv delivering the same
*/ V C
to any station agent of said corporation or railroad com¬
pany.
Ibid. Sec. 2. 29. Kailroad Failing to Build.] In case
the party so notified shall refuse or neglect to build or
repair the fences on the land described in such notice, in
accordance with Sec. 1 of this act, then it shall be lawful for
the owner or occupant of such land required to be fenced,
to build or repair the same (as the case may be), and the
person so building or repairing such fence shall be entitled
to the value thereof, from such corporation or party actu¬
ally occupying or using such railroad, to he recovered with
187
interest at one per cent, per month from the time such fence
shall have been built or repaired (as the case may he), in
any proper action, together with costs, fees, and disburse¬
ments to he taxed.
Ibid. Sec. 8. 30. Time of Xotlce.] Such notice must
he given on some dav between the lirst dav of March and
C »' i
the first dav of October in anv vear.
t t •
Ah IXJUIUKS—0 BSTR DCTIOXS.
Laics 1858, 217. 11 Feb. [15 Aprd\ Sec. 1. P. 871. S. 417.
31. Injuries and Obstructions.] If any person or persons
shall wilfully and maliciously displace or remove any switch,
signal or rail of any railroad, or shall break down, rip up,
injure or destroy any railroad track or railroad bridge, or any
portion thereof, or place any obstruction whatever on any
such rail or railroad track, or bridge, or switch, or place
any false signal upon or along the line of any railroad
track, with intent that any person or property being or
passing on and over said railroad should be injured thereby,
every such person so offending, upon conviction thereof,
shall be punished by imprisonment in the State peniten¬
tiary not less than one year, and not exceeding five years.
Ibid. Sec 2. 32. Displacing Switch or Signal.] If
any person or persons shall wilfully and maliciously dis¬
place or remove any switch, signal or rail of any railroad,
or shall break down, rip up, injure or destroy any railroad
track or railroad bridge, or any portion thereof, or place
anv obstruction whatever on anv such rail, railroad track,
«/ / 7
or bridge, or switch, or place any false signal upon or along
the line of any railroad track, with intent that any person
or property, being or passing on and over said railroad,
should be injured thereby, and in consequence of any such
act, done with the intent aforesaid, any person being or
passing on and over said railroad shall actuallv suffer anv
bodily harm, or any property shall be injured, every such
person so offending shall, upon conviction thereof, be pun¬
ished by imprisonment in the State penitentiary for a term
not less [than] three years, nor exceeding ten years.
188
Ibid. Sec. 3. 33.] If any person sliall "wilfully and
maliciously displace or remove any railway switch, signal or
rail of any railroad, or shall break down, rip up, injure or
destroy any railroad track or railroad bridge, or fence, or
any portion thereof, or place any obstruction whatever on
any such rail, switch, railroad track or bridge, or shall do
or cause to be done anv act or acts whatever, wlierebv anv
engine, machine or structure, or any matter or thing
thereto appertaining, shall be stopped, obstructed, impaired,
weakened, injured or destroyed, with intent that any person
or property passing on and over said railroad should be
injured thereby, and if, in consequence of such act, done
with intent aforesaid, any person is killed, or the life of any
person is lost, every person so offending shall be deemed
guilty of murder, and upon conviction thereof, shall he-
punished acco rdi ngl y.
2 La a:a 1861, 8. 1 May. Sec. 1. 34. Other Provisions
and Penalties.] If any two or more persons shall conspire
or combine to break down, take up, injure or destroy any
railroad track or railroad bridge, or to burn or destrov anv
O 7 «
engine, engine house, car house, machine shop, or any other
building or machinerv necessary to the free use of anv
cd \j «' *>
railroad, everv such person shall be guilty of a high
7 %j 1 cd • cd
misdemeanor, and shall, on conviction, be punished by
imprisonment in the penitentiary not less than two nor
more than five vears.
Ibid. Sec. 2. 35.] If any two or more persons shall
attempt to prevent the passage of any railroad train,
carrying any provisions, troops, or munitions of war for
the use or in the employment of this State or of the United
States, bv anv violence or offer of violence, or shall assemble
7 v i/ 7
themselves together, for that purpose, or if any person shall
induce, entice or persuade, or attempt to induce, entice or,
persuade any other person to do so, such persons, and
each of them, shall, on conviction, be liable to be confined
in the penitentiary for a period not less than one nor more
than ten years.
189
Ibid. Sec. 3. 36.] Any person or persons who shall
make any attempt, although the same may not succeed, to
place obstructions on any railroad track, to burn, blow up
or destroy any railroad bridge, or in any other way prevent
the free and safe passage of trains on any railroad, such
person or persons, on conviction thereof, shall be confined
in the penitentiary of this State not less than six months
nor more than five vears.
Ibid. Sec. 4. 37.] Any person who shall hire, persuade
or induce, attempt to hire, induce or persuade any person
or persons to burn or in any way injure or destroy any
railroad bridge, to take up, injure or destroy any railroad
track, or any machine shop, engine house, car house, engine
or car, or other machinery or property necessary for the
operation of any railroad, shall, on conviction thereof, be
punished by confinement in the penitentiary not less than
six months nor more than two years.
Ibid. Sec. 5. 38.] It shall be the duty of all officers,
civil and military, of this State, and of all residents of this
State, to arrest all persons avIio shall commit, or attempt to
commit ain^ of the foregoing offenses; and tliey are
authorized to use whatever force or violence may be neces-
c
sary to prevent the commission of any such offense, or to
arrest the offender or prevent his escape.
VI. ORG AXJ Z ATIOX.
2 Law# 1841), 18. 5 Nov. Sec. 1. P. 1000. S. 937. 39.
Of the Organization of Railroad Companies.] Any number
of persons, not less than twenty-five, being subscribers to
the stock of any contemplated railroad, may be formed
into a corporation for the purpose of constructing,
owning and maintaining such railroad, by complying with
the following requirements: When stock to the amount of
at least $1,000 for every mile of said road so intended to be
built, shall be in good faith subscribed, and 10 per cent,
paid thereon, as herein required, then the said subscribers
may elect directors for the said company. Thereupon they
19 0
\
shall severally subscribe articles of association, in which
shall be set forth the name of the corporation; the number
of years the same is to continue, which shall not exceed '
fifty years; the amount of the capital stock of the company,
which shall be the actual cost of constructing the road,
together with the cost for the right of way, motive power,
and every other appurtenance for the completion and
running of said road, as nearly as can be estimated by
competent engineers; the number of shares of which said
stock shall consist; the number of directors, and their
names, to manage the concerns of the company, who shall
not be one-half in the number of the stockholders, and
shall hold their offices until others are elected; the place
from and to which the proposed road is to be constructed,
and each county into or through which it is intended to
pass, and its length, as near as may be, and the names of
live commissioners to open books of subscription to the
stock. Each subscriber to such article-of association shall
subscribe thereto his name, place of residence, and the
number of shares of stock taken by him in such company.
The said articles of association may, 011 complying with the
next section, be filed in the office of the Secretary of State,
and thereupon the persons who have subscribed, and all
persons who shall from time to time, become stockholders
in such company, shall be a body corporate, by the name
specified in such articles.
Ibid. Sec. 2. 40.] Such articles of association shall not
he filed in the office of the Secretary of State until ten per
cent, on the amount of the stock subscribed thereto shall
have been actually and in good faith paid, in cash, to the
directors named in such articles, nor until there is endorsed
thereon, or annexed thereto, an affidavit, made by at least
three of the directors named in such articles, that the
amount of stock required by the first section has been sub¬
scribed, and that ten per cent, on the amount has actually
been paid in.
1 bid. Sec. 3. 41.] A copy of any articles of association,
iiled 111 pursuance of this act, with a copy of the affidavit
101
aforesaid indorsed thereon, or annexed thereto, and certi-
lied to be a copy by the secretary of this State, or his
deputy, shall, in all courts and places, be presumptive
evidence of the incorporation of such company, and of the
facts therein stated.
1 bid. Sec. 4. 42. Corporate Powers.] When the certifi¬
cate shall have been tiled, as aforesaid, the persons who
shall have signed and acknowledged the same, and their
successors, shall be a body politic and corporate, by the
name stated in such certificate, and shall be capable of
suing and being sued, and mav have a common seal, and
o o 7 ns '
may make and alter the same at pleasure, and be capable
in law of purchasing, holding and conveying any real estate
and personal property whatever, necessary for the con¬
struction of such road, and for the erection of all necessarv
7 tJ
buildings, yards and appurtenances for the use of the same.
Ibid. Sec. 5. 43.] The commissioners for opening
books of subscription, named in the act of incorporation,
shall, from time to time, after the company shall be incor¬
porated, open books of subscription to the capital stock of
the company, in such places, and after giving such notice
as a majority of them shall direct, which books of subscrip¬
tion shall be kept open until all the capital stock shall
be subscribed, if the corporation shall so long exist; and in
case a greater amount of stock shall be subscribed than the
whole capital of said company, the commissioners shall dis¬
tribute such capital stock as equally as possible among the
subscribers; but no share thereof shall be divided in making
such distribution, nor shall a greater number of shares be
allotted to anv subscriber than such subscriber shall have
«>
subscribed for.
Ibid. Sec. <). 44. The Directors.] As soon as practic¬
able, after such capital stock shall have been subscribed
and distributed, as aforesaid, the commissioners to
receive subscriptions thereto, shall appoint a time and
place for the meeting of the stockholders to choose
directors; such meeting to he held in one of the counties
In or through which such railroad is proposed to be con-
192
structed", and notice thereof si mil be given by said commis¬
sioners, by public notice, to be published not less than
twenty days previous thereto, in the State paper, and a
newspaper published in each county through which the
said road shall be intended to run, in which a newspaper
shall be published. Thirteen directors shall be chosen at
such meeting, by ballot, and by a majority of the votes of
the stockholders, being present in person or by proxy, and
every such stockholder being so present at such elec¬
tion, or at any subsequent election of directors, shall be
entitled to give one vote for every share of stock which he
shall have owned for the thirty days next preceding such
election; but no stockholder shall vote at any such election
upon any stock, except such as he shall have owned for
such thirty days. No person shall be a director unless he
shall be a stockholder, owning stock absolutely and in his
own right, and qualified to vote for directors at the election
at which he shall be chosen; and at least seven of the
directors shall, at the time of their election, be residents
of the counties in or through which the route of such rail-
road shall run. The directors shall be directors for one
year, and until others are elected in their places.
J bid. Sec. 7. 45.] The commissioners named in the last
preceding section shall be inspectors of the first election of
directors, shall openly count the votes and declare the
result, and shall, within ten days thereafter, file a certifi¬
cate thereof, subscribed by them or a majority of them, in
the office of the Secretary of State, and in the office of the
clerk of each county, or with the clerk of the county coiii-
missioners' court (as the case may be), of each county in or
through which such railroad shall be proposed to be con¬
structed, and shall also deliver to the treasurer of such com¬
pany all moneys [received] by such commissioners on
subscriptions to such capital stock, and all books and papers
in their possession, relative to such subscriptions. All
subsequent elections shall be held at such time and place
in one of these counties through which such railroad shall
pass, as shall be directed by the by-laws of the company.
393
Ibid. Sec. 8. 46. Annual Meeting of Stockholders.] A
general meeting of the stockholders of any corporation
formed under this act shall be lioldcn annually, at the time
and place appointed for the election of directors, and a
meeting may be called at any time during the interval
between such annual meetings, by the directors or by the
stockholders owning not less than one-fourth of the stock,
by giving thirty days' public notice of the time and place
of the meeting, in the State paper, and a newspaper pub¬
lished in each county through which the said road shall be
run or be intended to run, in which a newspaper shall be
published; and when any such meeting is called by the
stockholders, the particular object of such call sliall be
stated; and if at any such meeting thus called, a majority
in value of the stockholders are not represented in person
or by proxy, such meeting shall be adjourned from day to
day, not exceeding three days, without transacting am
business, and if, within said three days, stockliolders hav¬
ing a majority of the stock do not attend such meeting,
then the said meeting shall be dissolved.
1 bid. Sec. 9. 47. Annual Statement.] At the regular
annual meeting of the stockholders of any corporation, it
shall be the duty of the president and directors in office for
the preceding year, to exhibit a clear and distinct state¬
ment of the affairs of the said company, and at any meet¬
ing of the stockholders, a majority of those present, in
person or by proxy, may require similar statements from
the directors, whose duty it shall be to furnish them when
thus required; and at all general meetings of the stock¬
holders, a majority in value of the stockholders in said
company may fix the rate of interest which shall be paid
by the company, for loans for the construction of said road
and its appendages, may remove any president or any
director of said company, and elect others in their stead:
Provided,, notice of such intended removal has been given
as required by the last preceding section.
1 bid. Sec. 10. 48.] In case it shall happen at any time
that an election of directors shall not be made on the day
designated by the by-laws of the company, when it ought
15
104
to have been made, the company, for that reason, shall not
he dissolved, if within ninety days thereafter, they shall
hold an election for directors in such manner as shall he
provided by the by-laws of the company. There shall he
a president of the company, who shall he chosen by and
from the directors, and also such subordinate officers as the
company, by its by-laws, may designate, who may he
elected or appointed, and required to give such security
for the faithful performance of the duties of their office, as
the company, by its by-laws may require.
1 bid. Sec. 11. 49. Payments on Stock.] It shall he
lawful for the directors to call in and demand from the
stockholders, respectively, all sums of money by them sub¬
scribed, at such time and in such payments or installments
as the directors shall deem proper, under the penalty of for¬
feiting the shares of stock subscribed for, and all previous
payments made thereon, if payments shall not be made by
the stockholders within sixty days after personal demand,
or notice requiring such payment shall have been made in
each county through which said road shall be laid out, in
which a newspaper shall be published.
Ibid. Sec. 12. 50.] The directors of such company
shall have power to make by-laws for the management and
disposition of stock, property and business affairs of such
company, not inconsistent with the laws of this State, and
prescribing the duties of officers, artificers and servants that
may be employed, for the appointment of all officers for
carrying on all the business within the object and purposes
of such company.
Ibid. Sec. 13. 51. Transfer of Stock.] The stock of
such company shall be deemed personal estate, and shall be
transferable in the manner prescribed by the by-laws of the
company; but no shares shall be transferable till all pre¬
vious calls thereon shall have been fully paid in, or the said
shares shall have been forfeited for the non-payment of calls
thereon; and it shall not be lawful for such company to use
any of their funds in the purchase of any stock in their
own or in any other corporation.
105
1 hid. Sec. 14. 52. Liability of Stockholders.] All
the stockholders of any such company that shall be here¬
after incorporated under this act, shall he severally individ¬
ually liable to the creditors of such company to an amount
equal to the amount of stock held by them, respectively,
for all debts and contracts made by such company, until
the whole amount of capital stock fixed and limited by the
company, in manner aforesaid, shall have been paid in, and
a certificate thereof shall have been made and recorded, as
prescribed in the following section; and shall be jointly
and severally liable for all debts that may be due and owing
to all their laborers, servants and apprentices for services
performed for such corporation, but not be liable to an
action therefor before an execution shall be returned satis¬
fied in whole or in part against the corporation, and then
the amount due on said execution shall be the amount
recoverable, with costs, against said stockholders.
Laics 1857, 54. 18 Feb. Sec. 1. Provided, that none of
the provisions of this section shall hereafter be applicable
to such railroad companies as have organized under this
law, until the same provision shall be applied to the Cen¬
tral Railroad Company and to all other railroad companies
incorporated under this act.
2 Laws 1849, 22. 5 Nov. Sec. 15. P. 1063. S. 940. 53.
Stock Being Paid Up.] The president and a majority of
the directors, within thirty days after the payment of the
last installment of the capital stock, so fixed and limited
by the company, shall make a certificate, stating the
amount of the capital stock so fixed and paid in; which
certificate shall be signed by the president and a majority
of the directors, and sworn to by the president and secre¬
tary, and they shall, within the said thirty days, file and
record the same in the office of the Secretary of State.
Ibid. Sec. 16. 54. Dividends.] If the directors of any
such company shall declare and pay any dividend when the
company is insolvent, or any dividend, the payment of
which would render it insolvent, they shall be jointly and
severally liable for all the debts of the company then exist-
196
ing, and for all that shall thereafter be contracted, so long
as they shall respectively remain in office: Provided, that if
any of the directors shall he absent at the time of making
the dividend, or shall object thereto, and shall, within
thirty days thereafter, or after his return, if absent, file a
certificate of their absence or objection with the clerk of
the company, and with the clerk of the county, or with the
clerk of the county commissioners' court of the county in
which the principal office of said company is located, they
shall be exempt from the said liability.
Ibid. Sec. 17. 55.] If any certificate or report made, or
public notice given by the officers of any such company, in
pursuance of the provisions of this act, shall be false in
any material representation, all the officers who shall have
signed the same shall be jointly and severally liable for all
the debts of the company contracted while they are stock¬
holders or officers thereof.
Ibid. Sec. 18. 56. Stock IIeld by Executors, Etc.]
Xo person holding stock in any such company, as executor,
administrator, guardian, or trustee, and no person holding
such stock as collateral security, shall be personally subject
to any liability as stockholders of such company; but the
person pledging the stock shall be considered as holding
the same, and shall be liable as a stockholder accordingly,
and the estates and funds in the hands of such executor,
administrator, guardian or trustee, shall be liable in like
manner, and to the same extent as the testator or intestate,
or the ward or persons interested in such trust fund would
have been if he had been living and competent to act, and
held the same stock in his own name.
Ibid. Sec. 19. 57. Voting by Executor, Etc.] Every
such administrator, executor, guardian, or trustee shall rep¬
resent the shares of stock in his hands at all meetings of
the company, and may vote accordingly as a stockholder.
Ibid. Sec. 20. 53. Map and Profile.] Every such com¬
pany, before proceeding to construct a part of their road
through any county named in their certificate of associa¬
tion, shall make a map and profile of the route intended to
107
be adopted by such company, which shall be certified by a
majority of the directors, and tiled in the ofiiee of the
county clerk of such county, or with the clerk of the
county commissioners' court of such county, for the inspec¬
tion and examination of all parties interested therein.
1 bid. Sec. 21. 59. Corporate Powers.] Every such
corporation shall possess the general powers, and be subject
to the general liabilities and restrictions expressed in the
special powers following, that is to say:
1. To cause such examination and surveys for the pro¬
posed railroad to be made as may be necessary to the selec¬
tion of the most advantageous route for the railroad, and
for such purpose, by their officers, agents and servants, to
enter upon lands or waters of any person, but subject to
responsibility for all damages which they shall do thereto.
2. To receive, hold, and take such voluntary grants and
donations of real estate and other property, as shall be
made to it, to aid in the construction, maintenance and
accommodation of such railroad; but the real estate thus
received by voluntary grants shall be held and used for the
purposes of such grants only.
3. To purchase, and by voluntary grants and donations
receive and take, and by its officers, engineers, and survey¬
ors, and agents, enter upon and take possession of and hold,
and use all such lands and real estate and other property
as may be necessary for the construction and maintenance
of its railroad and stations, depots and other accommoda¬
tions necessary to accomplish the object for which the cor¬
poration is created; but not until the compensation to be
made therefor, as agreed upon by the parties, or ascertained
as hereinafter prescribed, be paid to the owner or owners
thereof, or deposited as hereinafter directed, unless the con¬
sent of such owner be given to enter into possession.
4. To lay out its road, not exceeding six rods wide, and
to construct the same, and for the purposes of cuttings,
embankments, and procuring stone and gravel, may take
as much more land within the limits of its charter, in the
manner provided hereinafter, as may be necessary for the
proper construction and security of the road.
108
5. To construct tlicir road upon or across any stream of
water, water course, road, highway, railroad, or canal,
which the route of its road shall intersect; but the corpo¬
ration shall restore the stream or water course, road or
highway, thus intersected, to its former state, or in a suffi¬
cient manner not to have impaired its usefulness.
6. To cross, intersect, join and unite its railroad with
any other railroad before constructed, at any point on its
route, and upon the grounds of such other railroad com¬
pany with the necessary turnouts, sidings, and switches,
and other conveniences, in furtherance of the objects of its
connections; and every company whose railroad is or shall
be hereafter intersected by any new railroad, shall unite
with the owners of such new railroad in forming sucli inter¬
sections and connections, and grant the facilities aforesaid;
and if the two corporations cannot agree upon the amount
of compensation to be made therefor, or the points or man¬
ner of such crossings and connections, the same shall be
ascertained and determined by commissioners to be
appointed by the court, as is provided hereinafter in
respect to the taking of lands.
7. To purchase lands or take tliem, may change the line
of its road whenever a majority of the directors shall so
determine, as is hereinafter provided, but no such change
shall vary the original route of such road to exceed one
mile laterally.
8. To take, transport, carry and convey persons and
property on their railroad, by the force and power of steam,
of animals, or any mechanical powers, or by any combina¬
tions of them, and receive tolls or compensation therefor.
9. To erect and maintain all necessary and convenient
buildings, stations, depots and fixtures, and machinery for
the accommodation and use of their passengers, freight and
business, and obtain and hold the lands necessary there¬
for.
10. To regulate the time and manner in which passen¬
gers and property shall be transported, and the tolls and
compensation to be paid therefor; but such compensation
for any passenger and his ordinary baggage shall not
190
exceed three cents a mile, unless by special act of the legis¬
lature, and shall be subject to alteration as hereinafter
provided.
11. To borrow money, to be applied to the construction
of their railroad and fixtures, and purchase of engines and
cars, at such rates of interest as is hereinafter provided.
Ibid. Sec. 22. 60. Petition to the Legislature.] Any
number of persons, not less than thirteen, intending to
organize a corporation under the provisions of this act, and
every company that may hereafter organize under this act,
may present a petition to the legislature, stating the place
from and to which they propose to construct their road,
and its location and route, with reasonable certainty, or
that they intend to run the said road on the most direct and
eligible route between the points of terminus, and praying
the legislature to determine whether the construction of
the said proposed road will be of sufficient public use to
justify the taking of private property for the construction
of the same. And if the legislature shall determine and
decide by law that such proposed road will be of sufficient
public utility to justify the taking of private property for
constructing and maintaining said road, under the provi¬
sions of this act, then such company, when organized, may
enter upon, take possession of and use all such lands, real
estate, as may be recpiired for the construction and main¬
tenance of their railroad, and the convenient accommoda¬
tions appertaining to the same; making compensation, in
the manner hereinafter provided, for all lands, real estate,
thus taken possession of and used, except such as may be
voluntarily given to or purchased at an agreed price by the
said corporation.
[Condemnation of Lands.] Whenever the said corpora¬
tion shall not have acquired by gift or purchase any land,
real estate, so recpiired, as aforesaid, or which may be
affected by any operation connected by such construction
and maintenance, the said corporation may present to the
circuit court of the district where said lands or real estate
shall lie, a petition, signed by its attorney or agent, descril>
200
ing with convenient accuracy and certainty, hv map or
otherwise, the lands or real estate so required to be taken
or affected, as aforesaid, setting forth the name and resi¬
dence of each owner or other person interested therein as
owner, lessee, incumbrancer, as far as known to such attor¬
ney or agent, or appearing of record, and praying the
appointment of commissioners to ascertain the compensa¬
tion to be made to such owners and persons interested, for
the taking or injuriously affecting such land or real estate,
as aforesaid. The court shall have satisfactory evidence
that notice of an intended application, and the time and
place thereof, for the appointment of commissioners of
appraisement between said corporation and the owners and
persons interested in such lands and real estate, had been
given at least ten days previously, to such owners person¬
ally, or to some person of suitable age, at their residence,
or on the premises, or by the publication thereof in a news¬
paper printed in the county in which such lands or real
estate may lie. Such publication to be allowed only in
respect to owners who shall appear by affidavit to have no
residence in the county, known to such agent or attorney,
whereat such notice could be delivered, as aforesaid. The
court may adjourn the proceedings from time to time; shall
direct any future notice thereof to be given that may seem
proper; shall have .proofs and allegations of all parties
interested, touching the regularity of the proceedings; and
shall, by an entry in it minutes, appoint five competent and
disinterested persons commissioners to ascertain such com¬
pensation, as aforesaid, specifying in such entry a time and
place for the first meeting of such commissioners.
[Duty of the Commissioners.] The said commissioners,
before entering upon the duties of their office, shall take
the oath required by the laws and constitution of this State,
and any one of them may administer oaths to witnesses
produced before them; and may adjourn, and may hold
meetings for that purpose. Whenever they shall meet to
hear proofs and allegations, unless by appointment of the
court or pursuant to adjournment, they shall cause reason¬
able previous notice of such meetings to be given to the
201
%
said owners or parties interested, or their attorney or agent,
and may each, of them issue snbpenas and compel witnesses
to appear and testify; they shall hear the proofs and allega¬
tions of the parties, and any three or more of them, after
reviewing the premises, without fear or favor or partiality,
ascertain and certify the compensation proper to he made
to the said owners and parties interested, for the lands or
real estate to he taken, as well as all damages accruing to
7 O o
the owner of the lands and leal estate, aforesaid, taken in
consequence of the condemnation of the same, or injuri¬
ously affected, as aforesaid, making such deduction or
allowance for real benefit or advantages which such owners
or parties interested may derive from the construction of
said road, and may in their discretion assess a separate rea¬
sonable sum in favor of such owner and parties interested,
or of any person appointed by the court to appear as attor¬
ney for them, for costs, expenses and reasonable counsel
fees. They, or a majority of them, shall make, subscribe,
and with the clerk of the county, or with the clerk of the
county commissioners' court, in which such lands or real
estate shall lie, a certificate of their said ascertainment and
assessment, in which such lands or real estate shall be
described by map or otherwise, with convenient accuracy
and certainty.
[Of the Rule of the Court and its Effect.] The court,
upon such certificate and due proof that such compensation
and separate sums, if any be certified, have been paid to
the parties entitled to the same, or have been deposited to
the credit of such parties in the State treasury, or other
place for that purpose approved by the court, shall make
and cause to be entered in its minutes a rule describing
such lands or real estate, in manner aforesaid, such ascertain¬
ment of compensation, with the mode of making it, and
such payment or deposit of the same compensation, as afore¬
said; a certificate copy of which rule shall be recorded and
indexed in the proper recorder's office, in like manner and
with the like effect as if it were a deed of conveyance from
the said owners and parties interested, to the said corpora¬
tion. Upon the entry of such rule, the said corporation
202
Hindi become seized in fee of all the lands and real estate
described in said rule, as required to be taken, as aforesaid,
during the continuance of the corporation, by this or any
subsequent act, and may take possession of and bold and
use the same for the purposes of said road, and shall there¬
upon be discharged from all claim for any damages by
reason of any matter specified in said petition, certificate,
or rule of said court. If at any time after an attempted or
actual ascertainment of compensation under this or any
other act, or any purchase by, or donation to said corpora¬
tion, of any lands for the purposes aforesaid, it shall appear
that the title acquired thereby to all or any part of such
lands for the use of said road, or if said corporation shall
fail or be deemed defective, the said corporation may pro¬
ceed anew to perfect such title, by procuring an ascertain¬
ment of the compensation proper to be made to any person
or persons whose title, claim, or interest in, or lien upon
such lands, and by making payment thereof in the manner
hereinafter provided, as near as may be, and at any stage
of such new proceedings, or of any proceedings under this
act, the court may, by a rule in that behalf made, authorize
the said corporation, if already in possession, and if not in
possession, to take possession of and use such premises
during the pendency, and until the final conclusion of such
proceedings, and may stay all actions and proceedings
against such corporation 011 account thereof: Provided,
such corporation shall pay a sufficient sum into court, or
give approved security to pay the compensation in that
behalf, when ascertained; and in every case where posses¬
sion shall be so authorized, it shall be lawful for the owners
to conduct the proceedings to a conclusion, if the same
shall be delayed by the company. The said commissioners
shall be entitled to receive from said corporation a compen¬
sation not exceeding §2 for each day actually employed by
them in the discharge of their duties. Such compensation
to be taxed and allowed by the court. If any commissioner
so appointed shall die, be unable, or fail to serve, the court
may appoint another in his place, 011 reasonable notice of
the application, to be approved by the court, The pro*
203
ceedings hereby authorized may be had in the circuit,
court, in a county where the lands lie, and all motions to
the circuit court shall be made at a general or special
term thereof in said countv. The said commissioners shall
tile the said certificate in the county where the lands to he
affected may lie, or in any adjacent county, and any clerk
may transfer the same and the proceedings connected
therewith to the clerk of the county in which the lands to
be affected may lie, or of any county adjacent thereto,
whenever such commissioner or clerk shall be so required
by said corporation, its agents or attorney. And the legis¬
lature hereby reserves [the right] to itself to indicate the
routes and termini of said roads, and the same shall not be
constructed or commenced without the expressed sanction
of the legislature of this State, by a law to be passed
hereafter.
Ibid. Sec. 23. 61. Infants and Unknown Owners.] In
case any infant, idiot or insane person, or any unknown
owner or owners, not personally notified to appear, and
who shall not appear after such notice, on the appointment
of commissioners, shall be interested in any such lands,
real estate and property, the court shall appoint some
proper person to appear before the said commissioners and
act as attorney for and in behalf of such infant, idiot,
insane person, unknown owner, or non-appearing owner,
not personally served with notice.
Ibid. Sec. 21. 62. Re-location of Line.] If at any
time after the location of the track of the said road in
whole or in part, and the filing of the map thereof, it shall
appear to the directors of said company that the line, in
some parts thereof, may be improved, it shall be lawful for
the said directors from time to time, to alter the line and
cause a new map to be filed in the office where the map
showing the first location is or shall be filed, and may
thereupon proceed to take possession of the lands embraced
in such new location that may be required for the con¬
struction and maintenance of said road on such new line,
and the convenient accommodations appertaining to the
same, either by agreement with the owner or owners, or by
204
such proceedings as near as may be, as are authorized
under the preceding section of this act, and use the same
in place of the line for which the new is substituted.
Nothing in this act contained shall authorize the said com¬
pany to make a location of their track within any city
without the consent of the common council of said city.
Ibid. Sec. 25. 63. Crossing Road or Highway.] When¬
ever the track of said railroad shall cross a road or highway,
such road or highway may be carried under or over the
track, as may be found most expedient; and in cases where
an embankment or cutting shall make a change in the line
of such road or highway desirable, with a view to a more
easy ascent or descent, the said company may take such
additional lands for the construction of such road or high¬
way, or such new line, as may be deemed requisite by said
directors. Unless the lands so taken shall be purchased or
voluntarily given for the purposes aforesaid, compensation
therefor shall be ascertained in the manner in this act
provided, as nearly as may be, and duly made by said cor¬
poration to the owners and persons interested in such
lands; the same when so taken or compensation made to
become part of such intersecting road or highway, in such
manner and by such tenure as the adjacent parts of the
same highway, may be held for highway purposes.
Ibid. Sec. 26. 64. State Lands Required.] If any
such corporation shall for its purpose aforesaid, require
any land belonging to the people of this State, or to any
of the counties or towns, the General Assembly of the
State and the county or town officers, respectively, having
charge of such lands, may grant such lands to such corpo¬
ration for a compensation which shall be agreed upon
between them; and if they shall not agree upon a sale and
price, the same may be taken by the corporation as is
before provided in respect to other cases.—[But consult,
also, Cli. 92, Sec. 28.]
Ibid. Sec. 27. 65. Badges of Officers.] Every con¬
ductor, baggage-master, engineer, brakeman, or other ser¬
vant of any such railroad corporation, employed in a
205
passenger train, or at stations for passengers, shall wear
upon his hat or cap a haclge which shall indicate his office,
and the initial letters of the style of the corporation bv
1 */
which he is employed. Eo conductor or collector without
such badge shall demand or be entitled to receive from
any passenger any fare, toll or ticket, or exercise any of the
powers of his office; and no other of said officers or ser¬
vants, without such badge, shall have any authority to
meddle or interfere with any passenger, his baggage, or
property.
Ibid. Sec. 28. 66. Annual Report.] Every such cor¬
poration shall make an annual report to the Secretary of
this State, of the operations of the year ending on the first
day of January; which report shall be verified by the oaths
of the treasurer and acting superintendent of operations,
and filed in his office by the 20th day of January in each
year, and shall state:
1. The capital stock, and the amount actually paid in.
2. The amount expended for the purchase of lands for
the construction of the road, for buildings, and for engines
and for cars, respectively.
3. The amount and nature of its indebtedness, and the
amounts due the corporation.
4. The amount received for the transportation of passen¬
gers, of property, of the mails, and from other sources.
5. The amount of freight, specifying the quantity in
tons, of the products of the forests, of animals, of vegeta¬
ble food, other agricultural products, manufactures, mer¬
chandise, and other articles.
6. The amount paid for repairs, engines, cars, buildings,
and salaries.
7. The number and amount of dividends, and when paid.
8. The number of engine houses and shops, of engines
and cars, and their character.
9. The number of miles run by passenger, freight, and
other trains, respectively.
10. The number of men employed, and their occupation.
11. The number of persons injured in life or limb, and
the causes of such injury.
206
12. Whether any accidents have arisen from carelessness
or negligence of any person in the employment of the cor¬
poration, and whether such person is retained in the ser¬
vice of the corporation.
1 bid. Sec. 29. 67.] Any such corporation which shall
neglect to make such report, shall he liable to a penalty of
$250, to be sued for in the name of the people of this
State.
Ibid. Sec. 80. 68. T axation.] The property belonging
to any company organized under the provisions of this act,
shall be listed by the resident secretary or other proper offi¬
cer, with the Auditor of State, which shall be subject to
the same rate of taxation as other similar property of indi¬
viduals, and the revenue arising therefrom shall be paid
into the State treasury, until the entire extinction of the
internal improvement debt of the State, after which the
said property shall be subject to taxation, and the revenue
arising therefrom paid as in the case of all other property
in the State. The revenue derived under this section to
be applied to the payment of the public debt of the State.
—[But see Ch. 89, "Revenue."]
Ibid. Sec. 31. 69. Lien of the State.] The State
shall have a lien upon all railroads of said corporations and
their appurtenances and stock therein, for all penalties,
taxes and dues which may accrue to the State from said
corporations; which lien of the State shall take precedence
of all demands, judgments or decrees against said corpora¬
tions.
[Lien of Individuals.—See, also, Sees. 6 and 7.] And
the citizens of this State shall have a lien upon all personal
property of said corporation to the amount of $100, orig¬
inally contracted within this State, which, after said lien of
the State, shall take precedence of all other debts, demands,
judgments or decrees, liens or mortgages, against said cor¬
poration.
Ibid. Sec. 32. 70. Rates of Fare and Freight] The
legislature may when any such railroad shall be opened for
use, from time to time, alter or reduce the rates of toll, fare,
207
freight, or other profits upon such road; but the same shall
not, without the consent of the corporation, be so reduced
as to produce with said profits less than 15 per cent, per
annum on the capital actually paid in; nor, unless 011 an
examination of the amounts received and expended to
be made by the Secretary of State, he shall ascertain that
the net income divided by the company from all sources
for the year then last past, shall have exceeded an annual
income of 15 per cent, upon the capital of the corporation
actually paid in.
Ibid. Sec. 33. 71. U. S. Mail.] Any such corporation
shall, when applied to by the postmaster general, convey
the mail of the United States on their road or roads,
respectively; and in case such corporation shall not agree
as to the rates of transportation thereof, and as to time,
rate of speed, manner, and condition of carrying the same,
it shall be lawful for the Governor of this State to appoint
three commissioners, who, or a majority of them, after
fifteen days' notice, in writing, of the time and place of
meeting, to the corporation, shall determine and fix the
prices, times and condition, aforesaid; but such prices shall
not be less for carrying said mails in the regular passenger
trains than the amount which such corporation would
receive as freight on a like weight of merchandise trans¬
ported in their merchandise trains, and a fair compensation
for the postoflice car. And in case the postmaster general
shall require the mail to be carried at other hours, and at a
higher speed than the passenger trains be run at, the cor¬
poration shall furnish an extra train for the mail, and be
allowed an extra compensation for the expenses and wear
and tear thereof, and for the services to be fixed, aforesaid.
Ibid. Sec. 34. 72. Refusal to Pay Fare.] If any pas¬
senger shall refuse to pay his fare or toll, it shall be lawful
for the conductor of the train and the servants of the cor¬
poration to put him out of the cars at any usual stopping
place the conductor shall select.
Ibid. Sec. 35. 73. Of Time Tables and Accommoda¬
tions.] Every such corporation shall start and run their cars
208
for the transportation of passengers and property at regular
times, to he fixed hy public notice, and shall furnish suffic¬
ient accommodations for the transportation of all such
passengers and property as shall, within a reasonable time
previous thereto, offer or he offered for transportation at the
place of starting, and the junctions of other railroads, and
at sidings and stopping places established for receiving and
discharging way passengers and freight, and shall take,
transport and discharge such passengers and property at,
from, and to such places on the due payment of tolls,
freight or fare legally authorized therefor.
Ibid. Sec. 36. 74. Company Refusing to Transport.]
In case of the refusal by such corporation, or their agents,
so [to] take and transport any passengers or property, or
to deliver the same or either of them at the regular or
appointed time, such corporation shall pay to the party
aggrieved all damages which shall be sustained thereby,
with costs of suits.
Ibid. Sec. 37. 75. Of Making up Trains.] In form¬
ing a passenger train, baggage or freight, or merchandise
or lumber cars shall not be placed in rear of passenger cars,
and if they or any of them shall be so placed, and any
accident shall happen to life or limb, the officer or agent
who so directed or knowingly suffered such arrangement,
and the conductor or engineer of the train shall each and
all be held guilty of intentionally causing the injury, and be
punished accordingly.
Laws 1869, 308. 27 Feb. Sec. 1. 76. Bells and Whis¬
tles on Engines.] Section 38 of * . * [the foregoing act
of Nov. 5, 1849], and any similar provision in any special
railroad charter heretofore passed * * is hereby amended
so as to read as follows, viz.: A bell of at least thirty pounds'
weight, or a steam whistle, shall be placed on each locomo¬
tive engine, which shall be rung or whistled by the engineer
or fireman, at the distance of at least eighty rods from the
place where the railroad crosses any public street or high-
way, and be kept ringing or whistling until such street or
highway is reached, under a penalty of not exceeding $100
209
for each neglect; one half of which penalty to go to the
prosecuting witness, and the other half to go to the State;
and the corporation owning the railroad shall be liable to
any party injured for all damages sustained, by reason ot
such neglect: Provided, that, such penalty shall be sued for
within three months from the time the cause of action
accrues, and not thereafter.
Ibid. Sec. 2. 77.] This act shall not apply to suits now
pending under the section hereby amended, except that the
penalty recoverable in such suits shall be, not exceeding
$100, instead of $50, as therein provided.
2 Laws 1849, 32. 5 Nov. Sec. 39. P. 1071. S. 948. 78.
Boards to be Erected.] Every such corporation shall
cause boards to be placed, well supported by posts or other¬
wise, and constantly maintained across each public road or
street where the same is crossed by the railroad on the same
level. Said boards shall be elevated so as not to obstruct
the travel and to be easily seen by travelers; and on each
side of said boards shall be painted in capital letters of at
least the size of nine inches each, the words, " Railroad
crossing—look out for the cars while the bell rings or the
whistle sounds." But this section shall not apply to streets
in cities or villages, unless the corporation be required to
put up such boards by the officers having charge of such
streets.
1 bid. Sec. 40. 79. Intoxication oe Engineers and Con¬
ductors.] If any person shall, while in charge of a loco¬
motive engine running upon the railroad of any such cor¬
poration, or while acting as the conductor of any car or
train of cars on any such railroad, be intoxicated, he shall
be deemed guilty of a misdemeanor.
Ibid. Sec. 41. 80.] If any person shall wilfully do or
cause to be done any act or acts whatever, whereby any
building, construction, or work of any such corporation, or
any engines, machine or structures, or any matter or thing
appertaining to the same, shall be stopped, obstructed,
impaired, weakened, injured, or destroyed, the person or
persons offending shall be guilty of a misdemeanor, and
i«
210
shall forfeit and pay to the said corporation treble the
amount of- damages sustained by means of such offense.
Ibid. Sec. 42. 81.] All penalties imposed by this act
may be sued for by the district attorney, and in the name
of the people of the State of Illinois; and if such penalty
be for a sum not exceeding $100, then each suit may be
brought before a justice of the peace.
Ibid. Sec. 43. 82.] Every such corporation shall, within
a reasonable time after the road shall be located, cause to be
made: 1. A map and profile thereof, and of the land taken
or obtained for the use thereof, and file the same in the
office of the Secretary of State; and also like maps of the
parts thereof, located in different counties, and file same in
the office for recording deeds in the county in which said
parts of said road shall lie, there to remain as of record for¬
ever. 2. A certificate, specifying the line upon which it is
proposed to construct the railroad, and the grades and
curves.
Ibid. Sec. 44. 83.] If any such corporation shall not,
within five years after its incorporation, begin the construc¬
tion of its road, and expend thereon 10 per cent, on the
amount of its capital, and finish the road and put it in full
operation in ten years thereafter, its act of incorporation
shall beome void.
Ibid. Sec. 45. 84. Companies to which this Act is
Applicable.] All existing railroad corporations within
this State shall'respectively have and possess all the powers
and privileges, and be subject to all the duties and liabilties
and provisions contained in this act, so far as they shall be
applicable to their present conditions, and not inconsistent
with their several charters; and all railroad companies that
are now constructing their roads may acquire title to lands
necessary for that purpose under the provisions of this act.
VII. RATES UNIFORM.
Laws 18G9, 309. 10 Mar. Sec 1. 85. Uniform, Just
and Reasonable Rates,] All railroad corporations, organ-
211
ized or doing business in this State, under any act of incor¬
poration or general law of this State now in force, or which
may hereafter be enacted, shall be and are hereby respect¬
ively limited to a just, reasonable and uniform rate, fare,
toll and compensation for the conveyance or transportation
of passengers and freight, and no more. And all such
rules, regulations or by-laws of any such railroad corpora¬
tion as fix, prescribe, or establish any greater or different
rate, fare, toll or compensation than is hereinbefore pre¬
scribed, are hereby declared to be utterly null and void.
Ibid. Sec. 2. 88. Definition.] The term "Railroad
corporation," contained in this act, shall be deemed and
taken to mean all corporations, companies or individuals
now owning or operating, or which may hereafter own or
operate, any railroad in this State.
Ibid. Sec. 3. 87. Rates to be Posted.] It is hereby
declared to be the duty of every such railroad corporation,
on or before the the 25tli day of April next [1869], to fix
and publish, by posting and keeping up in some public
place in each station house and place where the business of
such corporation shall be transacted, a printed tariff of such
rates charged for the transportation of passengers and freight'
from and to every station on its road in this State, so that
such rates may be easily ascertained, together with the
name and residence of the officer or officers, agent or
employe of such railroad corporation by whom and by
whose authority the rates therein specified were fixed and
established, and the name and residence of the person by
whom the same was published. And in case any changes
shall thereafter, or from time to time, be made in their said
tariff of rates, the same shall be distinctly noted and pub¬
lished in the same manner, as is above in this section pro¬
vided. And any railroad corporation which shall, after the
25th day of April next, take or receive any toll or compen¬
sation for the transportation of any person or property,
without having first published a tariff of their rates, as
required by this section, shall forfeit and pay double the
amount of toll or compensation so received, to be recovered
212
in an action of debt in any court having jurisdiction thereof,
by the person paying the same, and all contracts for the
transportation of persons or property made after the 25th
day of April next and before the publication of such tariff of
rates, as required by this act, shall be void, and all contracts
for a greater rate of toll or compensation for the transporta¬
tion of persons and property than is herein permitted and
specified by their tariff of rates, shall be null and void, and
all moneys paid in pursuance of such contract may be
recovered back by the person or persons paying the same.
bid. Sec. 4. 88. Rates to be Fixed.] Every such
railroad corporation shall respectively on or before the 25th
day of April next, fix and establish, and thereafter receive,
for the transportation of persons and property a reasonable
and uniform toll or compensation, according to the service
actually rendered, so that upon each railroad now operated
or which may hereafter be operated in this State, the charge
or compensation for carrying thereon freight and passengers
in this State shall be reasonable and uniform, and in pro¬
portion to the services rendered: Provided,, that this section
shall not be construed to mean that the rate or compensation
for transportation of persons or property on one of said
roads shall be the same as charged on any other road; nor
shall any railroad corporation be required to charge the
same rates for the transportation of different classes or
quantities of freight, nor shall any such corporation be
required by this act to fix the same rates for the trans¬
portation of property in opposite directions on the same
road: And "provided farther, that no railroad corporation
shall at any time by rebatement, drawback, or otherwise,
with the intent to evade the provisions of this act, directly
or indirectly receive or charge for the transportation of per¬
sons or property, any different rate than the rate fixed by
such rules, regulations or by-laws : Provided farther, that
this act shall not be construed to prevent said corporations
from issuing passes, commutation and excursion tickets on
their roads at less than the established rates for transporti ng
passengers over such roads, nor from transporting at
213
reduced rates freight and merchandise to and from agricul¬
tural and other fairs, or for the construction of public
buildings, or public works of whatsoever kind: Provided
farther, that in computing distance, the owners or operators
of any railroad may in their discretion calculate the charges
from any station by the shortest line of railroads by which
such freights or passengers could be transported with the
same effect as though the same were transported only such
shorter distance on their road.
Ibid. Sec. 5. 89. Loading and Unloading.] Any such
railroad corporation may, in addition to the rates for the
transportation of property permitted by this act, charge
and collect a reasonable price or rate for attaching and
detaching loaded and empty freight cars, and for the use of
such cars during the loading and unloading thereof: Pro¬
vided, that such price or rate shall be uniform at all stations
and places on any such railroad: And -provided further, that
such rates shall be published and kept posted up in each
station house and place in the same manner as provided in
Sec. 3 of this act.
Ibid. Sec. 6. 90. Penalties.] Any railroad corporation
which shall fix, demand, take or receive from any person
or persons any greater toll, fare or payment for the trans¬
portation of persons or property than is authorized by this
act, shall forfeit and pay for every such offense any sum
not exceeding $1,000 and costs of suit, including a reason¬
able attorney's fee, to be ascertained on the trial; to be
recovered in an action of debt by the party aggrieved, in
any court having jurisdiction thereof.
Ibid. Sec. 7. 91.] Any officer, agent or employe of any
such railroad corporation, who shall, knowingly or wilfully,
by any rule, regulation, by-law, or order, fix or demand
from any person or persons for the transportation of any
person or property, any greater toll, fare or payment than
is heretofore prescribed in this act, shall be deemed guilty
of a misdemeanor, and shall be liable to indictment in
any court of competent jurisdiction, and on conviction
thereof shall be punished for each offense by a fine of not.
214
less than .$100 nor more than $1,000, or by imprisonment
not less than thirty (lavs nor more than one year, or both,
«y c/ ' '
in the discretion of the court before which such conviction
shall be had. And any agent, servant, or employe of such
railroad corporation who shall demand or receive a greater
or different rate of compensation for the transportation of
persons or property than shall be specified in the tariff of
rates, as required to be published by this act, shall be liable
to the penalties prescribed in this section.
Ibid. Sec. 8. 92. Of the Illinois Central Railroad.]
This act shall not be construed nor have the effect to
release the Illinois Central Railroad Company from the
payment into the treasury of the State of Illinois, of the
per centum on the gross or total proceeds, receipts or
income derived' from said road and branches, stipulated in
the charter of said company.
VIII. SUBSCRIPTIONS—LOANS.
«
2 Laws 1849, 33. 6 Nov. Sec. 1. P. 1072. S. 950. 93.
Subscriptions in Aid of Railroads.] Whenever the citi¬
zens of any city or county in this State are desirous that
said city or county should subscribe for stock in any rail¬
road company already organized or incorporated, or here¬
after to be organized or incorporated under any law of this
State, such city or county may, and are hereby authorized
to purchase or subscribe for shares of the capital stock in
any such company, in any sum not exceeding $100,000 for
each of said cities or counties; and the stock so subscribed
for or purchased shall be under the control of the county
court of the county, or common council of the city, making
such subscription or purchase, in all respects, as stock
owned by individuals.
Ibid. Sec. 2. 94.] For the payment of said stock,
the judges of the county court of the county, or
the common council of the city, making such subscrip¬
tion or purchase, are hereby authorized to borrow
money, at a rate not exceeding ten per cent, per
215
annum, and to pledge the faitli of the county or city
for the annual payment of the interest, and the ultimate
redemption of the principal, or if the said judges or com¬
mon council should deem it most advisable, they are hereby
authorized to pay for such subscription or purchase in
bonds of the city or county making such subscription, to
be drawn for that purchase in sums not less that $50, bear¬
ing interest not exceeding ten per cent, per annum: Provided,
that no bond shall be paid out at a rate less than par value.
Ibid. Sec. 3. 95.] The railroad companies already
organized or incorporated, or hereafter to be organized or
incorporated, under the laws of this State, are hereby
authorized to receive the bonds of any county or city
becoming subscribers to the capital stock of such company,
at par, and in lieu of cash, and to issue their bonds, bearing
interest not exceeding ten per. cent, per annum for any
moneys by them borrowed for the construction of their
railroad and fixtures, or for the purchase of engines and
cars, and for such purpose may dispose of any bonds by
them received, as aforesaid.
1 hid. Sec. 4. 96.] No subscription shall be made, or
purchase, or bond issued by any county or city under the
provisions of this act, whereby any debt shall be created by
said judges of the county court of any county, or by the
common council of any city, to pay any such subscription,
unless a majority of the qualified voters of such county or
city (taking as a standard the number of votes thrown at
the last general election previous to the vote had upon the
question of subscription, under this act, for county officers),
shall vote for the same; and the judges of the county court
of any county, or the common council of any city, desiring
to take stock as aforesaid, shall give at least thirty days'
notice, in the same manner as notices are given for the elec¬
tion of State or county officers in said counties, requiring
•said electors of said counties or said cities to vote upon the
day named in such notices, at their usual place of voting, for
or against the subscription for said capital stock which they
may propose to make, and said notices shall specify tb$
216
company in which stock is proposed to he subscribed, the
amount which it is proposed to take, and the time which
the bonds proposed to be issued are to run, and the interest
which said bonds are to bear; or in case it is proposed to
borrow money to pay such subscription, then the notices
shall state the terms upon which such loan is to be effected ;
and the opinion of the electors shall he expressed upon
their ballots "For subscription," or "Against subscription,"
and counted and returned by the judges and clerks of elec¬
tions, as in other cases; and if a majority of the voters of
said county or city, assuming the standard aforesaid, shall
he in favor of the same, such authorized subscription
or purchase, or any part thereof, shall then be made by
said judges or common council. In case any election had
under this act is held upon a day of a general election, then
the number of votes thrown at such general election for
county officers shall be the standard of the number of qual¬
ified voters, as aforesaid. Xo bonds shall be issued under
the provisions of this act by any county or city, excepting
for the amounts required to be paid at the time of subscrip¬
tion, and for the amounts of and at the time when assess¬
ments upon all the stockholders of said company shall be
regularly assessed and made payable.
Laws 1854, 11. 1 Mar. Sec. 1. P. 1076. S. 953. 97.
Issue of Bonds.] In any city or county in this State,
which, under the provisions of * * [the foregoing act]
has heretofore subscribed, or may hereafter subscribe for
stock in any railroad company, payable in the bonds of
said city or county, it shall be lawful for the city council of
such city, or the judges of such county, and they are hereby
authorized and empowered to issue and deliver to such
railroad company the whole or any portion of the bonds of
such city or county, payable on such subscription at any
time hereafter, when, in their opinion, the interest of such
city or county will be promoted thereby, whether the
assessments upon the stockholders of said company have
been regularly assessed and made payable or not.
Pr. Laws 1855, 304. 12 Feb. [13 Apr.] Sec. 3. Par. 1078.
98. Of Borrowing Money.] Every railroad company,
217
incorporated or organized, or which may hereafter he
incorporated or organized under the authority of the laws
of this State, shall have power to borrow such sums of
money, from time to time, as may, in the opinion of the
directors, or a majority of them, he necessary for con¬
structing, completing or operating their railroad, or for
aiding in the construction, or operating any connecting
railroad, whether within or without this State, and
may issue and dispose of their bonds or obligations
for any amount so borrowed, and may mortgage all or
any portion of their property and franchises, to secure
the payment of any debt contracted by the company for
the purpose aforesaid; and such company may sell their
bonds or obligations, either within or without the State, at
such rates and prices as the directors of the company, or a
majority of them, may sanction and determine, and said
sales shall be as valid and obligatory upon the company for
the full amount of the bonds or obligations sold, as if such
bonds or obligations were sold at par value; and all such
bonds and obligations may be made convertible into stock
at such times and upon such terms as the directors may
determine.—[See, also, Laws 1852, 192, Sec. 16.]
Laws 1865, 103. 16 Feb. Sec. 1. 99. Speed oe Trains.]
Whenever any railroad company, who shall, by them¬
selves or agents, run or put their trains or engines to
be run at a greater rate of speed through the incorporated
limits of any city or town in this State, than is permitted
by the city or town ordinances respecting said railroad
company, [said railroad company] so violating said ordin¬
ances either by themselves or agents, as aforesaid, shall be
liable to each individual sustaining damage done by said
train or engine, to the full extent of such damage.
Ibid. Sec. 2. 100.] Should any live stock be killed
by any of the railroad companies or their agents, in manner
set forth in section one of this act, the same shall be pre¬
sumed to have been done by the negligence of said company
or their agents.
218
Ihitl. See. 3. 101.] The dam ages provided for in sec¬
tion one of this act may he recovered by action of debt or
assumpsit before any justice of the peace where the amount
of damage does not exceed $100, or by suit in the circuit
court, as the party may elect, where the amount of
damages does exceed $20.
Laws 1869, 308. 22 Mar. Sec. 1. 102. Classification
of Directors.] It shall he lawful for any railroad company,
organized and doing business, or which shall hereafter he
organized under any law or laws of this State, by resolution
of its board of directors or executive committee, to divide
its board of directors into three classes, numbered consec¬
utively, the term of office of the first class to expire on the
day of the annual election of said company then next ensu¬
ing, the second class one year thereafter, and the third class
two years thereafter. At each annual election after such
classification, the stockholders of such company shall elect,
for a term of three years, a number of directors equal to
the number in the class, whose term expires on the day of
such election, all other vacancies to be filled in accordance
with the by-laws of said company.
Laws 1869, 312. 29 Mar. Sec. 1. 103. hi res Caused by
Locomotives.] In all actions against any person, or incor¬
porated company, for the recovery of damages on account
of any injury to any property, whether real or personal,
occasioned by fire, communicated by any locomotive engine
while upon, or passing along any railroad in this State, the
/
fact that such fire was so communicated shall be taken as
full prima facie evidence to charge with negligence the
corporation, or person or persons, who shall at the time of
such injury by fire, be in the use and occupation of such
railroad, either as owners, lessees or mortgagees, and also
those who shall at such time have the care and management
of such engine; and it shall not, in any case, be considered
as negligence on the part of the owner or occupant of the
property injured, that he has used the same in the manner,
or permitted the same to be used or remain in the condi¬
tion it would have been used or remained, Lad no railroad
210
passed through or near the property so injured, except in
cases of injury to personal property, which shall he at the
time upon the property occupied by such railroad. This
act shall not apply to injuries already committed.
Laws 1869, 322. 9 Apr. Bee. 1. 104. Taxation—'Roll¬
ing Stock and Personal Property.] Whenever any rail¬
road, or any part thereof, shall be used or operated under
any lease, contract or arrangement, by any railroad com¬
pany or other corporation, person or persons, the com¬
pany, corporation, person or persons so using or opera¬
ting such road shall list, in the manner now provided
by law in case of railroads, the rolling stock and personal
property which may be used upon such road, in the coun¬
ties, towns and cities through which such road may run,
whether such rolling stock belongs to such road, or to the
company, corporation, person or persons using and opera¬
ting such road; and all such rolling stock and personal
property shall be listed and taxed in the several counties,
towns and cities, pro rata, in proportion to the length of
the main track of such road in such county, town or city,
shall bear to the whole length of such road; Provided, that
in all cases where the rolling stock of any company, corpo¬
ration, person or persons, shall be used indiscriminately
upon the road used and operated, as aforesaid, and by and
upon its, his, or their roads, in connection therewith, the
same shall be listed and taxed in the proportion which the
combined length of the main tracks of said roads in the
county, town and city, through which said line or lines
pass, bear to the entire combined length of said road.
IX. STATE TAXES.
Laws 1869, '316. 16 Apr. Sec. 1. 105. Refunding of
State Taxes.] Whenever any county, township, incorpo¬
rated city or town, shall have created a debt which still
remains unpaid, or shall create a debt under the provisions
of any law of this State, to aid in the construction of any
railway or railways, that shall be completed wTitliin ten
220
years after the passage of this act, whose line shall run
near to, into or through said county, township, city or
town, it shall he lawful for the State treasurer, and he is
hereby recpiired, immediately upon receiving the revenue
for each year, to place to the credit of such county, town¬
ship, city or town so having incurred such indebtedness, in
the State treasury, annually, for and during the term often
years, all the State taxes collected and paid into the State
treasury on the increased valuation of the taxable property
of said county, township, city or town, as shown by the
annual assessment rolls over and above the amount of the
assessment roll of the year 1868, excepting the State school
tax, and the two mill tax provided for by the constitution
of this State for the navment of the State debt. And when-
X v
ever any county, township, city or town shall have created
a debt, as aforesaid, it shall also be lawful for the collector
of taxes, and he is hereby recpiired, annually, for and
during a term of ten years, to pay into the State treasury
all the taxes collected for any purpose whatever, 011 the
assessment of the railroad or railroads for whose aid the
said debt was incurred, including the road-bed and super¬
structure, and all fixtures and appurtenances thereof, the
locomotives, cars, machinery and machine shops, depots, and
all other property, real and personal, of said railway com¬
pany within such county, township, city or town; and
immediately upon receiving the same the State treasurer
shall place to the credit of such county, township, city or
town, in the State treasury the whole amount so received,
except the State school tax, and the two mill tax provided
by the constitution of this State for the payment of the
State debt; and it shall be the duty of the said collector of
taxes to furnish the State auditor a separate and detailed
account of the amount of taxes collected from said railwav
or railwavs, at the time of his annual settlement with the
State auditor. And the State treasurer shall give to said
collector separate receipts for the respective amounts paid
into the State treasury to the credit of said county, and
said receipts shall be taken and received by the county
court, or other legal authorities, as vouchers for the amount
/ • o • / * * - - • -' *
221
collected 011 account of the county and local assessments
on said railroad property in the annual settlement with
such collector, and the several amounts of money in this
section provided and ordered to be placed to the credit of
such county, township, city or town, shall be applied by the
State treasurer to the payment of the bonded railroad debt
of such county, township, city or town, as hereinafter
provided.
1 bid. Sec. 2. 106. Registration of Bonds.] And the
county clerk or other proper officer, upon the issuing of
the bonds in payment of said railroad debt, shall make a
registration thereof in a book to be kept for that purpose
iu his office, showing the date, amount, number, maturity,
and rate of interest of such bonds, and upon the subscrip¬
tion or donation to what railroad the same was given. And
the said bonds, and bonds heretofore issued and still unpaid,
in order to receive the benefits of this act, shall be regis¬
tered by the holder thereof at the office of the auditor of
public accounts, who shall cause the same to be registered
in a book kept for that purpose. Such registration shall
show the date, amount, number, maturity, and rate of
interest of such bond, under what act, and by what county,
township, city or town issued; and the auditor shall, under
his seal of office, certify upon such bond the fact of such
registration, for which registration and certificate the audi¬
tor shall be entitled to a fee of $1 from the holder of each
bond.
Ibid. Sec. 3. 107. Certificate Made Out.] I11 all
cases when any county, township, incorporated city 01*
town shall issue bonds under the provisions of law, and be
entitled to the benefits of this act, it shall be the duty of
the county clerk of such county, or of the officer to whom or
to whose office the assessment rolls for State taxation are
or shall be returnable, within five days after such return,
to make out and transmit to the State auditor, to be filed
in his office, a certificate stating the total value of all prop¬
erty, real and personal, within such county, township, city
or town, as exhibited by such assessment.
1 bid. Sec. 4. 108. Interest on the Bonds.] When
the bonds of any county, township, city or town shall be
so registered, the State auditor shall annually ascertain the
amount of interest for the current year due, and accrued, and
to accrue upon such bonds, and from the amount so ascer¬
tained he shall deduct the amount in the State treasury
placed to the credit of such county, township, city or town,
as herein provided and directed, and from the basis of the
certificate of valuation of property heretofore provided to
be transmitted to him, or in case no such certificate shall
be filed in his office, then upon the basis of the total assess¬
ment of such county, township, city or town, for the year
next preceding, he shall estimate and determine the rate
per centum on the valuation of property within such county,
township, city or town, requisite to meet and satsify the
amount of interest unprovided for, together with the ordi¬
nary cost to the State of collection and disbursement of the
same, to be estimated by the auditor and treasurer, and
shall make and transmit to the county clerk of such county,
or to the proper officer or authority whose duty it is or
shall be to prepare the estimates and books for the collec¬
tion of State taxes in such county, township, city or town,
a certificate stating such estimated requisite per centum for
such purpose, to be filed in his office, and the same per cen¬
tum shall thereupon be deemed added to and a part of the
per centum which is or may be levied or provided by law
for purposes of State revenue, and shall be so treated by such
clerk, officer or authority in making such estimates and
books for the collection of taxes, and the said tax shall be
collected with the State revenue, and all laws relating to
the State revenue shall apply thereto, except as herein
otherwise provided.
Ibid. Sec. 5. 109. Application of Taxes.] The State
shall be deemed the custodian only of the several taxes so
collected and credited to such county, township, city or
town, and shall not be deemed in any manner liable on
account of anv such bonds, but the tax and funds so col-
«j y
lected shall be deemed pledged and appropriated to the
payment of the interest and principal of the registered
902
\J
bonds herein provided for, until fully satisfied. The State
shall annually collect and apply all the said taxes and funds
placed to the credit of such county, township, city or town,
for and during the term of eight years, to the payment of
the annual interest on such registered bonds of such county,
township, city or town, in the same manner as interest 011
the bonds of the State is or may be collected and paid, but
in like moneys as shall be receivable in payment of State
taxes; and for and during the remainder of the term of
years during which said registered bonds shall remain
unpaid, the funds provided in Sec. 1 of this act accruing
from taxes collected 011 the property of said railroad or
railroads, and the surplus, if any, of the other funds, in this
act provided, remaining after the payment of the interest
011 the bonds, shall be applied to the payment of the prin¬
cipal of said registered bonds 011 presentation at the State
treasury; or the treasurer shall purchase the same in open
market at not more than par; and upon such payment or
purchase of the said bonds, the amount paid upon the
principal of said bonds shall be indorsed thereon, and
receipts therefor shall be taken and filed in the office of the
State treasurer; and the interest-coupons or bonds, when
fully paid, shall be returned to the office of the State treas¬
urer, and shall be canceled and destroyed in the same man¬
ner as those appertaining to the State debt; and the fund
derived from the taxes collected 011 the increased assessment
over the year 1868, and the tax levied to meet the interest
on said registered bonds, shall continue to be annually
applied to the interest of said bonds; and the said taxes
and funds required in this act to be placed to the credit of
counties, townships, cities and towns, shall be applied by
the State treasurer to the payment of the registered railroad
bonds of such county, township, cities or towns, equally
and without discrimination.
Ibid. Sec. 6. 110. In Case of Surplus.] The State
may, out of such funds, first retain or satisfy the ordinary
costs of the State of the collection and disbursement thereof ;
and in case of non-presentment of any such bonds or inter¬
est-coupons for payment at the time and place, when and
224
where the interest on the State debt is or may be paid, then,
011 the beginning of the next year, the money by reason
thereof undisbursed, together with any surplus for any
cause remaining, shall be carried to the fund of such county,
township, city, or town of the current or ensuing year, and
be considered by the auditor in making his next estimate
for taxation therein for such year under this act, and shall
V '
be applied accordingly during the first eight years of the
operation of this act. All laws relating to the payment of
interest on the State debt, or the cancellation of evidences
thereof, not inconsistent with this act, shall apply to the
receipt, custody, and disbursement of the taxes and funds
provided by this act.
1 bid. Sec. 7. 111. Conditions of Registration.] And
it shall not be lawful to register any bonds under the pro¬
visions of this act, or to receive any of the benefits or
advantages to be derived from this act, until after the rail¬
road in aid of the construction of which the debt was
incurred, shall have been completed near to, or in such
county, township, city or town, and cars shall have run
thereon; and none of the benefits, advantages, or provi¬
sions of this act shall apply to any debt unless the subscrip¬
tion or donation creating such debt was first submitted to
an election of the legal voters of said county, township,
city or town, under the provisions of the laws of this State,
and a majority of the legal voters living in said county,
township, city or town, were in favor of such aid, subscrip¬
tion or donation, and any county, township, city or town
shall have the right, upon making any subscription or
donation to any railroad company to prescribe the condi¬
tions upon which such bonds, subscriptions, or donations
shall be made, and such bonds, subscriptions, or donotions
shall not be valid and binding, until such conditions prece¬
dent shall have been complied with, and the presiding
judge of the county court, or the supervisor of the town¬
ship, or the chief executive officer of the city or town that
shall have issued bonds to any railway or railways, imme¬
diately upon the completion of the same near to, into, or
through such county, township, city or town, as may have
223
been agreed upon, and the running of the ears thereon,
shall certify, under oath, that all the preliminary conditions
in this act required to be done to authorize the registration
of such bonds, and to entitle them to the benefits of this
act, have been complied with, and shall transmit the same
to the State auditor, with a statement of the date, amount,
number, maturity, and rate of interest of such bonds, and
to what company, and under what law issued, and there¬
upon the said bonds shall be subject to registration by the
State auditor, as hereinbefore provided.
Ibid. Sec. 8. 112. County Directors Appointed.] And
each railway company, in aid of which any bonds shall
hereafter be issued by any county, township, incorporated
city or town, to pay for any subscription to the capital
stock of such company, or for any donation made to such
company, shall, give to such counties, townships, cities
and towns, collectively, a representation in the board
of directors of such company of one-fourth of the num¬
ber of such board of directors, until after the said rail¬
way shall have been completed, and the cars shall have
run thereon, and until all the conditions of the subscrip¬
tions and donations to such railway company by such
counties, townships, cities and towns, shall have been fully
settled and complied with by said railway company; ami
thereafter the said counties, townships, cities and towns,
shall be represented in said boards of directors only in the
manner and in the proportion that other stockholders are
represented; and the Governor of the State is hereby
authorized and empowered to appoint the directors herein
provided to represent the interests of said counties, town¬
ships, cities and towns, in the boards of directors of such
railways as shall receive bonds, to be entitled to the
benefits of this act.
1 bid. Sec. 9. 113, Duties of the Auditor.] And the
State auditor, from the total value of all the property in
the State, after the same shall have been equalized in
accordance with the provisions of "An act to amend the
revenue laws, and to establish a State board of equalization
226
of assessments," approved March 8, 1867, shall deduct the
amount of the said increased valuation of the taxable prop¬
erty above the valuation of the year 1868, in such counties,
townships, incorporated cities and towns as may be entitled
to the benefits of this act, and the taxes upon which are
herein directed to be credited to counties, townships, cities
and towns, and upon the amount remaining, he shall cause
to be collected such a per cent, as shall be sufficient to pay
the appropriations and other demands upon the treasury
due to the end of each fiscal year, and the same per cent,
shall also be collected on the said increased valuation above
the valuation of the year 1868, and applied as herein pro¬
vided.
Ibid. Sec. 10. 114. Payment.] Upon the payment of
any such registered bond or interest-coupons by the county,
township, city or town issuing the same, and presentation
thereof to the State, auditor, he shall cause due entry
thereof to be made in his office.
Ibid. Sec. II. 115. Act to Cease.] And if the prin¬
cipal and interest of the bonds registered under the provi¬
sions of this act shall be fully paid and canceled at any
time before the expiration of the full term of ten years,
during which the funds provided in Sec. 1 of this act, are
to be applied to the credit of such county, township, city
or town, then the provisions of this act in respect thereto
shall cease and determine, and no further money derived
from said taxes shall be so applied.
1 bid. Sec. 12. 116, Collectors's Bonds—Fees.] The
collector's bonds in counties, townships, cities and towns
where collections shall be made under the provisions of this
act, shall be increased 50 per centum, and collectors in
counties not under township organization, shall pay into
the State treasury a sufficient amount of the taxes collected
in such county to meet the interest to be annually paid on
such registered bonds, on or before the 20th day of June
in each year; and there shall be allowed and paid to county,
township, city and town collectors, for collecting and pay¬
ing over the taxes levied by virtue of this act, the folio whig'
227
rates of commissions, to be ascertained and computed in
in the same manner that commissions for collecting and
paying over the State taxes are ascertained and computed,
and paid from the taxes so collected, to-wit: To township,
city or town collectors, at the rate of two per centum 011
all sums collected, and to county collectors at the rate of
one per cent. 011 all sums received by them from township,
city and town collectors, which shall be in full for receiving
the same and paying it into the State treasury, and for
adjusting the accounts of and settling with the township,
city and town collectors for their collections of said tax,
and a commission of three per cent, on all sums by them¬
selves collected and paid over into the State treasury.
X. CROSSIXGS.
Laics 1869, 812. 31 Mar. Sec. 1. 117. Crossings Main¬
tained.] At all the railroad crossings of the public high¬
ways of this State, outside the corporate limits of the cities
and villages, the several railroad companies of this State
shall erect, construct and maintain the same, and the
approaches thereto, within their respective rights of way,
so that, at all times, they shall be safe as to lives of persons
and property.
J bid. Sec. 2. 118. Duty of Surveyors.] It shall be
the duty of the county surveyors of each county in tins
State, at least once in each year, after the passage of this
act, to notify any and all railroad companies within their
respective counties, by leaving a written notice with any
superintendent or any station agent of the company resident
of such county, twenty days prior to a certain day named
when he will proceed to view and examine any and all rail¬
road crossings of tlie public highways in that county, upon
such railroad, naming the same, for the purpose of deter¬
mining what, if anything, shall be done to make any or all
of the [them] safe as to the lives of persons and property.
J bid. See. 3. 119. Xotices Binding.] Any such rail¬
road agent 111 this State that shall receive such notice, shall
immediately transmit tlie to tliesame nearest superintend¬
ent of sncli road, whose duty it shall he to transmit the
same to the general superintendent; and the receiving any
such notice by any such superintendent or agent, from any
county surveyor, shall be deemed a sufficient notice, and
binding 011 such railroad company.
1 bid. Sec. 4. 120. After Notice Received.] When
any railroad company shall have received a notice, as pro¬
vided in Sec. 3 of this act, it shall be the duty of said rail¬
road company to direct its chief engineer, or any other
civil engineer, to meet such county surveyor at the time
and place named in said notice, and the county surveyor
and such engineer shall, without unreasonable delay, pro¬
ceed to view and examine all the railroad crossings of such
railroad over the public highways in that county, to then
and there determine what shall be done at any and all
crossings 011 such highways, by the railroad company,
within their rights of way, in order to make them safe to
life and property.
Ibid. Sec. 5. 121. Disagreement.] I11 all cases, when
the county surveyor and railroad engineer cannot agree,
they shall call in any civil engineer they may choose, not
in the employ of any railroad company, and in all cases
the decision of a majority of them shall be binding 011 both
parties.
Ibid. Sec. 6. 122. Report Made.] The county sur¬
veyor and railroad engineer, acting under the provisions of
this act, after viewing and determining what shall be done
at the various railroad crossings, and by whom, shall make
a report in writing, a copy of which report shall be filed
with the county clerk of such county, and be by him placed
upon record and laid before the board of supervisors, in
counties adopting township organization, and the county
court in counties not adopting township organization, and
also with such railroad company, for their information.
Ibid. Sec. 7. 123. Company Neglecting.] In case any
railroad company, notified as provided for in Sec. 2 of this
229
act, neglect or refuse to appear by an engineer, as provided
for in this act, sucli county surveyor shall proceed to per¬
form the duties required by Sec. 4 of this act, and tile a
written report, as required by such section; and any rail¬
road company that shall refuse or neglect, for the space of
sixty days after receipt of sucli notice, to alter, construct
or maintain any or all railroad crossings of the public high¬
ways, as required of tliem in such report, the board of
supervisors or county court, as the case maybe, shall,with¬
out unreasonable delay, cause to be made all such altera¬
tions, repairs, and to have constructed and maintained such
improvements upon the railroad crossings with the public
highways as may be designated in the report of the county
surveyor, at the cost of the railroad company, including
the services of the county surveyor, at the rate of $10 per
day for each day so employed.
Ibid. Sec. 8. 124. Flagman and His Duties.] In all
cases, when the parties named in Sec. 4 of this act shall
recommend that a flagman be placed at any crossing, it
shall be the duty of such railroad company, within sixty
days thereafter, to place and retain a flagman at such cross¬
ing, who shall perform the duties usually required of flag¬
men ; and such flagmen are hereby empowered to stop any
and all persons from crossing a railroad track when, in his
opinion, there is danger from approaching trains; and any
railroad company refusing or neglecting to place flagmen,
as required by this section, shall be liable to a fine of $100
per day for every day they shall neglect or refuse so to do;
such tine, when collected by due process of law, shall be
paid to the proper officer of and for the benefit of the
school district within which such railroad crossing is situ¬
ated. It is hereby made the duty of the board of supervi¬
sors, or county court, as the case may be, to enforce the
payment of such fines and forfeitures before any court of
record in the county, and the prosecuting attorney shall
attend to the prosecution of all such suits, as directed by
said boards of supervisors or county courts; all moneys
collected under the provisions of this act shall be paid into
the county treasury, subject to the order of the school
230
directors of tlio district in which any such crossing is
situated.
1 bid. Sec. 9. 125. Surveyor's Record.] The county
surveyor shall keep a record of the duties performed, and
copies of notices served under the provisions of this act,
and which shall become a part of the records of his office,
and shall he paid by the county a reasonable amount for
any services rendered under the provisions of this act, the
payment for which is not herein designated.
Ibid. Sec. 10. 12S. Penalties Against the Surveyor.]
Any county surveyor refusing or neglecting to perform in
good faith the duties required of him by this act, shall be
liable to a fine of not less than $100, nor more than $1,000,
for every year he refuses or neglects to perform such duties;
which lines may be collected by action in any court of rec¬
ord having jurisdiction; and it is hereby made the duty of
the prosecuting attorney to enforce the provisions of this
section, before any court of record in such county; in case
of neglect or refusal of the county surveyor to perform
such duties, the board of supervisors, or county court, as
the case may be, shall, at their first session thereafter,
employ some competent civil engineer to perform such
duties as are herein required of the county surveyor, and
who shall receive the same compensation, and be liable to
the same penalties, after accepting the appointment, as
herein provided.
XI. RAILROAD AXD WAREHOUSE COMMISSION.
An act to establish a board of railroad and warehouse comm issioners, and pre¬
scribe their powers and duties. Approved April 13, 1871. In force July
I, 1871.
127. Appointment of Commissioners.] Sec. 1. A com¬
mission, which shall be styled "Railroad and "Warehouse
Commission," shall be appointed, as follows: Within
twenty days after this act shall take effect, the Governor
shall appoint three persons as such commissioners, who
shall hold their office until the next meeting of the General
Assembly, and until their successors are appointed and
qualified. At the next meeting of tlie General Assembly,
and every two years thereafter, the Governor, by and with
the advice and consent of the senate, shall appoint three
persons as such commissioners, who shall hold their offices
for the term of two years from the first day of January, in
the year of their appointment, and until their successors
are appointed and qualified.
123. Who may be Commissioners.] Sec. 2. Ao person
shall be appointed as such commissioner who is, at the time
of his appointment, in any way connected with any rail¬
road company or warehouse, or who is directly or indirectly
interested in any stock, bond or other property of, or is in
the employment of any railroad company or warehouse¬
man. And 110 person appointed as such commissioner
shall, during the term of his office, become interested in
any stock, bond, or other property of any railroad com¬
pany or warehouse, or in any manner be employed by or
connected with any railroad company or warehouse. The
Governor shall have power to remove any such commis¬
sioner, at any time, in his discretion.
129. Oath and Bond Required.] Sec. 3. Before enter¬
ing upon the duties of his office, each of the said commis¬
sioners shall make and subscribe and file with the Secretary
of State an affidavit, in the following form:
" I do solemnly swear (or affirm, as the case may be) that I will support the
constitution of the United States and the constitution of the State of Illinois,
and that I will faithfully discharge the duties of the office of commissioner of
railroads and warehouses, according to the best of my ability."
And shall enter into bonds, with security to be approved by
the Governor, in the sum of $20,000, conditioned for the
faithful performance of his duty as such commissioner.
130. Compensation of Commissioners.] Sec. 4. Each
of said commissioners shall receive for his services a sum
not exceeding $3,500 per annum, payable quarterly. They
shall be furnished with an office, office furniture, and sta¬
tionery at the expense of the State, and shall have power
to appoint a secretary, to perform such duties as they shall
assign to him. Said secretary shall receive for his services
2-32
a sum not exceeding1 $1,500 per annum. The office of the
said commissioners shall he kept at Springfield, and all
sums authorized to he paid by this act shall he paid out of
the State treasury, and only on the order of the Governor:
Providedr, that the total sum to be expended by said com¬
missioners for office rent and furniture and stationery shall
in no case exceed the total sum of $800 per annum.
131. Allowed to Pass.] Sec. 5. The said commission¬
ers have the right of passing, in the performance of their
duties concerning railroads, on all railroads and railroad
trains in this State.
132. Annual Peport of Each Company.] Sec. 6. Every
railroad company incorporated or doing business in this
State, or which shall hereafter become incorporated, or do
business under any general or special law of this Stale,
shall, on or before the first day of September, a. d. 1871,
and on or before the same day in each year thereafter,
make and transmit to the commissioners appointed by vir¬
tue of this act, at their office in Springfield, a full and true
statement, under oath of the proper officers of said corpo¬
ration, of the affairs of their said corporation as the same
existed on the first day of the preceding July, specifying:
1. The amount of capital stock subscribed, and by
whom.
2. The names of the owners of its stock, and the amounts
owned by them respectively, and the residence of each
stockholder, as far as known.
3. The amount of stock paid in, and by whom.
4. The amount of its assets and liabilities.
5. The names and place of residence of its officers.
6. The amount of cash paid to the company on account
of the original capital stock.
7. The amount of funded debt.
8. The amount of floating debt.
9. The estimated value of the road-bed, including iron
and bridges.
10. The estimated value of rolling stock.
11. The estimated value of stations, buildings and fix¬
tures.
233
12. The estimated value of other property.
13. The length of single main track.
14. The length of double main track.
15. The length of branches, stating whether they have
O * O
single or double track.
16. The aggregate length of siding and other tracks not
above enumerated.
17. The number of miles run by passenger trains during
the year preceding the making of the report.
18. The number of miles run by freight trains during the
same period.
19. The number of tons of through freight carried during
the same time.
20. The number of tons of local freight carried during
O O
the same time.
21. Its monthly earnings for the transportation of pas¬
sengers during the same time.
22. Its monthly earnings for the transportation of freight
during the same time.
23. Its monthly earnings from all other sources respect¬
ively.
24. The amount of expense incurred in the running and
management of passenger trains during the same time.
25. The amount of expense incurred in the running and
management of freight trains during the same time; also,
the amount of expense incurred in the running and man¬
agement of mixed trains during the same time.
O o
26. All other expenses incurred in the running and man¬
agement of the road during the same time, including the
salaries of officers, which shall be reported separately.
27. The amount expended for repairs of road and main¬
tenance of way, including repairs and renewal of bridges
and renewal of iron.
28. The amount[s] expended for improvement, and
whether the same are estimated as a part of the expenses
of operating or repairing the road, and, if either, which.
29. The amount expended for motive power and cars.
30. The amount expended for station houses, buildings,
and fixtures.
234
31. All other expenses for tlie maintenance of way.
32. All other expenditures, either for management of
road, maintenance of way, motive power and cars, or for
other purposes.
33. The rate of fare for passengers for each month during
the same time, through and way passengers separately.
34. The tariff of freights, showing each change of
o 7 o o
tariff during the same time.
35. A copy of each published rate of fare for passengers
and tariff of freight in force, or issued for the government
of its agents during the same time.
o o
36. Whether the rate of fare and tariff of freights in
such published lists are the same as those actually received
by the company during the same time; if not, what were
received.
37. What express companies run on its roads, and on
what terms, and on what conditions; the kind of business
done by them, and whether they take their freights at the
depots or at the office of such express companies.
38. What freight and transportation companies run on
its road, and on what terms.
39. Whether such freight and transportation companies
use the cars of the railroad or the cars furnished by them¬
selves.
40. Whether the freight or cars of such companies are
given any preference in speed or order of transportation,
and if so, in what particular.
41. What running arrangements it has with other rail¬
road companies, setting forth the contracts for the same.
133. Other Interrogatories.] Sec. 7. The said com¬
missioners may make and propound to such railroad
companies any additional interrogatories, which shall be
answered by such companies in the same manner as those
specified in the foregoing section.
134. Scope of the Act.] Sec. 8. Sections 6 and 7 of
this act shall apply to the president, directors, and officers
of every railroad company now existing, or which shall be
incorporated or organized in this State, and to every lessee,
manager, and operator of any railroad within this State.
235
135. Statement by Warehouseman.] Sec. 0. It shall
be the duty of every owner, lessee, and manager of every
public warehouse in this State, to furnish in writing, under
oath, at such times as such railroad and warehouse com¬
missioners shall require and prescribe, a statement concern¬
ing the condition and management of his business as such
warehouseman.
136. Annual Report by Commissioners.] Sec. 10. Such
commissioners shall, on or before the first day of December
in each year, and oftener, if required by the Governor so
to do, make a report to the Governor of their doings for
the preceding year, containing such facts, statements, and
explanations as will disclose the actual workings of the
system of railroad transportation and warehouse business
in their bearings upon the business and prosperity of the
people of this State, and such suggestions in relation
thereto, as to them may seem appropriate, and particularly:
1. Whether, in their judgment, the railroads can be classi¬
fied in regard to the rate of fare and freight to be charged
upon them, and, if so, in what manner. 2. Whether a
classification of freight can also be made, and, if so, in what
manner. They shall also, at su'ch times as the Governor
shall direct, examine any particular subject connected with
the condition and management of such railroads and ware-
houses, and report to him, in writing, their opinion thereon,
with their reasons therefor.
137. Further Duties of Commissioners.] Sec. 11. Said
commissioners shall examine into the condition and man¬
agement, and all other matters concerning the business of
railroads and warehouses in this State, so far as the same
pertain to the relation of such roads and warehouses to the
nublic and to the accommodation and security of persons
doing business therewith; and whether such railroad com¬
panies and warehouses, their officers, directors, managers,
lessees, agents, and employes comply with the laws of this
State now in force, or which shall hereafter be in force
concerning them.
Commissioners Shall Prosecute.] And whenever it
shall come to their knowledge, either upon complaint or
23G
otherwise, or thov shall have reason to believe that anv
sueli law or laws have been or are being violated, tliev
O 1 t
shall prosecute or cause to he prosecuted all corporations
or persons guilty of such violation. In order to enable said
commissioners efficiently to perform their duties under this
act, it is hereby made their duty to cause one of their mini-
her, at least once in six months, to visit each county in the
State in which is or shall he located a railroad station, and
personally inquire into the management of such railroad
and warehouse business.
' 138. Cancellation of Warehouse Licenses.] Sec. 12.
Said commissioners are hereby authorized to hear and
determine all applications for the cancellation of warehouse
licences in this State, which may be issued in pursuance of
any laws of this State, and for that purpose to make and
adopt such rules and regulations concerning such hearing
and determination as may from time to time by them be
deemed proper. And if, upon such hearing, it shall appear
that any public warehouseman has been guilty of violating
any law of this State concerning the business of public
warehousemen, said commissioners mav cancel and revoke
the license of said public warehouseman, and immediately
notify the officer who issued such license of such revocation
and cancellation. And no person whose license as a public
warehouseman shall be canceled or revoked, shall be enti¬
tled to another license, or to carry on the business in this
State of such public warehouseman, until the expiration of
six months from the date of such revocation and cancella¬
tion, and until he shall have again been licensed: Provided,
that this section shall not be so construed as to prevent any
such warehouseman from delivering any grain on hand at
the time of such revocation or cancellation of his said
license. And all licenses issued in violation of the provi¬
sions of this section shall be deemed null and void.—[As
to revocation of licenses, see, also, Cli. 106, Sec. 27.]
139. Commissioners May Examine Fully.] Sec. 1-3.
The property, books, records, accounts, papers and pro¬
ceedings of all such railroad companies, and all public
\
warehousemen, shall at all times, during business hours, be
subject to the examination and inspection of such commis¬
sioners, and they shall have power to examine, under oath
or affirmation, any and all directors, officers, managers,
agents and employes of any such railroad corporation, and
any and all owners, managers, lessees, agents and employes
of such public warehouses, and other persons, concerning
any matter relating to the condition and management of
such business.
140. Power as to Witnesses.] Sec. 14. In making
any examination as contemplated in this act, or for the pur¬
pose of obtaining information pursuant to this act, said
commissioners shall have the power to issue subpenas for
the attendance of witnesses, and may administer oaths,
In case any person shall wilfully fail or refuse to obey such
subpena, it shall be the duty of the circuit court of any
county, upon application of the said commissioners, to
issue an attachment for such witness, and compel such wit¬
ness to attend before the commissioners and give his testi¬
mony upon such matters as shall be lawfully required by
such commissioners, and the said court shall have power to
punish for contempt, as in other cases of refusal to obey
the process and order of such court.
141. Witness Xot Obeying Subpena.] Sec. 15. Any
person who shall wilfully neglect or refuse to obey the pro¬
cess of subpena issued by said commissioners, and appear
and testify as therein required, shall be deemed guilty of a
misdemeanor, and shall be liable to an indictment in any
court of competent jurisdiction, and, on conviction thereof,
shall be punished for each offense by a line of not less than
$25 nor more than $500, or by imprisonment of not more
than thirty days, or both, in the discretion of the court,
before which such conviction shall be had.
142. Penalties Against Railroad Companies, their
Officers and Agents.] Sec. 16. Every railroad company,
and every officer, agent, or employe of any railroad com¬
pany, and every owner, lessee, manager or employe of any
warehouse who shall wilfully neglect to make and furnish
288
any report required in this act, at the time herein required,
or who shall wilfully and unlawfully hinder, delay or
obstruct said commissioners in the discharge of the duties
hereby imposed upon them, shall forfeit and pay a sum of
not less than $100 nor more than $5,000 for each offense,
to be recovered in an action of debt in the name and for
the use of the people of the State of Illinois; and every
railroad company, and every officer, agent or employe of
any such railroad company, and every owner, lessee, man¬
ager, or agent or employe of any public warehouse shall be
liable to a like penalty for every period of ten days it or
he shall wilfully neglect or refuse to make such report.
143. Duty of Attorney General and State's Attor¬
neys.] Sec. 17. It shall be the duty of the attorney gen¬
eral, and the State's attorney, in every circuit or county,
on the request of said commissioners, to institute and
prosecute any and all suits and proceedings which they, or
either of them, shall be directed by said commissioners to
institute and prosecute for a violation of this act, or any
law of this State concerning railroad companies or ware¬
houses, or the officers, employes, owners, operators or
agents of any such companies or warehouses.
144. Concerning Prosecutions.] Sec. 18. All such
prosecutions shall be in the name of the people of the State
of Illinois, and all moneys arising therefrom shall be paid
into the State treasury by the sheriff or other officer col¬
lecting the same, and the State's attorney shall be entitled
to receive for his compensation from the State treasury, on
bills to be approved by the Governor, a sum not exceeding
10 per cent, of the amount received and paid into the State
treasury, as aforesaid: Provided, this act shall not be con¬
strued so as to prevent any person from prosecuting any
qui tam action as authorized by law, and of receiving such
part of the amount recovered in such action, as is or may
be provided under any law of this State.
145. Private Damages.] Sec. 19. This act shall not
be construed as to waive or affect the right of any person
injured by the violation of any law in regard to railroad
239
companies or warehouses from prosecuting for his private
damages in any manner allowed by law.
XII. TRANSPORTATION OF FREIGHT.
An act to prevent unjust discriminations and extortions in the rates to he charged
by the different railroads in this State for the tranportation of freight on
said roads. Approved April 7, 1871. In force July I, 1871.
146. Freights to be Uniform.] Sec. 1. No railroad
corporation organized or doing business in this State under,
any act of incorporation or general law of this State, now
in force, or which may be hereafter enacted, shall charge
or collect for the transportation of goods,-merchandise or
property, 011 its said road, for any distance, the same nor
any larger or greater amount, as toll or compensation, than
is, at the same time, charged or collected for the transpor¬
tation of similar quantities of the same class of goods,
merchandise 01* property over a greater distance upon the
same road, nor shall such corporation charge different rates
for receiving, handling or delivering freight, at different
points on its road or roads connected therewith which it
has a right to use. Nor shall any such railroad corporation
charge or collect for the transportation of goods, merchan¬
dise or property, over any portion of its road, a greater
amount as toll or compensation, than shall be charged or
collected by it for the transportation of similar quantities
of the same class of goods, merchandise or property, over
any other portion of its road of equal distance. And all
such rules, regulations or by-laws of any such railroad cor¬
poration as fix, prescribe or establish any greater toll or
compensation than is hereinbefore prescribed, are hereby
declared to be void.
147. "Railroad Corporation" Defined.] Sec. 2. The
the term "railroad corporation" contained in this act, shall
be deemed and taken to mean all corporations, companies
or individuals, now owning or operating, or which may
hereafter own or operate any railroad in this State.
148. Rates of 1870 Standard.] Sec. 3. No railroad
corporation shall increase its rates of toll or compensation
240
to be charged for the transportation, receipt, handling or
delivery of any property from any point on its line of road,
to any other point on its line of road, by reason of any
decrease in its rates which may he required to he made
under See. 1 of this act; nor shall the rate of toll or com¬
pensation 011 any day hereafter, charged or collected for
the transportation, receipt, handling or delivery of any
property from any point on its line of road, to any other
point on its line of road, he greater or more than that
charged or collected on the same day and month in the
year 1870, for the transportation, receipt, handling or
delivery of similar quantities of the same class of prop¬
erty over the same part or portion of said road. Whenever
any railroad corporation, as lessee or otherwise, operates
any other railroad, in connection with its own road,
the provisions of this act as to charges for carrying freight,
shall apply to such other road, so operated, in like manner
as if the same were a part of the line of road owned by the
corporation operating the same; and for such purpose, all
lines of railroad operated by the same company, shall be
considered as one and the same road.
149. Penalty for Violation.] Sec. 4. Any railroad
corporation which shall fix, demand, take or receive from
any person or persons, any greater toll or compensation for
the transportation, receipt, handling or delivery of goods or
merchandise, in violation of the provisions of this act, shall
forfeit and pay for any such offense, any sum not exceding
$1,000,and costs of suit, including a reasonable attorney's fee,
to be taxed by any court where the same is heard by appeal
or otherwise; to be recovered in an action of debt by the
party aggrieved, in any court having jurisdiction thereof.
And any officer, agent or employe of any such railroad
corporation, who shall knowingly and wilfully violate the
provisions of this act, shall be liable to the penalties pre¬
scribed in this section.
150. Forfeiture of Franchises.] Sec. 5. Any wilful
violation of any of the provisions of this act, on the part
of an}r railroad corporation, shall be deemed and taken a
241
forfeiture of its franchises; and such corporation so offend¬
ing may he proceeded against by the State's attorney in
any circuit or county through or into which its road may
run, by scire facias, or upon information in the nature of a
quo warranto, to judgment of ouster and final execution.
XIII. TRANSPORTATION OF PASSENGERS. '
An act to establish a reasonable maximum rate of charges for the transportation
of passengers on railroads in this State. Approved April 15, 1871'. In
force July I, 1871.
151. Rates op Fare Limited.] Sec. 1. All railroad
corporations organized or doing business in this State,
under the laws or authority thereof, shall be limited to the
rates of compensation for the transportation of passengers
which are herein prescribed.
- ,152. Classification of Railroads.] Sec. 2. All rail¬
roads in this State shall be classified according to the gross
amount of their respective annual earnings per mile, as
follows: Class A shall include all railroads whose gross
annual earnings per mile shall be $10,000 or more. Class
B shall include all railroads whose gross annual earnings
per mile shall be $8,000, or any sum in excess thereof less
than $10,000. CI ass C shall include all railroads whose
gross annual earnings per mile shall be $4,000, or any sum
in excess thereof less than $8,000. Class 1) shall include
all railroads whose gross annual earnings per mile shall be
any sum less than $4,000.
153. L awful Rates of Fare.] Sec. 3. All railroad
corporations, according to their classification as herein pre¬
scribed, shall be limited to compensation per mile for the
transportation of any person, with ordinary baggage, not
exceeding 100 pounds in weight, as follows: Class A, two
and one-lialf cents. Class B, three cents. Class C, four
cents. Class D, five and one-half cents: Provided, that no
such corporation shall charge, demand, or receive any
greater compensation per mile, for the transportation of
children 12 years of age, or under, than half the rates above
is
prescribed: And provided, also, a charge of 10 cents may be
added to the fare of any passenger when the same is paid
upon the cars, if a ticket might have been procured within
a reasonable time before the departure of the train.
154. Act to be Posted Up.] Sec. 4. All railroad cor¬
porations shall keep posted in a conspicuous place in their
depots a printed copy of this act, with a table of distances
between each and every station of their- road, and a state¬
ment showing the class to which its road belongs.
155. Penalty for a Violation.] Sec. 5. Any railroad
corporation which shall charge, demand, or receive any
greater compensation for the transportation of any passen¬
ger than is authorized by this act, shall be liable to the
party aggrieved in the sum of $500, and the same may be
recovered, together with all costs of suit and a reasonable
attorney's fee, to be taxed by the court, in an action of
debt in any court having competent jurisdiction.
156. Forfeiture of Franchises.] Sec. 6. If any final
judgment shall be recovered against any such corporation,
under the provisions of Sec. 5 of this act, a fifth time, such
corporation shall be deemed to have forfeited all its rights,
privileges and franchises ; and it shall be the duty of the
State's attorney in any circuit or county through or into
which its road may run, to proceed against such railroad
corporation so violating any provision of this act, upon
information, in the nature of quo warranto to judgment
of ouster and final execution. And in addition to the pro¬
cedure herein provided, such corporation may be pro¬
ceeded against in such other manner as may be provided
by law.
157. Street Railroads Excepted.] Sec. 7. This act
shall not be held to apply to any city or street railroad.
243:
XIV. STATE TAXES.
An act defining the duties of the Auditor of Public Accounts under Sec. i, of
"An act to fund and provide for paying railroad debts of counties, town¬
ships, cities and towns," in force April 16, 1869. See Sections 106-116
of this Chapter. Became a law April 28, 1871. In force July I, 1871.
158. Apportionment of the Surplus.] Sec. 1. When¬
ever the valuations of property, as shown by the assessment
returns of two or more corporations, embrace the same
surplus valuation, the auditor of public accounts, in deter¬
mining the amount due by virtue of said act of April 16,
1869, to the county, the township, the city or town, shall
distribute the tax on such surplus valuation, in equal pro¬
portions, between such corporations; that is to say, should
the valuation of the county show a surplus of $3,000, the
township a surplus of $3,000, the town or city a surplus
of $3,000, each shall be entitled to the proportion of $1,000.
Any excess of such surplus valuation, in either of said cor¬
porations, and not embraced in the surplus valuation of
either of the other, shall be apportioned to such corpora¬
tion; or, if in either two of such corporations, and none in
the third, such amount shall he equally divided between
such two corporations.
159. Tax on Kailroad Property.] Sec. 2t The tax on
the property of railroads aided, appropriated in Sec. 1 of
said act of April 16, 1869, shall be apportioned by the
auditor, between counties, townships, cities and towns, in
similar cases, in the same manner as the surplus tax is
required to be apportioned by Sec. 1 of this act: Provided,
that the amount of surplus tax shall be deducted from the
amount of State tax on the railroads aided, in each corpo¬
ration, so that no county, township, city or town shall
receive both the surplus and railroad tax; or when the
amount of surplus tax exceeds the amount of State tax on
railroads aided, in any corporation, then, in such case, no
State tax on railroads aided shall be placed to the credit of
such county, township, city or town.
244
From the Constitution of IS70 of the Organic Laws of
Illinois,
ARTICLE XI.
railroads.
Section. 9. Every railroad corporation organized or
doing business in this State, under the laws or authority
thereof, shall have and maintain a public office or place in this
State for the transaction of its business, where transfers of
stock shall be made and in which shall be kept, for public in¬
spection, books, in which shall be recorded the amount of
capital stock subscribed, and by whom; the names of the
owners of its stock, and the amounts owned by them
respectively; the amount of stock paid in, and by whom;
the transfers of said stock; the amount of its assets and
liabilities, and the names and place of residence of its offi¬
cers. The directors of every railroad corporation shall
annually make a report, under oath, to the auditor of pub¬
lic accounts, or some officer to be designated by law, of all
their acts and doings, which report shall include such mat¬
ters relating to railroads as may be prescribed by law.
And the General Assembly shall pass laws enforcing by
suitable penalties the provisions of this section.
Sec. 10. The rolling stock and all other movable prop¬
erty belonging to any railroad company or corporation in this
State shall be considered personal property, and shall be
liable to execution and sale in the same manner as the per¬
sonal property of individuals, and the General Assembly
shall pass no law exempting any such property from exe¬
cution and sale.
Sec. 11. Xo railroad corporation shall consolidate its
stock, property or franchises with any other railroad cor¬
poration owning a parallel or competing line; and in no
case shall any consolidation take place except upon public
245
notice given, of at least sixty days, to all stockholders, in
such manner as may he provided by law. A majority of
the directors of any railroad corporation, now incorporated
or hereafter to be incorporated by the laws of this State,
shall be citizens and residents of this State.
Sec. 12. Railways heretofore constructed or that may
hereafter be constructed in this State, are hereby declared
public highways, and shall be free to all persons, for the trans¬
portation of their persons and property thereon, under such
regulations as may be prescribed by law. And the General
Assemby shall, from time to time, pass laws establishing
reasonable maximum rates of charges for the transporta¬
tion of passengers and freight on the different railroads in
this State.
Sec. 13. Ao railroad corporation shall issue any stock
or bonds, except for money, labor or property, actually
received, and applied to the purposes for which such corpo¬
ration was created; and all stock dividends, and other
fictitious increase of the capital stock or indebtedness of
any such corporation, shall be void. The capital stock of
no railroad corporation shall be increased for any purpose,
except upon giving sixty days' public notice, in such man¬
ner as may be provided by law.
Sec. 14. The exercise of the power, and the right of emi¬
nent domain shall never be so construed or abridged as to
prevent the taking by the General Assembly, of the prop¬
erty and franchises of incorporated companies already
organized, and subjecting them to the public necessity the
same as of individuals. The "right of trial by jury shall
be held inviolate in all trials of claims for compensation,
when, in the exercise of said right of eminent domain, anv
J o 7 v
incorporated company shall be interested either for or
against the exercise of said right.
Sec. 15. The General Assembly shall pass laws to cor¬
rect abuses and prevent unjust discrimination and extortion
in the rates of freight and passenger tariffs on the different
246
railroads in this State, and enforce such laws, by adequate
penalties, to the extent, if necessary for that purpose, of
forfeiture of their property and franchises.
ARTICLE XIII.
warehouses.
Section. 1. All elevators or storehouses, where grain or
other property is stored for a compensation, whether the
property stored be kept separate or not, are declared to be
public warehouses.
Sec. 2. The owner, lessee or manager of each and every
public warehouse situated in any town or city of not less
than 100,000 inhabitants, shall make weekly statements
under oath, before some officer to be designated by law,
and keep the same posted in some conspicuous place in the
office of such warehouse, and shall also file a copy for pub¬
lic examination in such place as shall be designated by law,
which statement shall correctly set forth the amount and
grade of each and every kind of grain in such warehouse,
together with such other property as may be stored therein,
and what warehouse receipts have been issued, and are,
at the time of making such statement, outstanding therefor;
and shall, on the copy posted in the warehouse, note daily
such changes as may be made in the quantity and grade of
grain in such warehouse; and the different grades of grain
shipped in separate lots, shall not be mixed with inferior
or superior grades, without the consent of the owner or
consignee thereof.
Sec. 3. The owners of property stored in any ware¬
house, or holder of a receipt for the same, shall always be
at liberty to examine such property stored, and all the
books and records of the warehouse in regard to such
property.
Sec. 4. All railroad companies and other common car¬
riers on railroads shall weigh or measure grain at points
247
where it is shipped, and receipt for the full amount, and
shall he responsible for the delivery of such amount to the
owner or consignee thereof, at the place of destination.
Sec. 5. All railroad companies receiving and transport¬
ing grain in bulk or otherwise, shall deliver the same to
any consignee thereof, or any elevator or public warehouse
to which it may be consigned, provided such consignee or
the elevator or public warehouse can be reached by any
track owned, leased or used, or which can be used, by such
railroad companies; and all railroad companies shall per¬
mit connections to be made with their track, so that any
such consignee, and any public warehouse, coal bank or
coal yard may be reached by the cars on said railroad.
Sec. 6. It shall be the duty of the General Assembly to
pass all necessary laws to prevent the issue of false and
fraudulent warehouse receipts, and to give full effect
to this article of the Constitution, which shall be liberally
construed so as protect producers and shippers. And the
enumeration of the remedies herein named shall not be
construed to deny to the General Assembly the power to
prescribe by law such other and further remedies as may
be found expedient, or to deprive any person of existing
common law remedies.
Sec. 7. The General Assembly shall pass laws for the
inspection of grain, for the protection of producers, ship¬
pers and receivers of grain and produce.
248
From the Constitution of the State of Missouri.
ARTICLE VIII.
banks and corporations.
Section 2. No law shall he passed, reviving or re-enact¬
ing any act heretofore passed, creating any private corpora¬
tion, where such corporation shall not have been organized
and commenced the transaction of its business within one
year from the time such act took effect, or within such
«/ 7
other time as may have been prescribed in such act for such
organization and commencement of business.
' Sec. 4. Corporations may he formed under general laws,
but shall not be created by special acts, except for munici¬
pal purposes. All general laws, and special acts passed
pursuant to this section may he altered, amended, or
repealed.
Sec. 5. No municipal corporation, except cities, shall
he created by special act; and no city shall he incorporated
with less than five thousand permanent inhabitants, nor
unless the people thereof by a direct vote upon the question
shall have decided in favor of such incorporation.
Sec. 6. Dues from private corporations shall he secured
by such means, as may he prescribed by law; hut in all
cases each stockholder shall be indi vidually liable, over and
above the stock by him or her owned, and any amount
unpaid thereon, in a further sum at least equal in amount
to such stock.
ARTICLE XI.
miscellaneous provisions.
Section 13. The credit of the State shall not be given
or loaned in aid of any person, association or corporation;
nor shall the State hereafter become a stockholder in any
249
corporation or association, except for the purpose of secur¬
ing loans heretofore extended to certain railroad corpora¬
tions by the State.
Sec. 14. The General Assembly shall not authorize any
county, city, or town to become a stockholder in, or to loan
its credit to any company, association or corporation, unless
two-thirds of the qualified voters of such county, city, or
town, at a regular or special election to be held therein,
shall assent thereto.
Sec. 15. The General Assembly shall have no power,
for any purpose whatever, to release the lien held by the
State upon any railroad.
Sec. '16. No property, real or personal, shall be exempt
from taxation, except such as may be used exclusively for
public schools, and such as may belong to the United
States, to this State, to counties, or to municipal corpora¬
tions within this State.
250
From the Statutes of the State of Missouri.
CHAPTER 37.
ARTICLE I.
CORPORATIONS PRIVATE—GENERAL POWERS AND LIABILITIES.
(jr. ch. 62. Section 1. I.1] Every corporation, as such,
has power: First, to have succession by its corporate name,
for the period limited in its charter, and when no period is
limited, for twenty years; Second, to sue and he sued, com¬
plain and defend, in any court of law or equity; Third, to
make and use a common seal, and alter the same at pleasure;
Fourth, to hold, mortgage or otherwise convey such real
and personal estate as the purposes of the corporation shall
require, not exceeding the amount limited in its charter or
the law creating it, and also to take, hold and convey such
© 7 ?
other property, real, personal or mixed, as shall he necessary
or requisite for such corporation to acquire in order to
retain or secure the payment of any indebtedness or liability
belonging to the corporation; Fifth, to appoint such sub¬
ordinate officers and agents as the business of the corpora¬
tion shall require, and allow them a suitable compensation;
Sixth, to make by-laws, .not inconsistent with existing law,
for the management of its property, the regulation of its
affairs and for the transfer of its stock; Seventh, to increase
or diminish (by a vote of its stockholders, cast as its by¬
laws may direct) the number of its directors or trustees to
not less than three nor more than thirteen, and may, in
like manner, change its corporate name without in any
(1) In the General Statutes of I860, insurance companies formed the 67th chapter, and was
inserted in the general law relating to corporations. But the Legislature, at its session in 1869,
passed a general law in regard to insurance and created an Insurance Department, and for con¬
venience I have placed everything concerning insurance together under one head.
251
wise affecting its rights, privileges or liabilities; such
changes of name or number of directors or trustees shall
take effect and he in force from the date at which the
president or secretary of such corporation shall file with
the Secretary of State an affidavit setting forth the name
adopted or the number of directors or trustees fixed,
together with the date at which such change in name or
number of directors or trustees was voted by the stock¬
holders of such corporation.
Acts 1868, p. 28. 2.] That so much of the first section
of the sixty-second chapter of the revised statutes, as
authorizes every private corporation to increase or diminish
the number of its directors or trustees, and to change its
corporate name, and all the provisions of said section as to
the mode and manner of exercising such authority, shall be
holden to extend to, and the same are hereby made appli¬
cable to all such private corporations within this State as,
by the provisions of their charter, are exempt from the
general laws in relation to corporations.
Ibid. p. 29. 3.] By-laws to direct the manner of tak¬
ing the votes of the stockholders on the question of increas¬
ing or diminishing the number of directors or trustees, or
of changing the corporate name, may be made by the
directors of the corporation for the time being.
(ji. S., ch. 62. Sec. 2. 4.] Whene ver any corporation
shall be organized under the laws of this State, it shall be
the duty of the officer of said corporation to file with the
Secretary of State a copy of the articles of association or
incorporation, and the corporate existence of such corpo¬
ration shall date from the time of filing said copy of such
articles; and a certificate by the Secretary of State,
under the seal of the State, that said corporation has be¬
come duly organized, shall be taken by all courts of this
State as evidence of the corporate existence of such cor¬
poration. Any private or public corporation may increase
its capital stock to any amount, not exceeding double the
amount of their authorized capital, by holding an election
of the stockholders, in conformity with the by-laws thereof;
252
and if at such election a majority of the stockholders shall
vote for the increase of stock, the same may he increased
by a vote of the board of directors, trustees or other busi¬
ness managers of such corporation ; and upon such increase
of stock being made, in accordance with the by-laws, the
date, amount and subscriptions for such new stock shall be
returned to the office of Secretary of State, and from the
time the same is tiled the increase of stock shall become a
part of the capital thereof.
Ibid. Sec. 3. 5.] The powers enumerated in the preced¬
ing sections shall vest in every corporation that shall here¬
after be created or organized.
Ibid. Sec. 4. 6.] In addition to the powers enumerated
in the first section of this chapter, and to those expressly
given in its charter, or in the act under which it is incorpo¬
rated, no corporation shall possess or exercise any corporate
powers, except such as shall be necessary to the exercise of
the powers enumerated or given.
Ibid. See. 5. 7.] When the corporate powers of any cor¬
poration are directed by its charter or the provisions of this
law, to be exercised by any particular body or number of
persons, a majority of such body or persons, if it be not
otherwise provided in the charter or law creating it, shall
be a sufficient number to form a board for the transaction
of business; and every decision of a majority of the per¬
sons duly assembled as a board shall be valid as a corporate
act.
Ibid. Sec. 6. 8.] Parol contracts may be binding upon
aggregate corporations, if made by an agent duly author¬
ized by a corporate vote, or under the general regulations
of the corporation, and contracts may be implied on the
part of such corporations from their corporate acts, or
those of an agent whose powers are of a general character.
Ibid. Sec. 7. 9.] The first meeting of all corporations
shall, unless otherwise provided for in their acts of incor¬
poration, be called by a notice, signed by some one or more
of the persons named as corporators in the act of incorpo-
253
ration, and setting forth the time, place and purposes of
the meeting; and such notice shall, seven days at least
before the meeting, be delivered to each member, or pub¬
lished in some newspaper of the county where the corpora¬
tion may be established, or if there be 110 such newpaper,
then in the nearest newspaper.
1 bid. Sec. 8. 10.] Whenever, for want of sufficient
by-laws for the purpose, or of officers duly authorized,
or from the neglect or refusal of such officers, or from
other legal impediments, a legal meeting of any cor¬
poration cannot otherwise be called, any justice of the
peace in the county where it is desirable to hold such
meeting, or where such corporation is established, if
it be local, may, 011 a written application of two or more
members thereof, issue a warrant to either of said members,
directing him to call a meeting of such corporation by
giving such notice as is required in the preceding section.
Ibid. Sec. 9. 11.] Whenever any meeting of any cor¬
poration shall be called by warrant from a justice of the
peace, the person to whom such warrant is directed may
call such meeting to order, and preside therein until a pre¬
siding officer is chosen and qualitied, if there be 110 officer
present whose duty it may be to preside.
Ibid. Sec. 10. 12.] When all the members of a corpo¬
ration shall be present at any meeting, however called or
notitied, and shall sign a written consent thereto on the
record of such meeting, the acts of such meeting shall be
as valid as if legally called and notitied.
Ibid. Sec. 11. 13.] If any execution shall have been
issued against the property or effects of a corporation, and
if there cannot be found whereon to levy such execution,
then such execution may be issued against any of the
stockholders to an extent equal in amount to the amount
of stock by him or her owned, together with any amount
unpaid thereon: Prodded, always, that no execution shall
issue against any stockholder except upon an order of the
court in which the action, suit or other proceeding shall have
254
been brought or instituted, made upon motion in open
court, after sufficient notice in writing to the persons sought
to be charged; and upon such motion, such court may
order execution to issue according! v.1
o
Ibid. Sec. 12. 14.] The clerk or other officer having
charge of the books of any corporation, on demand of any
officer holding any execution against the same, shall furnish
the officer with the names, places of residence (so far as to
him known), and the amount of liability of every person
liable, as aforesaid.
1 bid. Sec. 13. 15.] The board of directors, trustees, or
other body of persons lawfully exercising the corporate
powers of any corporation, may require the subscribers of
the capital stock of the company to pay the amount by
them respectively subscribed, in such manner and in such
installments as may be required by the by-laws. If any
stockholder shall neglect to pay any installment, as required
by a resolution of the board of directors, or persons exer¬
cising the corporate powers of such corporation, the
directors, or other persons exercising such corporate
powers, may declare his stock and all pervious pay-
ments forfeited to the use of the company; but no
stock shall be forfeited until they shall have caused
a notice in writing to be served on him personally, or by
depositing the same in the post-office (properly directed to
him, at the postoffice nearest his usual place of residence),
stating that he is required to make such payment, at the
time and place specified in said notice, and that, if he fails
to make the same, his stock, and all previous payments
thereon, will be forfeited for the use of the company;
which notice may be served as aforesaid, at least sixty days
previous to the day on which such payment is required to
be made.
1 bid. Sec. 14. 16.] The stock of every company formed
under this act shall, be deemed personal estate, and shall
(1) Under this section it has been held that the shareholder who owns the stock at the
issuance of the execution is liable, and not the person who owned it at the time the debt was
contracted. McLaren Franciscus, 43 Mo., 452.
255
be transferable in tbe manner prescribed by tlie laws of
the company; but 110 shares sliall be transferred until all
previous calls thereon sliall have been fully paid in.
1 bid. Sec. 15. 17.] All bodies corporate, by any suit at
law, in any court in this State, may sue for, recover and
receive from their respective members all arrears or other
debts, dues and other demands which now are or hereafter
may be owing to them, in like mode, manner and form as
they might sue for, recover and receive the same from any
person who might not be one of their body, any law, usage
or custom to the contrary thereof notwithstanding.
Ibid. Sec. 16. 18.] If the directors of any corporation
shall knowingly declare and pay any dividend when the
corporation is insolvent, or any dividend, the payment of
which would render it insolvent, they shall be jointly and
severally liable for all the debts of the corporation then
existing, and for all that shall be thereafter contracted, as
long as they shall, respectively continue in office : Provided,
that the amount for which they shall all be so liable shall
not exceed the amount of such dividend; and that if any
of the directors shall be absent at. the time of making
tbe dividend, or shall object thereto, and shall tile their
objection in writing with the clerk, or other officer of the
corporation having charge of the books, they shall be
exempted from the said liability.
Ibid. Sec. 17. 19.] Any corporation incorporated by
any other State or country, and having property in this
State, shall be liable to be sued, and the property of the
same shall be subject to attachment, in the same manner as
individuals, residents of other States or countries, and hav¬
ing property are now liable to be sued, and their property
subject to be attached: Provided, that all railroad compan¬
ies who own and operate roads terminating opposite to the
city of St. Louis, and whose chief office or place of business
is in the city of St. Louis, shall be sued in the same man¬
ner, and no other, that railroad companies chartered by the
laws of this State are now sued.
256
Ibid, Sec. 18. 20.] It shall be lawful for any corpora¬
tion to convey lands by deed, sealed with the common seal
of said corporation, and signed by the president or the
presiding member or trustee of said corporation ; and such
deed, when acknowledged by such officer to be the act of
the corporation, or proved in the usual form prescribed for
other conveyances for lands, shall be recorded in the record¬
er's office of the county where the land lies, in like man¬
ner with other deeds.1
Ibid, Sec. 19. 21.] Upon the dissolution of any corpo¬
ration already created, or which may hereafter be created
by the laws of this State, the president and directors, or
managers of the affairs of the corporation at the time of its
dissolution, by whatever name they may be known in law,
shall be trustees of such corporation, with full power to
settle the affairs, collect the outstanding debts, and divide
the moneys and other property among the stockholders,
after paying the debts due and owing by such corporation
at the time of its dissolution, as far as such money and
property will enable them; to sue for and recover such
debts and property, by the name of the trustees of such
corporation, describing it by its corporate name, and may
be sued by the same ; and such trustees shall be jointly and
severally responsible to the creditors and stockholders of
such corporation to the extent of its property and effects
that shall have come into their hands.
Ibid. Sec. 20. 22.] If any company formed under this
act dissolve, leaving debts unpaid, suits may be brought
against any person or persons who were stockholders at the
time of such dissolution, without joining the company in such
suit; and if judgment be rendered and execution satisfied,
the defendant or defendants may sue all who were stock¬
holders at the time of dissolution for the recovery of the
portion of such debt for which they were liable, and the
execution upon the judgment shall direct the collection to
(1) Where an instrument purporting to be the act of the corporation has the common seal
of the corporation attached to it, and the signatures of the proper officers are proved, it will be
presumed that such officers had authority from the corporation to execute the same. Public
Schools 7>s. Risley, 28 Mo., 415. See conveyances: ante.
be made from property of each stockholder, respectively;
and if any number of stockholders (defendants in the case)
shall not have property enough to satisfy his or their por¬
tion of the execution, then the amount of deficiency shall
be divided equally amongst all the remaining stockholders,
and collections made accordingly deducting from the
© %i 7 ©
amount a sum in proportion to the amount of stock owned
by the plaintiff at the time the company dissolved.
Ibid. Sec. 21. 23.] No charter of any corporation
granted by the Legislature of this State shall be altered,
suspended or repealed by such Legislature, unless proof be
made satisfactory to the- Legislature that liotice of such
proposed alteration, suspension or repeal has been given
to the president and secretary of such corporation, for at
least one month before the time at which such alteration,
suspension or repeal will be proposed.
Ibid. Sec. 22. 24.] A failure to elect directors on the
day designated in the by-laws of any company incorpo¬
rated under the laws of this State, shall not have the effect
of dissolving such incorporated company.
Ibid. Sec. 2-3. 25.] In all actions which may be insti¬
tuted against any corporation or incorporated company, it
shall be sufficient to issue a summons commanding the cor¬
poration, by their corporate name, to appear and answer1
the action; which summons shall be directed, as provided
by this chapter, and returnable in like manner, and subject
to the same rules and regulations as the like process in the
case of individuals.
Ibid. Sec. 24. 26.] When any such summons shall be
issued against any banking or other incorporated company,
service on the president or other chief officer of such
company, or, in his absence, by leaving a copy thereof at
any business office of said company with the person having
charge thereof shall be deemed a sufficient service; and if
the corporation have no business office in the county where
suit is brought, or if no person shall be found in charge
thereof, and the president or chief officer cannot be found
in such county, a summons shall be issued directed to the
1!J
258
sheriff of any county in this State where the president or
chief officer of such company may reside or be found, or
where any officer or place of business may be kept of such
company, and the service thereof shall he the same as above.
Ibid. Sec. 25. 27.] On the return of such summons,
served as aforesaid, the officer serving the same shall
express in his return on whom, how and when the same
had been executed; and if not on the chief officer, he shall
express the absence of such officer, or that he cannot be
found.
Ibid. Sec. 26. 28.] Suits against corporations shall be
commenced either in the county where the cause of action
accrued, or in the county where such corporations have
or usually keep an office or agent for transaction of their
usual and customary business.1
Ibid. Sec. 27. 29.] All notices, orders and rules required
to be served in the progress of any cause, shall be served
in like manner as in other civil cases.
Ibid. Sec. 28. 30.] In case the sheriff or other officer
shall return any summons not served, and it shall be made
to appear to the court that process cannot be served, the
court or clerk thereof, in vacation, shall make an order
directing the defendant to be notified of the commence¬
ment of the suit by publication, in the same manner as is
provided by law for the notifying of non-resident defend¬
ants in civil actions.
Ibid. Sec. 29. 31.] The process upon a judgment
against any corporation shall be fieri facias, which the sheriff
or other officer shall levy on the moneys, goods and chattels,
lands and tenements of such corporation, and proceed
thereon as in civil cases.
I bid. Sec. 30. 32.] Proceedings against garnishees,
under the provisions of this act, shall be the same as
against the garnishee summoned in the case of an original
(1) Process may be served on a railroad company in any county where there is any
office or place of business of the company, although the president or chief officer may not be
.found in the county, or reside therein. Dixon vs. H. & St J. R. R. Co., 31 Mo., 409.
259
attachment; but no judgment shall be rendered against
him for any debt to become due at a future day, until after
the same shall become due.
Ibid. Sec. 31. 33.] For all moneys paid by any gar¬
nishee under this act be shall have credit against the cor¬
poration to whom it was due.
Ibid. Sec. 32. 34.] If a sufficient sum be not made to
satisfy such judgment and costs, other writs of execution
may be issued, as aforesaid, from time to time, until the
whole is satisfied.
Ibid. Sec. 33. 35.] If any moneys remain in the hands
of the officer after satisfying the judgment and all costs, he
shall pay the same to the corporation or its order.
Ibid. Sec. 34. 36.] Nothing contained in this chapter
shall be construed to extend to any county or township, or
to any public university, academy, seminary or school
incorporated by the laws of this State.
Ibid. Sec. 35. 37.] The records of any company incor¬
porated under the provisions of this law, or copies thereof,
duly authenticated by the signature of the president and
secretary of such company, under the corporate seal thereof,
shall be competent evidence in any suit to which such com¬
pany may he a party. >'J"
*
ARTICLE II.
RAILROAD COMPANIES.
Gr. S. ch. 63. Sec. 1. 1.] Any number of persons, not
less than five, may form a company for the purpose of con¬
structing, maintaining and operating a railroad for public
use, in the conveyance of persons and property; and for
that purpose may make and sign articles of association, in
which shall he stated the name of the company; the num¬
ber of years the same is to continue; the places from and
to which the road is to he constructed or maintained or
operated; the length of such road, as near as may be, and
the name of each county in the State through or into which
260
it is made or intended to be made; the amount of the cap¬
ital stock of the company, which shall not be less than ten
thousand dollars for every mile of road constructed, or pro¬
posed to be constructed, and the number of shares of which
said capital stock shall consist, and the names and places of
residence of the directors of the company, not less than
five nor over thirteen in number, who shall manage its
affairs for the first year, and until others are chosen in their
places. Each subscriber to such articles of association
shall subscribe- thereto his name, place of residence, and
the number of shares of stock he agrees to take in said
company. On compliance with the provisions of the third
section of this chapter, such articles of association may be
filed in the office of the Secretary of State, who shall
endorse thereon the day they are filed, and record the same
in a book to be provided by him for that purpose; and
thereupon the persons who have so subscribed to such
articles of association, and all persons who shall become
stockholders in such company, shall be a corporation by the
name specified in such articles of association, and shall pos¬
sess the powers and privileges granted to corporations, and
be subject to the provisions relating thereto, herein con¬
tained.
]hid. Sec. 2. 2.] Every corporation.formed under this
chapter shall, in addition to the powers hereinbefore con¬
ferred, have power:
1. To cause such examination and survey for its pro¬
posed railroad to be made as may be necessary to the selec-
lection of the most advantageous route; and for such pur¬
pose, by its officers, agents or servants, to enter upon the
lands or waters of any person; but subject to responsibility
for all damages which shall be done thereto.
2. To take and hold such voluntary grants of real estate
. and other property as shall be made to it to aid in the con¬
struction, maintenance and accommodation of its railroads ;
but the real estate received by voluntary grant shall be
held and used for the purpose of such grant only.
3. To lay out its road, not exceeding one hundred feet
261
in width, aiuhto construct the same; and for the purposes
of cuttings and embankments, to take as mucli more land
as may be necessary for the proper construction and
security of the road, and to cut down any standing trees
that may be in danger of falling 011 the road, making com¬
pensation therefor, as provided in this act for lands taken
for the use of the company.
4. To construct its road across, along or upon any
stream of water, water course, street, highway, plank road,
turnpike, or canal, which the route of its road shall inter¬
sect or touch ; but the company shall restore the stream,
water course, street, highway, plank road, and turnpike,
thus intersected or touched, to its former state, or to such
state as not unnecessarily to have impaired its usefulness.
Nothing herein contained-shall be construed to authorize
the erection of any bridge or other obstruction across or
over any stream navigated by steamboats, at the place
where any bridge or other obstruction may be proposed to
be placed, so as to prevent the navigation of such stream,
nor to authorize the construction of any railroad not
already located in, upon, or across any street in city, or
road of any county, without the assent of the corporate
authorities of said city, or the county court of such county.
5. To cross, intersect, join and unite its railroad with
any other railroad before constructed, at any point in its
route, and upon the grounds of such other railroad com¬
pany, with the necessary turnouts, sidings and switches,
and other conveniences, in furtherance of the objects of its
connections ; and every company whose railroad is or shall
be hereafter intersected by any new railroad, shall unite
with the owners of such new railroad in forming such
intersections and connections, and grant the facilities afore¬
said ; and if the two corporations cannot agree upon the
amount of compensation to be made therefor, or the points
and manimr of such crossings and connections, the same
shall be ascertained and determined by commissioners to
be appointed by the court, as is provided in the chapter in
respect to'acquiring title to real estate.
262
6. To take and convey persons and property on their
railroad, by the power or force of steam or of animals, or by
any mechanical power, and to receive compensation therefor.
7. To erect and maintain all necessary and convenient
buildings, stations, fixtures and machinery for the accom¬
modation and use of their passengers, freights and business.
8. To regulate the time and manner in which passengers
and property shall be transported, and the compensation
to be paid therefor.
9. From time to time to borrow such sums of money as
may be necessary for completing and finishing or operating
their railroad, and to issue and dispose of their bonds for
any amount so borrowed, and to mortgage their corporate
property and franchises to secure the payment of any debt
contracted by the company for the purposes aforesaid ; and
the directors of the company may confer on any holder of
any bond issued for money borrowed, as aforesaid, the right
to convert the principal due or owing thereon into stock of
said company, at any time not exceeding ten years from
the date of the bond, under such regulations as the directors
may see fit to adopt.
Ibid. Sec. 3. 3.] Such articles of association shall not
be filed and recorded in the office of the Secretary of State
until at least one thousand dollars of stock for every mile
of railroad proposed to be "made is subscribed thereto, and
five per cent, paid thereon, in good faith and in cash, to
the directors named in said articles of association; nor
until there is indorsed thereon or annexed thereto an affi¬
davit, made by at least three of the directors named in said
articles, that the amount of stock required by this section
has been, in good faith, subscribed, and five per cent, paid
in cash thereon, as aforesaid, and that it is intended, in
good faith, to construct or maintain and operate the road
mentioned in such articles of association; which affidavit
shall be recorded with the articles of association, as afore¬
said.
Ibid. Sec. 4. 4.] A copy of any articles of association
filed and recorded in pursuance of this act, or of the record
263
thereof, with a copy of the affidavit aforesaid indorsed
thereon or annexed thereto, and certified to he a copy by
the Secretary of this State, shall be presumptive evidence
of the incorporation of such company and of the facts
therein stated.
Ibid. Sec. 5. 5.] AVlien such articles of association and
affidavit are tiled and recorded in the office of the Secretary
of State, the directors named in such articles of association
may, in case the whole of the capital stock is not before
subscribed, open books of subscription to till up the capital
stock of the company, in such places and after giving such
notice as they may deem expedient, and may continue to
receive subscriptions until the whole capital stock is sub¬
scribed. At the time of subscribing, every subscriber shall
pay to the directors five per cent, on the whole amount
subscribed by him in money, and no subscription shall be
received or taken without such payment.
1 bid. Sec. 6. 6.] There shall be a board of not less
than five nor over thirteen directors, of every corporation
formed under this chapter, to manage its affairs. Said
directors shall be chosen annually by a majority of the
votes of the stockholders, at an annual election, which is
hereby ordered to take place at the office of the company,
on the first Tuesday of March in each and every year, in
such manner as may be prescribed in the by-laws of the
corporation; and they may and shall continue to be direct¬
ors until others are elected in their places. In the election
of directors each stockholder shall be entitled to one vote
for each share of stock held by him. Vacancies in
the board of directors shall be filled in such manner as
shall be prescribed by the by-laws of the corporation. The
inspectors of the first election of directors shall be appointed
by the board of directors named in the articles of associa¬
tion. Xo person shall be director unless he is a stock¬
holder, owning stock absolutely in his own right, and qual¬
ified to vote for directors at the election of which he shall
be chosen. Every corporation formed under this chapter
shall be subject to the following regulations concerning the
election of directors, viz;
264
1. At every election for directors, three persons shall he
chosen by the persons entitled to vote for directors, as
inspectors of election, whose duty it shall be to act as such,
and any two of whom shall be competent to act; and no
person who has been a director of any railroad within
twelve months last preceding, or any person holding any
office under, or being in the employment of any board of
directors, shall act as proxy for any stockholder at any
election of directors. Each acting inspector shall be enti¬
tled to a reasonable compensation for his services, to be
paid by the corporation for which he is chosen.
2. Ho person shall be chosen or appointed an inspector
of an election of directors in a corporation of which he
shall be a director or officer.
3. Every such inspector, before he shall enter on the
duties of his office, shall take and subscribe the following
oath, before any officer authorized by law to administer
oaths : " I do solemnly swear that I will execute the duties
of an inspector of the election now to be held,.with strict
impartiality, and according to the best of my ability."
4. At every election of directors, the transfer books of
the corporation shall be produced to test the qualifications
of the voters; and no person shall be admitted to vote,
directly or by proxy, except those in whose names the
shares of the stock of the corporation shall stand on such
books, and shall have so stood for at least thirty days pre¬
vious to the election.
5. Ho person shall be admitted to vote on any shares of
stock belonging or hypothecated to the corporation in
which the election is held.
6. If any election for directors in any such corporation
shall not be held on the day appointed, it shall be the duty
of the directors to notify and cause such election to be held
within sixty days after the day so appointed; and on the
day so notified, no person shall be admitted to vote except
those who would have been entitled had the election taken
place on the day when it ought to have been held.
7. Ho by-laws of any such corporation, regulating the
265
election of its directors, shall he valid, unless it shall he
made at least sixty days before the day appointed for the
election to be held.
8. Every such corporation shall keep a hook, in which
the transfer of shares of its stock shall he registered; and
another hook containing the names of its stockholders,
which hook shall, at all times during the usual hours of
business, for thirty days previous to an election of directors,
he open to the examination of the stockholders.
9. If any officer having charge of such hooks shall,
upon the demand of a stockholder, refuse or neglect to
exhibit and submit them to examination, he shall for each
offense, forfeit the sum of two hundred and fifty dollars.
10. If any person shall conceive himself aggrieved by
an election, or any proceedings concerning an election of
directors or officers in any such corporation, he may apply
to the circuit court for redress, giving a reasonable notice
of his intended application to the party to he affected
thereby.
11. It shall be the duty of the circuit court, upon such
application, to proceed forthwith, in a summary way, to
hear the proofs and allegations of the parties, or otherwise
to inquire into the causes of complaint, and thereupon to
make such order and grant such relief as the circumstances
and justice of the case shall seem to require. If the elec¬
tion complained of shall be set aside, the court may order a
new election at such time and place as they shall appoint.
12. The circuit court, if thev cannot otherwise arrive at
' «j
a satisfactory result, may order an issue between the parties
to be made up, in such manner and form, and to be tried
in such court as they shall select; or may permit or direct
the attorney general to file an information, in the nature of
a quo warranto, if the case be one in which that proceeding
would be competent and effectual.
13. If any such issue shall be ordered, or information
permitted or directed to be filed, it shall be the duty of the
circuit court to make such further orders in relation to the
time and mode of pleading, the examination of witnesses
2fH>
i
or the parties, the production of books and papers, and
place of trial or hearing, as shall, in their judgment, he
effectual for expediting the proceedings, saving expense to
the parties, and causing a final determination to be had
with as little delay as the nature of the controversy will
permit; and the court may adjudge the costs according to
equity.
Ibid. Sec. 7. 7.] The directors shall appoint one of
their number president; they may also appoint a treasurer
and secretary, and such other officers and agents as shall
he prescribed by the by-laws of the company.
Ibid. Sec. 8. 8.] In case the capital stock of the com¬
pany formed under this chapter is found to be insufficient
for constructing and operating its road, such company may
with the concurrence of two-thirds, in amount of stock, of
all its stockholders, increase its capital stock from time to
time, to any amount required for the purposes aforesaid.
Such increase must be sanctioned by a vote, in person or
by proxy, of two-thirds in amount of stock, of all the
stockholders of the company, at a meeting of such stock¬
holders called by the directors of the company for that
purpose, by a notice in writing to each stockholder, to be
served personally or by depositing the same (properly
folded, and directed to him at the post office nearest his
usual place of residence) in the postoffice, at least twenty
days prior to such meeting. Such notice must state the
time and place of the meeting and its object, and the
amount to which it is proposed to increase the capital
stock. The proceedings of such meeting must be entered
on the minutes of the proceedings of the company, and
thereupon the capital stock of the company may be
increased to the amount sanctioned bv a vote of two-
thirds in amount of stock of all the stockholders of the
company, as aforesaid.
1 bid. Sec. 9. 9.] No person holding stock in any such
company, or executor, administrator, guardian or trustee,
and no person holding such stock as collateral security,
shall be personally subject to any liability as stockholder of
267
such company; but the person pledging such stock shall
he considered as holding the same, and shall he liable as a
stockholder accordingly; and the estates and funds in the
hands of such executor, administrator, guardian or trustee
shall be liable, in like manner and to the same extent as the
testator or intestate or the ward or person interested in such
fund would have been if he had been living and com-
petent to act and held the same stock in his own name.
Ibid. Sec. 10. 10.] As often as any contractor for the
construction of any part of a railroad, which is in progress
of construction, shall be indebted to any laborer, for thirty
or any less number of days' labor performed in construct¬
ing said road, such laborer may give notice of such indebt¬
edness to said company in the manner herein provided, and
said company shall thereupon become liable to pay such
laborer the amount so due him for such labor, and action
may be maintained against said company therefor. Such
notice shall be given by said laborer to said company within
twenty days after the performance of the number of days'
labor for which the claim is made. Such notice shall be in
writing, and shall state the amount and number of days'
labor, and the time when the said labor was performed for
which the claim is made, and the name of the contractor
from whom due, and shall be signed by such laborer or his
attorney, and shall be served on an engineer, agent or
superintendent employed by said company, having charge
of the section of the road on which such labor was per¬
formed, personally, or by leaving the same in the office or
usual place of business of such engineer, agent or superin¬
tendent, with some person of suitable age; but no action
shall be maintained against any company under the provis¬
ions of this section, unless the same is commenced within
thirty days after notice is given to the company by such
laborer, as above provided.1
Ibid. Sec. 11. 11.] Any company shall have power, by
themselves or agents, to enter and take from any land in
(1) Peters vs. Iron Mountain Railroad Co., 23 Mo., 107; S. C. 24 Ibid. 586; Mooney vs. H.
& St Jo. Railroad Co., 28 Mo., 570; Granuban vs. H. & St. Jo. Railroad Co., 30 Mo., 546.
\
268
the neighborhood of the line of their railroad, earth gravel,
stone, wood, water, or other material necessary for the con¬
struction and operation of said road, and also for the pur¬
pose of depositing thereon earth, stone, gravel, &c.; and,
for the purpose of procuring water for their uses, may lay
pipes, erect pumps, dams and reservoirs, and maintain
and keep the same in repair, paying, if the owner of
said lands and the said company can agree, the damages
they shall do to said land or its appurtenances; or, if they
cannot agree, the damages shall be ascertained by any
three impartial and disinterested householders, who, being
appointed for that purpose by any justice of the peace,
thereto required by either of the parties, shall be sworn
by him impartially and faithfully to discharge the
duties devolving on them; and shall then ascertain the
compensation, upon their own view of the grounds, and of
the wood, earth, stone or gravel, which may have been
taken therefrom, or the earth, stone, gravel, &c., that may
have been deposited thereon, and the injury done in taking
them, or depositing thereon : Provided, that it shall be the
duty of the party making the application to show to the
justice of the peace that ten days' previous notice of the
time of making the same has been given to the .other party
or to some one of them; and no award which maybe given
under any appointment, without such notice, shall be oblig¬
atory or binding on the other party; and either party not
satisfied with the award, may appeal to the circuit court of
the county in which said land may be, which may, at
its discretion, confirm the said award and enter it of record ;
or, as often as they may deem it necessary, may supercede
the said viewers, or any of them, appoint others in their
stead, and direct another view and award to be made, in
the manner aforesaid. If any justice of the peace, or any
freeholder, shall refuse or neglect to perform the duties
assigned to them, respectively, or prescribed in this section
upon being thereto required by either party, as aforesaid,
such justice or freeholder shall forfeit and pay to the party
making the application a sum not exceeding twenty-five
dollars to be recovered before any justice of the peace-of
I
269
the county of which he is an inhabitant, and shall, more¬
over be liable to the party aggrieved: Prodded, that the
provisions of this section shall not apply to any action
now pending, or to any cause of action now existing.
*Ibid. Sec. 12. 12.] Every company formed under this
chapter, before constructing any part of their road into or
through any county named in their articles of association,
and shall make a map and profile of the route intended to
be adopted by such company in such county, which shall
he certified by the president and engineer of the company
or a majority of the directors, and filed in the office of the
clerk of the county in which the road is to he made. The
company shall give written notice to all actual occupants
of the land over which the route of the road is so desig¬
nated, and which has not been purchased by or given to
the company.
Acts 1869, p. 74. 13 .] That the directors of any com¬
pany organized under the provisions of this chapter, may,
by a vote of two-thirds of their whole number, at any time
change their road-bed, or road-line, or any part thereof, for
the purpose of shortening the line, or to overcome natural
objections thereto, or to secure economy in its construction,
and when the capital stock of such company, subscribed,
and the amount paid thereon, shall he equal to or exceed
the amount per mile, including the proposed extension,
which by the third section of this chapter is required to he
subscribed and paid before filing the original articles of asso¬
ciation, then such company may, by a like vote of its direct¬
ors, at any time, extend their line or road-bed from either
terminus named in their original charter, to such other point
as shall be named in such proceedings of such company.
Such proceedings in relation to the extension of their road,
shall be entered on the records of the company, and a copy
of such proceedings, with an affidavit as required by the
third section of said chapter, endorsed thereon, shall be filed
in the office of the Secretary of State, and by him recorded
and certified as the original articles of association. But
^Section 12 Repealed March 24, 1870.
270
nothing contained in this act shall be so construed as to
authorize such company to change the general route of
their line or road-bed, or to avoid running their road
through any point named in the original articles of associa¬
tion, or either terminus named therein, or to change the
last established terminus, except by extension of their road,
as aforesaid.
G. S., ch. 63. Sec. 14. 14.] The right of way is hereby,
granted to any railroad company through any unimproved
land belonging to this State, through which their railroad
may pass; and in case any more land belonging to this
State shall be required for the purpose of any railroad cor¬
poration than is needed for the track of the road, and in
case any improved land belonging to the State shall be
necessary for the purpose of any railroad corporation, the
Secretary of State shall have power to grant to any rail¬
road company any land belonging to this State,which may be
required for the purposes of their road, on such terms as
may be agreed on between said Secretary of State and said
company; or such company may acquire title thereto by
appraisal, as in the case of land owned by individuals; and
if any land belonging to a county, city or town is required
by any company for the purposes of their road, the county,
or city or town officers having charge of such land, may
grant to such company, on such terms as may be agreed
upon, or the land may be appraised in the manner aforesaid.
Ibid. Sec. 15. 15.] In case any title or interest in real
estate required by any company formed under this chapter
for the purpose of its incorporation, shall be vested in any
trustee not authorized to sell, release and convey the same,
or in any infant, idiot or person of unsound mind, the
circuit court shall have power, by a summary proceeding
on petition, to authorize and empower such trustee, or the
court having probate jurisdiction, or the special guardian
of such infant, idiot, or person of unsound mind, to sell
and convey the same to such company, for the purposes of
its incorporation, on such terms-as maybe just; and in
case any such infant, idiot, or person of unsound mind, is
not 111 charge of said court or guardian, the said court may
appoint a special guardian for the purpose of making such
sale, release or conveyance, and may require such security
from such special guardian as said court may deem
proper. But before any conveyance or release authorized
by this section shall he executed, the terms on which the
same is to be executed shall be reported to the court on
oath; and if the court is satisfied that such terms are just
to the parties interested in such real estate, the court shall
confirm the report and direct the proper conveyance or
release to he executed, which shall have the same effect as
if executed by an owner of said land, having legal power
to sell and convey the same.
Ibid. Sec. 16. 16.] In all cases when it becomes neces¬
sary for any railroad company to acquire title to any unsold
sixteenth section, or other school lands required for the-
purposes of the incorporation, it shall he lawful in pro¬
ceedings instituted by such railroad company to acquire
title thereto, to notify the county school commissioner of
the county in which such land, or the greater part thereof,
is situate, or if there be no such commissioner qualified to
act, then such notice may be served upon the presiding
justice of the county court of the county in which such
land, or the greater part thereof, is situate; and like pro¬
ceedings shall be had as in other cases.
Ibid, Sec. 17. 17.] It shall be lawful for the county
court of any county, the city council of any city, or the
trustees of any incorporated town, to take stock for such
county, city or town, in or loan the credit thereof to any
railroad company duly organized under this or any other
law of the State : Prodded, that two-thirds of the qualified
voters of such county, city or town, at a regular or special
election to be held therein, shall assent to such subscription.
Ibid, Sec. 18. 18-] Upon the making of such subscrip¬
tion by any county court, city or town, as provided for
in the previous section, such county, city or town, shall
thereupon become, like other subscribers to such stock,
entitled to the privileges granted, and subject to the liabil-
272
ities imposed by this chapter, or by the charter of the com¬
pany in which such subscriptions shall be made; and in order
to raise funds to pay the installments which may be called
for from time to time by the board of directors of such
railroad, it shall be the duty of the county court or city
council, or trustees of such town, making such subscription,
to issue their bonds, or levy a special tax upon all property
made taxable by law for county purposes, and upon the
actual capital that all merchants and grocers and other
business men may have invested in business in the county,
city or town, to pay such installments, to be kept apart from
other funds, and appropriated to no other purpose than the
payment of such subscription; but the total amount of tax
levied for railroad purposes in any one year, in any county,
city or town, shall not exeed thirty per centum of the sub¬
scription made by such county, city or town.
1870, March 24. 19.] For all such taxes levied and col¬
lected for railroad purposes, the county court, or the city
council, or town trustees, as the case may be, shall cause to
be issued and delivered to the persons paying such special
tax a certificate for the amounts thereof paid; and such cer¬
tificate shall state the county, city or town in which, and
the railroad for which the tax was collected, and shall be
transferable by the holders thereof, and convertible into
stock of such railroad, and shall authorize the secretary of
said company to transfer an equal amount of stock therein
belonging to the county, city or town, whenever presented
in amounts equal to one or more entire shares of the stock
of such railroad. And when such transfer is made, said
company shall issue a certificate of stock to the person
entitled thereto, or his legal representatives, for the number
of full shares thus transferred: Provided, that no such
certificate of stock shall issue upon such transfer unless
the full amount of the par value thereon shall have first
been paid to the railroad company by the county court, or
city council, or trustees: And provided, further, that the
total amount of stock certificates, so to be issued, shall not
exceed the amount of the subscription made by such
county, city or town, and in case any of the tax payers in
27-3
any county, city, or town, in wliicli a railroad tax shall he
levied shall have subscribed to the capital stock of any
railroad to which the countv, citv, or town shall have sub-
•j 7 %> 1
scribed, the same shall be entitled to have credited on the
back of their certificates of stock by the collector of said
county, city, or town, the amount of the taxes levied and
assessed against them on account of said railroad, until the
aggregate amount of such credits shall be ecpial to the
amount of their subscriptions respectively, but thereafter
such subscribers shall be liable to the tax aforesaid, as other
persons, and the collector of such tax shall take the receipt
of the party receiving such credit, which shall be a voucher
in the hands of such collector, and the amount be credited
to him on his settlements. The assessment, collection and
payment of the taxes authorized by this section shall be
provided for and enforced as any other taxes for county or
highway purposes, and the county court, city council, or
town trustees may require additional security from the
collector; and for any of the objects contemplated by this
section, the county court of any county, or the city council,
or trustees of any town, of any city or town interested,
may appoint and empower an agent to represent the
county, city or town, subscribe or transfer its stock, give its
vote and receive its dividend, if any, and such agent to
change at pleasure: prorfi/fd, however, that such agent
shall be entitled to vote the entire amount of the paid up
shares of such county, city, or town and no more.
G. S., ch. 03. Sec. 20. 20.] Any county subscribing
for railroad stock, which shall have internal improvement
funds, or overflowed or swamp lands, granted to it by the
State, may apply such funds or mortgage or sell such over¬
flowed or swamp lands to pay such subscription, or any
part thereof, and provide for the remainder, if any, by the
tax as aforesaid; and any county, city or town subscribing
as aforesaid, may (if so required by the railroad company,
to raise funds to pay the installments in anticipation of the
collection and payment of its railroad tax) issue the bonds
of such city, county or town, of denominations not exceed¬
ing one thousand dollars, and bearing interest at a rate not
exceeding seven per cent, per annum.
ao
274
Ibid. Sec. 21. 21.] Ally county court, city or town
wlikh lias heretofore subscribed to the capital stock of any
railroad in this State, shall be entitled to the privileges and
subject to the liabilities of other stockholders in such com¬
pany, and the county court, or city or town council shall
have all the rights and powers to provide funds to pay such
subscription as are granted to county courts and cities by
this chapter, and may levy a special tax to pay the interest
on their bonds, or to provide a sinking fund to pay the
principal.
Acts 1870, March 24. 22.] Any county, court, city
council or trustees of any town, refusing to perform any of
the duties required of them by this chapter, may be pro¬
ceeded against by writ of mandamus, to be sued out of the
circuit court of the count v.
t/
N
G. S. ch. 63. Sec. 23. 23.] E very conductor, baggage-
master, engineer, brakeman, or other servant of any
railroad corporation, employed in a passenger train, or at
stations for passengers, shall wear upon his hat or cap a
badge which shall indicate his office, and the initial letters
of the style of the corporation by which he is employed.
Xo conductor or collector without such badge shall be
entitled to demand or receive from any passenger any fare
or ticket, or to exercise any of the powers of his office;
and no officer or servant without such badge shall have
authority to meddle or interfere with any passenger, his
baggage or property.
Ibid. Sec. 24. 24.] If any agent, treasurer, paymaster,
conductor or other person to whose possession or custody
any of the moneys of any railroad company may come,
shall convert any of such moneys to his own use, he shall be
deemed guilty of embezzlement, and shall be punished in
the same manner and to the same extent as if he had
stolen the amount so embezzled; and a neglect or refusal
to pay over such moneys, upon demand, shall be deemed
prima facie evidence of his having embezzled the same.
Ibid. Sec. 25. 25-] Every railroad corporation, formed
under this chapter, shall annually report to tbe Secretary
275
of State the number of miles of roacl completed, and the
number unfinished; the cost per mile of that finished, and
other estimated costs of the projected portion; the amount
of rolling stock, the gross and net receipts, the amount of
stock subscribed, and amount paid, and such other items as
may be necessary to show the condition of the company.
Ibid. Sec. 26. 26.] Any such corporation which shall
neglect to make the report, as is provided in the preceding
section, shall be liable to a penalty of two hundred and
fifty dollars, to be recovered by indictment, before any
court having competent jurisdiction.
Ibid. Sec. 27. 27.] Any railroad company may open
and keep an interest account with their stockholders, from
the dates of their payments on their subscription, respect¬
ively; and in order to place all their stockholders on an
equal footing, may allow interest from the dates of such
payments, payable in stock, for such time and under such
regulations as the board of directors may prescribe.
Ibid. Sec. 28. 28.] If any member passenger shall
refuse to pay his fare, or shall behave in an offensive
manner, or by repeated violations of the rules of the
company, it shall be lawful for the conductor of the train
and the servants of the corporation to put him and his
baggage out of the cars, using no unnecessary force, at any
usual stopping place or near any dwelling house, as the
conductors shall elect, on stopping the train.
Ibid. Sec. 29. 29.] Every railroad corporation in this
State, which now is or may hereafter be engaged in the
transportation of passengers or property, shall give public
notice of the regular time of starting and running its cars,
and shall furnish sufficient accommodations for the trans¬
portation of all such passengers, baggage, mails and
express freight as shall, within a reasonable time previous
thereto, be offered for transportation at the place of
starting, at the junction of other railroads and at the
several stopping places; and they are hereby required to
stop all trains carrying passengers at the junction or inter¬
section of other railroads, a sufficient length of time to
276
allow the transfer of. passengers, personal baggage, mails
and express freight, from the trains of railroads so
connecting or intersecting, or tliey may mutually arrange
for the transportation of such persons and property over
both roads without change of cars, and they shall be
compelled to receive all passengers and freight from such
connecting or intersecting roads, whenever the same shall
be delivered to them.
Ibid. Sec. 30. 30.] such railroad corporation shall
charge exceeding six cents per mile for passage money,
except when the amount is a fraction of five cents, in
which case the fraction may be added. This section shall
not be construed to prevent an additional charge as
provided by the act of Congress to meet the Congressional
tax imposed on all passenger receipts, and also to meet the
special tax required by the constitution of this State.
Ibid. Sec. 31. 31.] E very such railroad corporation
shall arrange and classify all property usually carried by
them over their roads, and shall affix thereto the rates
respectively at which the same shall be transported between
the several stations or points of connection or intersection
of other roads, which rate shall be per one hundred pounds,
and shall not exceed, for distance less than fifty miles,
twenty cents per ton per mile for first class, fifteen cents
per ton per mile for second class, and ten cents per ton
per mile for third class articles; for distances of fifty
miles and over, but less than one hundred miles, fifteen
cents per ton per mile for first class, ten cents per ton per
mile for second class, and seven cents per ton per mile for
third class articles; for distances of one hundred miles or
more, ten cents per ton per mile for first class, eight, cents
per ton per mile for second class, and five cenfs per ton per
mile for third or other classes: Provided, that this shall'not
be deemed to apply to articles usually considered extra
hazardous, like acids and gunpowder, or especially liable to
damage, like looking-glasses and furniture, or of great bulk
in proportion to weight, like baskets and feathers, or
difficult to handle, like heavy machinery and large safes:
And. 'provided, that the same shall not apply to transportation
277
of live stock and lumber, which may he a rate per car; and
that they shall he entitled to charge not less than fifty cents
for each single package or lot of freight; and such classifica¬
tion, rates and rules governing transportation shall he
posted in all the offices or stations of such companies for
the receiving of freight, and shall at all times he open for
the examination of the public, and no such corporation
shall he entitled to charge more than such published rates;
hut nothing in this section shall prevent railroad companies
from contracting with shippers for transporting freight by
express or passenger trains at such rates as the parties may
agree upon.
Ibid. Sec. -32. 32.] All railroad corporations may con¬
tract with each other, or with other corporations, in any
manner not inconsistent with the scope, object and purpose
of their creation and mangement.
Ibid. Sec. 33. 33.] Every such railroad corporation is
hereby required to receive all freight or live stock which
may be offered for transportation at the place of starting,
at the junction of other roads, and at usual stopping places,
and shall take, transport and deliver the same, without
unnecessary delay, according to contract.
Ibid. Sec. 34. 34.] Whenever such railroad corpora¬
tion may wish to change the time of running its passenger
trains, due notice shall be given to the proper officer-of
other connecting railroads of the time when trains will
arrive and depart at such points of intersection or
connection, to enable such other railroad companies to
conform the running of their trains thereto.
Ibid. Sec. 35. 35.] If any such railroad corporation
shall have transported any freight which shall not be called
for within six months, or on which the charges shall not
have been paid for twenty days, they may sell the same,
after giving not less than ten days' notice, by posting where
such articles are stored, and also by publishing the same in
the nearest local paper; and any sums of money received
from the proceeds of such sale, after paying ail charges and
expenses of sale, shall be paid into the county treasury for
278
the benefit of tlie owner, if lie shall thereafter appear; bat
if such money he not claimed within one year, it shall go
into the school fund of the county.
Ibid. Sec. 36. 36.] All baggage, when taken for trans¬
portation, shall he checked, if there is a handle, loop or
fixture, so that the same can he attached, and a duplicate
thereof given to the passenger or person delivering the
same; and if such check he refused on demand, the
corporation shall pay to such passenger the sum of ten
dollars, to he recovered in a civil action; and further, no
fare or toll shall he collected or received from such
passenger, and if such passenger shall have paid his fare,
the same shall he refunded; and on producing such check,
or if he have no check, on demanding his baggage, it it he
y o co o y
not delivered to him, he shall recover the value thereof.
Ibid. Bee. 37. 37.} In forming a passenger train, hag-
gage, freight, merchandise or lumber cars shall not be
placed in rear of passenger cars; and if they, or any of
them, shall he so placed, the officer or agent who so directed
or knowingly suffered such an arrangement, and the con¬
ductor of the train, shall he deemed guilty of a misde¬
meanor, and he punished accordingly.
Ibid. Sec. 38. 38.] A hell shall he placed on each
locomotive engine, and be rung at a distance of at least
eighty rods from the place where the railroad shall cross
any traveled public road or street, and he kept ringing
until it shall have crossed such road or street; or a steam
whistle shall he attached to each locomotive engine, and be
sounded at least eighty rods from the place where the rail¬
road shall cross any such road or street, except in cities, and
he sounded at intervals until it shall have crossed such road
or street, under a penalty of twenty dollars for every neg¬
lect of the provisions of this section, to he paid by the cor¬
poration owning the railroad, to he sued for by the circuit
attorney of the proper circuit, within ten days after such
penalty was incurred, one-half thereof to go to the
informer, and the other half to the county; and said cor-
\
V
279
poration shall also T>e liable for all damages which shall he
sustained by any person by reason of sncli neglect.1
Ibid. Sec. 39. 39.] Every such corporation shall cause
boards to be placed, well supported by posts or otherwise,
and constantly maintained across each traveled public road
or street, where the same is crossed bv the railroad on the
' «/
same level. Said boards shall be elevated, so as not to
obstruct the travel and to be easily seen by the travelers;
and on each side of such boards shall be painted, in capital
letters, of at least the size of nine inches each, the words,
"Kailroad crossing; look out for the cars." But this
section shall not apply to streets in cities or villages, unless
the corporation shall be required to put up such boards by
the officers having1 charge of such streets.
O O
I bid. Sec. 40. 40 .] If any person shall, while in charge
of a locomotive engine running upon the railroad of any
such corporation, or while acting as the conductor of a car,
or train of cars, on any such railroad, be intoxicated, he
shall be deemed guilty of a misdemeanor.
Ibid. Sec. 41. 41 .] If any person or persons shall wil¬
fully do, or cause to be done, any act or acts whatever,
whereby any building, construction or work of any railroad
corporation, or any engine, machine or structure, or any
matter or thing appertaining to the same, shall be stopped,
obstructed, impaired, weakened or destroyed, the person or
persons so often ding shall be guilty of a misdemeanor, and
shall forfeit and pay to said corporation treble the amount
of damages sustained by means of such offense.
Ibid. Sec. 42. 42.] All penalties imposed upon railroad
companies by this chapter may be sued for in the name of
the State of Missouri; and if such penalty be for a sum not
exceeding one hundred dollars, then such suit may be
brought before a justice of the peace, and may be com¬
menced by serving a summons on any director of such
company.
(1) Rohback vs. Pacific Railroad Co., 43 Mo., 1S7.
280
Ibid. Sec. 48. 43.] Every railroad corporation formed
or to be formed in tliis State, and every corporation formed
or to be formed under this chapter, shall erect and main¬
tain good and substantial fences on the sides of the road
where the same passes through, along or adjoining inclosed
or cultivated fields, or uninclosed prairie lands, of the height
of at least five feet, with openings and gates or bars therein,
and farm crossings of the road, for the use of the proprie¬
tors or owners of the lands adjoining such railroads; and
also to construct and maintain cattle guards at all railroad
crossings where fences are required, as aforesaid, suitable
and sufficient to prevent horses, cattle, mules and all other
animals from getting on the railroad. Until such fences,
openings, and gates or bars, farm crossings or cattle guards
shall be duly made and maintained, such corporation shall
be liable in double the amount for all damages which shall
be done by its agents,-engines or cars to horses, cattle, mules
or other animals on said road, or by reason of any horses,
cattle, mules, or other animals escaping from or coming
upon said lands, fields or enclosures, occasioned in either
case by the failure to construct or maintain such fences or
cattle guards. After such fences, gates or bars, farm cross¬
ings and cattle guards shall be duly made and maintained,
said corporation shall not be liable for any such damages,
unless negligently or wilf'ullj done. If any corporation afore¬
said, shall fail, neglect or refuse, for and during the period of
three months after the completion of its road through or
along the lands, fields or enclosures hereinbefore named, to
erect or maintain any fence, opening, gates or bars, or farm
crossings or cattle guards, as herein required, then the
owner or proprietors of the said lands, fields or enclosures,
may erect and maintain such fences, openings, gates or
bars, or farm crossings or cattle guards, and shall there¬
upon have a right to sue and recover from such corporation,
in any court of competent jurisdiction, the full value of
such fences, openings or gates, bars, cattle guards or farm
crossings; and if any person shall ride, lead or drive any
horse or other animal upon such road, and within such
fences and guards other than a farm crossing, without
281
the consent of the corporation, he shall, for every such
offense, forfeit and pay a sum not exceeding* ten dollars,
and shall also pay all damages which shall he sustained
thereby to the party aggrieved. It shall not be lawful for
any person, other than those connected with or employed
upon the railroad, to walk along the track or tracks of any
railroad, except where the same shall be laid along public
roads or streets.1
Ibid. Sec. 41. 44 .] Every corporation shall, within a
reasonable time after their"road shall be constructed, cause
to be made a map and profile thereof, located in different
counties, and file the same in the office for recording deeds
in the county in which such parts of said roads shall be.
Every such,map shall be drawn on a scale and on paper to
be designated by the Secretary of State, and certified and
signed by the president or engineer of such corporation.
Ibid. Sec. 45. 45.] In case any passenger on any rail¬
road shall be injured while on the platform of a car, or in
any baggage, wood or freight car, in violation of the printed
regulations of the company, posted up at the time, in a
conspicuous place inside of its passenger cars, then in the
train, said company shall not be liable for the injury: Pro¬
vided, such company, at the time, furnished room inside the
passenger cars sufficient for the proper accommodation of
the passengers.
Acts 1869, p. 73. 46.] If any corporation formed under
this chapter, shall not, within two years after its articles of
association arc filed and recorded in the office of the Secre¬
tary of State, begin the construction of its road, and shall
not, with one year thereafter, expend thereon not less than
ten per cent, on the amount of its capital, or shall not
finish its road and put it in operation in ten years from the
time of filing its articles of association, as aforesaid, its cor¬
porate existence and powers shall cease: Provided', that if a
(1) Gorman 7>s. Pacific Railroad Co., 26 Mo., 441; Burton <>s. North Missouri Railroad Co.,
150 Mo., 672; Brown vs. Hannibal & St. Jo. Railroad Co., 36 Mo., 609; Quck vs. H. & St. Jo.
Railroad Co., 61 Mo., 699; Dyer vs. Pacific Railroad Co., 34 Mo., 127; Ibid, 177; Ibid, 242;
Price vs. H. & St. Jo. Railroad Co., 35 Mo., 188; Powell vs. H. & St. Jo. Railroad Co., 35 Mo.,
457; Calvert vs. Hannibal & Joseph Railroad Co., 38 Mo., 467.
282
portion of their road shall he finished and in operation,
they shall continue their corporate existence, with power
to hold and manage the portion of their road so constructed,
and for no other purpose.
(Jr. ('h. 68. Sec. 47. 47.] The Legislature may, at any
time alter or amend this chapter, hut such alteration or
amendment shall not impair the rights of companies previ¬
ously organized, or take away or impair any remedy given
against any such corporation, its stockholders or officers,
for any liability which shall have been previously incurred.
Ibid. Sec. 48. 48.] All existing railroad corporations
within this State, and such as may be hereafter chartered
or formed, shall, respectively, have and possess all the pow¬
ers and privileges contained in this chapter; and they shall
be subject to all the duties, liabilities and provisions not
inconsistent with the provisions of their charter herein con¬
tained.
Ibid. Sec. 49. 49.] All railroads being operated in
this State, under general or special laws, shall keep correct
accounts of the time at which any freight is received for
shipment, and shall transport the same in its proper time;
and when in the trial of any cause in any court, a party
shall be entitled to have produced at such trial the books
and papers of the company, including the receipt and
freight books, as well as the account of the shipments of
such company, he shall have such access to such books and
papers as may be necessary, when authorized by an order
of court, as is now provided in other civil cases.
Ibid. Sec. 50. 50.] All street or horse railroads that
have heretofore been organized under "An act to authorize
the formation of railroad associations, and to regulate the
same," approved December 13, 1855, and whose right of
wav has been assented by the common council of the citv
in which they are located, be and the same are hereby con¬
firmed in all their rights and franchises, as set forth in their
articles of association, and amendments to the same, on file
in the office of the Secretary of State.
2.83
SUPPLEMENT.
Arts 1888, p. 02. 51.] "Whenever twenty-live persons,
tax-payers and residents in any mnnieipal township, for
election purposes, in any county in this State, shall petition
the countv court, of such county, setting forth their desire,
«y « 1 C? '
as a township, to subscribe to the capital stock of any rail¬
road company in this State, building or proposing to build
a railroad into, through or near such township, and stating
the amount of such subscription, and the terms and condi¬
tions on which they desire such subscription shall be made,
it shall be the duty of the county court, as soon as may be
thereafter, to order an election to be held in such township
to determine if such subscription shall be made; which
election shall be conducted and returns made in accordance
with the law controling general and special elections; and
if it shall appear, from the returns of such election, that
not less than two-thirds of the cpialified voters of such
township voting at such election are in favor of such sub¬
scription, it shall be the duty of the county court to make
such subscription in behalf of such township, according to
the terms and conditions thereof, and if such conditions
provide for the issue of bonds in payment of such subscrip¬
tion, the county court shall issue such bonds'in the name
of the county, with coupons for interest attached; but the
rate of interest shall not exceed ten per cent, per annum;
and the same shall be delivered to the railroad company.
Ibid, p. 03. 52.] In order to meet the payments on
account of the subscription to the stock, according to its
terms, or to pay the interest and principal on any bond
which may be issued on account of such subscription, the
county court shall, from time to time, levy and cause to he
collected in the same manner as county taxes, a special tax,
which shall be levied on all the real estate lying within the
township making the subscription in accordance with the
valuation then last made by the county assessor for county
purposes.
Ibid. p. 93. 53.] The county treasurer shall be author¬
ized and required to receive and collect of the sheriff of
284
the county the income from the tax provided in the pre¬
vious section, and to apply the same to the payment of the
stock subscription according to its terms, or to the pay¬
ments of interest and principal on the bonds, should any be
issued in payment of such subscription; he shall pay all
interest on such bonds out of any money in the treasury
collected for this purpose, by the tax so levied, as the same
becomes due, and also the bonds as they mature, which
shall be canceled by the county court, and this service sliall
be considered a part of his duty as county treasurer.
Ibid. p. 94. 54.] Persons paying taxes to pay the stock
subscription, made in accordance with the provisions of this
act, or the bonds issued in payment of such subscription,
shall receive from the collector a certificate, setting forth,
in a definite manner, the facts, ;md such certificates, in
sums of one hundred dollars, shall be convertible into the
stock of the railroad company receiving the subscription,
and the county court shall hold the stock subscribed in
behalf of any township, in trust for such tax payers, to be
transferred as they become entitled to it; and all persons
residing in said township, or owning property subject to
taxation therein, if they shall have in good faith subscribed
to the capital stock of the railroad company receiving the
subscription of such township, and paid assessments on
the same, as they have been made by the company, shall,
to the extent of such subscription, receive credit on their
tax, levied in such township, to pay such railroad sub¬
scription.
Ibid. p. 94. 55.] In all cases hereafter where a rail¬
road or branch railroad in this State shall be built in whole
or in part by subscriptions to its stock by counties, cities or
townships, the proceeds of all State and county taxes, levied
upon such railroad company or branch so built, or the prop¬
erty thereof, shall be paid into the treasury of the counties
where collected, and the county treasurers shall apportion
the same, according to their several subscriptions, to such
counties, cities or townships so subscribing stock, until the
whole amount of such subscription is refunded to them ;
and such sums so apportioned shall be paid over to the
county or city treasurer, and applied to the payment of the
interest and principal of the bonds issued by such county
or city 011 account of tlieir subscription stock, as aforesaid,
if any are outstanding', and if not, it shall by them be
placed to the credit of the school fund in such county, city
or township.
Acts 1870, March 24. 56.] Any two or more railroad
companies in this State existing under either general or
special laws, and owning railroads, constructed wholly or in
part, which, when completed and connected, will form in the
whole or in the main, one continuous line of railroad, are
hereby authorized to consolidate, in the whole or in the main,
and form one compaii}*, owning and coutroling such continu¬
ous line of road, with all the powers, rights, privileges, and
immunities and subject to all the obligations and liabilities
to the State, or otherwise, which belonged to or rested upon
either of the companies making such consolidation. I11
order to accomplish such consolidation, the companies
interested may enter into contract, fixing the terms and
condition thereof, which shall first be ratified and approved
by a majority in interest of all the stock held in each com¬
pany or road proposing to consolidate, at a meeting of the
stockholders, regularly called for the purpose; or by the
approval in writing of the persons, or parties, holding and
representing a majority of such stocks. A certified copy of
such articles of agreement, with the corporate name to be
assumed by the new company, shall be filed with the Secretary
of State, when the consolidation shall be considered duly
consummated ; and a certified copy from the office of Sec¬
retary of State, shall be deemed conclusive evidence thereof.
T1 ic board of directors of the several companies, may then
proceed to carry out such contract according to its provis¬
ions, calling in the certificates of stock then outstanding,
• in the several companies', or roads, and issuing certificates
of stock, in the new consolidated company, under such
corporate name as may have been adopted: Provided,
however, that the foregoing provisions of this section, shall
not be construed to authorize the consolidation of any rail¬
road companies or roads, except when by such consolida-
286
tion, a continuous line of road is secured, running in the
whole, or in the main, in the same general direction: And,
provided, it shall not he lawful for said roads to consolidate
in the whole or in part, when by so doing, it will deprive
the public of the benefit of competition between said roads ;
and in case any such railroad companies shall consolidate,
.or attempt to consolidate their roads contrary to the pro¬
visions of this act, such consolidation shall he void, and any
person or party aggrieved, whether stockholders or not,
may bring action against them in the circuit court of any
county through which such road may pass, which court
shall have jurisdiction in the case, and power to restrain by
injunction, or otherwise; and in case any railroad in this
State shall hereafter intersect any such consolidated road,
said road or roads shall have the riclit to run their freight
cars, without breaking bulk, upon said consolidated road,
and such consolidated road, shall transact the business of
said intersecting or connecting road or roads, on fair and
reasonable terms, and the same may he enforced by appro¬
priate legislation. Before any railroad company shall con¬
solidate their roads, under the provisions of this act, they
shall each tile with the Secretary of State a resolution
accepting the provisions thereof, to he signed by their
respective presidents, and attested by their respective secre¬
taries, under the seal of their respective companies, which
resolution shall ha\yc been passed by a majority vote of
the stock of each, at a meeting of the stockholders thereof,
to he called for the purpose of considering the same.
Ibid. 57.] Any railroad company heretofore incorpo¬
rated or hereafter organized in pursuance of law, may at
any time, by means of subscription to the capital stock of
any other railroad company, or otherwise, aid such company
in the construction of its railroad, within or without the
State, for the purpose of forming a connection of the last.
mentioned road, with the road owned by the company fur¬
nishing such aid; or any such railroad company which
may have built its road to the boundry line of the State,
may extend into the adjoining State, and for that purpose
may buihl or buy, or lease a railroad in such adjoining State,
287
and operate the same, and may own such real estate and
other property, in such adjoining State, as may be conven¬
ient in operating such road; or any railroad company
organized in pursuance of the laws of this or any other
State, or of the United States, may lease or purchase all or
any part of a railroad with all of its privileges, rights,
franchises, real estate, and other property, the whole or a
part of which is in this State, and constructed, owned or
leased by any other company, if the lines of the road or
roads of said companies are continuous or connected at a
point either within or without this State, upon such terms
as may be agreed upon between said companies respect¬
ively, or any railroad company, duly incorporated, and
existing under the laws of an adjoining State, or of the
United States, may extend, construct, maintain, and
operate its railroad into and through this State, and for
that purpose shall possess and exercise all the rights, pow¬
ers and privileges, conferred by the general laws of this
State, upon railroad corporations, organized thereunder,
and shall be subject to all the duties, liabilities and provis¬
ions of the laws of this State, concerning railroad corpora¬
tions, as fully as if incorporated in this State: Provided,
that no such aid shall be furnished, nor any purchase, lease,
sublcting, or arrangements perfected until a meeting of the
stockholders of the said company or companies of this
State, party or parties to such agreement, whereby a rail¬
road in this State may be aided, purchased, leased, sublet
or affected by such arrangement, shall have been called by
the directors thereof, at such time and place, and in such
manner, as they shall designate, and the holders of a
majority of the stock of such company, in person or by
proxy, shall have assented thereto, or until the holders
of a majority of the stock of such company shall have
assented thereto in writing, and a certificate thereof
signed by the president and secretary of said company or
companies, shall have been filed in the office of the Secre¬
tary of State: Aral provided further, that if a railroad
company of another State shall lease a railroad, the whole
or a part of which is in this State, or make arrangements
288
for operating the same, as provided in this act, or shall
extend its railroad into this State, or through this State,
such part of said railroad as is within this State, shall be
subject to taxation, and shall be subject to all regula¬
tions and provisions of law, governing railroads in this
State; and a corporation in this State, leasing its road to
a corporation of another State shall remain liable, as if it
operated the road itself, and the corporation of another
State, being the lessee of a railroad in this State, shall like¬
wise be held liable for the violation of any of the laws of
this State, and may sue and be sued in all cases, and for
the same causes, and in the same manner as a corporation
of this State might sue or be sued, if operating its own
road; but a satisfaction of any claim or judgment by
either of said corporations, shall discharge the other, and a
corporation of another State being the lessee, as aforesaid,
or extending its railroad, as aforesaid, into or through this
State, shall establish and maintain an office or offices, in
this State, at some point or points on the line of the road
so leased, or constructed and operated, at which legal pro¬
cess and notice may be served, as upon railroad corpora¬
tions of this State.
Ibid. 58.] Any railroad company in this State shall
have the right to take and hold all necessary grounds for
depots and sidetracks, and if the title thereto cannot be
secured by agreement with the owners thereof, or if from
any other cause the title cannot be secured, such company
may proceed to condemn the same in the same manner and
with the same effect, as is now provided by chapter sixty-six
of the general statutes of the State of Missouri, entitled "Of
the appropriation and valuation of lands taken for tele¬
graph, macademizcd, graded, plank and railroad purposes,"
and of any act amendatory thereof.
Ibid. 59.] Section twelve of the chapter aforesaid, is
hereby repealed.
Acts 1870, March 24. 60 .] In all cases whereby the pro¬
visions of the charter of any railroad company organized
under the laws of this State, the taxable inhabitants of a
r
289
portion of a municipal township of any county in this State
have voted, or may hereafter vote, to take stock in such
railroad company, they are hereby declared entitled to and
shall have all the privileges, rights and benefits in said
act, conferred upon counties or townships, and the
county court of such county shall exercise the same
powers and perform the same duties in issuing bonds,
levying, collecting and paying over the taxes which it is
required to do in the case of a county or township under
the provisions of said act: Provided, however, that no
part of such township, outside the limits of the district
voting, shall be taxed to pay any of the bonds or coupons
so issued by the county court.
This act shall take effect from its passage.
ARTICLE V.
APPROPRIATION AND VALUATION OF LANDS TAKEN FOR TELEGRAPH,,
MACADEMIZED, GRADED, PLANK OR RAILROAD PURPOSES.
G. S., ch. 66. Section 1. 1.] In case lands sought to be
appropriated by any road, railroad or telegraph corporation,,
created under the laws of this State, belong to private per¬
sons, and such corporation and the owners cannot agree
upon the proper compensation to be paid, or in case the
owner is incapable of contracting, be unknown, or be a
non-resident of the State, such corporation may apply to
the circuit court of the county where said land or any
part thereof lies, or the judge thereof, in vacation, by
petition, setting forth the general directions in which it is
desired to construct their road, railroad or telegraph line
over such lands, a description of the real estate which the
company seeks to acquire, the names of the owners of the
several parcels of land, if known, or if unknown, a perti¬
nent description of the parcels whose owners are unknown,
and praying the appointment of three disinterested comis-
sioners to assess the damages which such owners may sev¬
erally sustain in consequence of the establishment, erection
21
290
and maintenance of such road, railroad or telegraph line
over such lands; to which petition the owners of all such
parcels as lie within the county or circuit shall he made
parties defendant, by name, if the names are known, and
by the description of the unknown owners of the lands
therein described, if their names are unknown. If the pro¬
ceedings seek to affect the lands of persons under guardian¬
ship, the guardians must he made parties defendant; if the
land of married women, their husbands must be made
parties defendant. If the present owner of any land to be
affected has a less estate than a fee, the person having the
next vested estate in remainder may, at the option of the
petitioners, be made parties defendant; hut if such remain¬
der men are not made parties, their interest shall not be
hound by the proceeding. It shall not be necessary to
make any persons party defendant in respect to their own¬
ership, unless they are either in actual possession of the
premises to be affected, claiming title, or have a title to the
premises, appearing of record upon the proper records of
the county.
Ibid. Sec. 2. 2.] Upon the filing of the petition, a
summons shall he issued, giving such owner at least ten
days' notice of the time when said petition will be heard,
which summons shall be served by the sheriff of the county,
in the same manner as writs of summons are or may be,
by law, required to be served. If the name or residence of
the owner be unknown, or if the owners, or any of them,
do not reside within the State, notice of the time of hearing
the petition, reciting the substance of the petition and the
day fixed for the hearing thereof, shall be given by publica¬
tion for three weeks consecutively, prior to the time of hear¬
ing the petition, in a newspaper published in the county,
or if no newspaper is published in the county, or the pub¬
lisher shall refuse to publish the same on tender of his
usual charges for advertising, then by posting up said
notice for three consecutive weeks at the door of the court
house of the county wherein the lands, or any portion of
them, lie.
Ibid. Sec. 3. 3.] The court, or judge thereof, in vaca-
291
tion, on being satisfied that due notice of the pend¬
ing of the petition has been given, shall appoint three
disinterested commissioners, resident of the county in
which the real estate, or part thereof, is situated, to
assess the damages, which the owners of the land may sev¬
erally sustain by reason of such appropriation, who, after
having viewed the land, shall forthwith return under oath,
such assessment of damages, to the clerk of such court, set¬
ting forth the amount of damages; and should more than
one owner be included in the petition, then the damages
allowed each shall be stated separately, and the clerk shall
file said report, and record the same in the order book of
the court; and thereupon such company shall pay to the
said clerk the amount thus assessed, for the party in whose
favor such damages have been assessed; and on making
such payment it shall he lawful for such company to hold
the interest in said land so appropriated, for the uses afore¬
said ; and upon failure to pay the assessment aforesaid,
the court may, upon motion and notice by the party
entitled to such damages, enforce, the payment of the same
by execution, unless the said company shall, within ten
days from the return of such assessment, elect to abandon
the proposed appropriation of any parcel of land by an
instrument in writing to that effect, to he filed with the
clerk of said court, and entered on the minutes of the
court, and as to so much as is thus abandoned the assess¬
ment of damages shall be void.1
Ibid. Sec. 4. 4.] The report of said commissioners
may be reviewed by the court in which the proceedings are
had, on written exceptions filed by either party in the
clerk's office within ten days after the filing of such report,
and the court shall make such order therein as right and
justice may require, and may order a new appraisement
upon good cause shown; but, notwithstanding such excep¬
tions, such company may proceed to erect said telegraph
line, or construct said road or railroad, and any subsequent
(1) See North Missouri Railroad Co. vs. Golt, 25 Mo., 540; Ibid, 515; Ibid,-211; Ibid, 258;
Lackland vs. North Missouri Railroad Co., 31 Mo., 181; S. C., 34 Mo., 259.
292
proceedings shall only affect the amount of compensation
to be allowed.
1 bid. Sec. 5. 5.] Any number of owners, residents in
the same county or circuit, may be joined in one petition,
and the damages to each shall be separately assessed by the
same commissioners.
Ibid. Sec. 6. 6.] The cost of the proceeding to appro¬
priate the right of way shall he paid by the company seek¬
ing the appropriation, up to and including the filing and
copying of the report of the commissioners; and the court,
as to any costs made by subsequent litigation, may make
such order as in its discretion may be deemed just. The
court shall allow the commissioners a reasonable compen¬
sation for their services, which shall be taxed as costs in
the proceeding.
Ibid. Sec. 7. 7.] No telegraph company shall, by virtue
of this'chapter, be authorized to enter or appropriate any
dwelling, barn, store, warehouse or similar building erected
for any agricultural, commercial, or manufacturing pur¬
poses, or to erect poles so near thereto as materially to
inconvenience the owner in their use, or to occasion injury
thereto.
Ibid. Sec. 8. 8.] In case the lands sought to be appro¬
priated are held by any corporation, the right to appropri¬
ate the same by a railroad or telegraph company shall be
limited to such use as shall not materially interfere with
the uses to which, by law, the corporation holding the same
are authorized to put said lines. Where no agreement can
be made between the parties, the mode of assessing the
damages provided heretofore as to private persons, shall be
adopted; and it the lands to be appropriated lie in more
than one county, an application may be made in any one
county in which any of the lands lie, and the damages shall
he assessed as to all the lands of the defendant corporation
along the whole line, in one proceeding.
Acts 1870, Jan. 13. 9.] In case lands sought to be
appropriated by any railroad company in this State, for
depot purposes, belong to private persons, and such com-
293
pany and the owner cannot agree on the compensation to
be paid, or in case the owner is incapable of contracting,
be unknown, or a non-resident of the State, such company
may have such lands condemned in the manner that is pro¬
vided in this act for assessing damages, which the owners
of lands may severally sustain in consequence of the erec¬
tion, establishment and maintenance of railroads over such
lands: - Provided, that in no case shall more than ten acres
of land in the country, or more than six blocks in a town,
village or city, be condemned under this act, at any one
place, or for any one depot: And provided further, that any
other railroad company shall have the right to use said
depot grounds for depot purposes, with the necessary build¬
ings, turn-outs, sidings, switches and other conveniences, in
furtherance of said purpose ; and if the said two companies
cannot agree upon the amount of compensation to be made
therefor, or the points or manner of such use, the same shall
be ascertained and determined by commissioners, as pro¬
vided by the act of which this is amendatory, for the con¬
demnation of lands for depot purposes in the first place.
294
CHAPTER 42.
ARTICLE III.
OFFENSES AGAINST PUBLIC AND PRIVATE PROPERTY.
G. S.y ch. 301. Sec. 60. 60.] Every person who shall
wilfully and maliciously place an obstruction, by stones, logs
or any other thing, on the track of a railroad, or the works
of a railroad, or shall tear up or remove any part or portion
of a railroad, or the works thereof, with intent to obstruct
the passage of a car or cars thereon, or to throw them off
the track, shall, upon conviction, be imprisoned in the pen¬
itentiary, not exceeding twenty years.
Ibid. Sec. 61. 61.] Every person who shall by any of
the unlawful acts enumerated in the last preceding section,
cause the life of any person or persons to he put in imme¬
diate peril, or shall cause any locomotive or any car to be
actually thrown off the track of any part or portion of a
railroad, or the works thereof, shall, upon conviction, be
punished by imprisonment in the penitentiary, not less
than five nor more than twenty years.
ARTICLE VII.
OFFENSES AGAINST THE PUBLIC PEACE, OR AFFECTING THE
SECURITY OF PERSONS AND PROPERTY, NOT BEFORE ENUMER¬
ATED.
G. S., ch. 205. Sec. 32. 33.] Every person who, whilst
actually employed in discharging the duties of a pilot or
engineer on any steamboat, or of a conductor or engineer
on railroad cars, shall be intoxicated to such degree as to
endanger the safety of such steamboat or cars, or of any
person or passenger therein, shall, upon conviction, be
punished by imprisonment in the penitentiary, not exceed¬
ing three years, or in the county jail not exceeding one
jear, or by fine not exceeding one thousand dollars.
295
CHAPTER 43.
DAMAGES AND ' CONTRIBUTIONS IN ACTIONS OF TORT.
G. S., ch. 147. Sec. 2. 2.] Whenever any person shall
die from an injury, resulting from or occasioned by the
negligence, unskillfulness or criminal intent of any officer,
agent, servant or employe, whilst running, conducting or
managing any locomotive, car or train of cars; or of any
master, pilot, engineer, agent or employe, whilst running,
conducting or managing any steamboat or any of the
machinery thereof; or of any driver of any stage coach,
or other public conveyance, whilst in charge of the same
as a driver; and when any passenger shall die from any
injury resulting from or occasioned by any defect or insuffi¬
ciency in any railroad, or any part thereof; or in any loco¬
motive or car, or in any steamboat or the machinery thereof,
or in any stage coach or other public conveyance, the cor¬
poration, individual or individuals, in whose employ any
such officer, agent, servant, employe, master, pilot, engineer
or driver, shall be at the time such injury is committed, or
who owns any such railroad, locomotive, car, stage coach,
or other public conveyance at the time any injury is
received, resulting from or occasioned by any defect or
insuffiiciency above declared, shall forfeit and pay for
every person or passenger so dying, the sum of five thou¬
sand dollars, which may be sued for and recovered: First,
by the husband or wife of the deceased; or second, if there
he no husband or wife, or he or she fails to sue within six
months after such death, then by the minor child or chil¬
dren of the deceased; or third, if such deceased be a minor
and unmarried, then by the father and mother, who may
join in the suit, and each shall have an equal interest in
the judgment; or if either of them be dead, then by the
survivor. In suits instituted under this section, it shall be
296
'competent for the defendant, for his defense, to show that
t
the defect or insufficiency named in this section was not of
a negligent defect or insufficiency.1
Ibid. Sec. 3. 3.] Whenever the death of a person
shall be caused by a wrongful act, neglect or default of
another, and the act, neglect or default is such as would
(if death had not ensued) have ,entitled the party injured to
maintain an action and recover damages in respect thereof,
then, and in every such case, the person who or the corpo¬
ration which would have been liable if death had not
ensued, shall be liable to an action for damages, notwith¬
standing the death of the person injured.
1 bid. Sec. 4. 4.] All damages accruing under the last
preceding section shall be sued for and recovered by the
same parties and in the same manner as provided in the
second section of this chapter, and in every such action, the
jury may give such damages as they may deem fair and
just, not exceeding five thousand dollars, with reference to
the necessary injury resulting from such death, to the sur¬
viving parties who may be entitled to sue, and, also having
regard to the mitigating or aggravating circumstances
attending such wrongful act, neglect or default.
Ibid. Sec. 5. 5.] When any animal or aniinials shall
be killed or injured by the cars, locomotive or other carri¬
age used on any railroad in this State, the owner of such
animal or animals may recover the value thereof, in an
action against the company or corporation running such rail¬
road, without any proof of negligence, unskillfulness or mis¬
conduct, on the part of the officers, servants or agents of
such company; but this section shall not apply to any acci¬
dent occurring on any portion of such road that may
(1) Under this section the representatives of a servant<can maintain an action against the
master, if the death be occasioned by the negligence, unskillfulness or criminal intent of a fellow
servant. Schultz vs. Pacific Railroad Co., 36 Mo., 13. But an action will not lie in behalf of
the servant himself, when injured by the negligence .of a co-servant. Rohback vs. Pacific Rail¬
road Co., 43 Mo., 192; McDerinott vs. Same, 30 Mo., 115. The action must be commenced
within one year after the cause of action accrues. If the wife of the deceased fail to sue within
six months, the minor child has not twelve months thereafter within which to sue. Kennedy vs.
Burrier, 36 Mo., 128; Coover vs. Moore, 31 Mo., 51^, post section 6.
297
be enclosed by a lawful fence, or in the crossing of any
public highway.1
1 bid. Sec. 6. 6.] Every action instituted by virtue of
the preceding sections of this chapter, shall be commenced
within one year after the cause of such action shall accrue.
Ibid. Sec. 7. 7.] The jury, on the trial of any issue, or
on any inquisition of damages, may, if they shall think fit,
give damages, in the nature of interest, over and above the
value of the goods at the time of the conversion or seizure.2
Ibid. Sec. 8. 8.] Defendants in a judgment founded
on an action for the redress of a private wrong, shall be
subject to contribution, and all other, consequences of such
judgment, in the same manner and to the same extent as
defendants in a judgment in an action founded on contract.
(1) If the animals are killed where the road is not enclosed by a lawful fence, or in the
crossing of any public highway, the law raises the inference of negligence, and the corporation
will be liable. Gorman vs. Pacific Railroad Co., 26 Mo., 441; Burton vs. North Missouri Rail¬
road Co., 30 Mo., 372 ; West vs. Hannibal & Jo. Railroad Co., 34 Mo., 177 ; Calvert vs. Same,
Ibid, 242; S. C. 38 Mo., 467. See Meyer vs. North Missouri Railroad Co., 35 Mo., 353, as to
streets in towns; also Powell vs. Hannibal & St. Jo Railroad Co., 35 Mo., 457.
(2) In action against an inn-keeper for the loss of goods committed to his charge, the jury
may give interest upon the amount of the goods lost, by way of damages, but are not competed
to give such damages. Sparr vs. Wellman, 11 Mo., 230. As to interest on loss occasioned by
common carrier, Smith vs. Whitman, 13 Mo., 352. In trespass the jury are not restricted to the
value and interest upon the articles taken in measuring the damages, but may take into consider¬
ation the concurrent facts in aggravation, and give smart money. Milburn vs. Beach, 14 Mo.,
104. In an action for the conversion of a slave,the measure of damages is the value, with inter¬
est. The plaintiff cannot recover the value of the hire by way of damages. Polk vs. Allen, 19
Mo., 467. Where suit is brought for the wrongful taking or detention of goods, the value of
goods at the time of caption, with the interest thereon up to the time of trial, is the measure of
damages. State vs. Smith, 31 Mo., 566; Woodburn 7js. Cogdal, 39 Mo., 222 ; Miller vs. Whit-
son, 40 Mo., 97, As to exemplary damages in trespass, Freidenheit vs. Edmundson, 36 Mo.,226;
Allred vs. Bray, 41 Mo., 484; Walker vs. Borland, 21 Mo., 289; Kennedy vs. North Missouri
Railroad Co., 36 Mo., 351 ; Goetz vs. Ambs, 27 Mo. 28; Franz vs. Weber, 44. Mo.
298
CHAPTER 110.
ARTICLE IV.
OF THE MANNER OF COMMENCING SUITS AND THE SERVICE
OF NOTICES.
G. S., eh. 164. Section 1. 1.] Suits may be instituted
in courts of record, except when tlie statute law of this
State otherwise provides, either: First, by filing in the
office of the clerk of the proper court a petition, setting
forth the plaintiff's cause or causes of action, and the
remedy sought, and by the voluntary appearance of the
adverse party thereto; or, second, by filing such petition in
such office, and suing out thereon a writ of summons
against the person, or of attachment against the property of
the defendant.1
Ibid. Sec. 2. 2.] All railroad corporations that own
and operate roads terminating opposite to the city of St.
Louis, and whose chief office or place of business is in said
city, shall be sued in the same manner as railroad corpora¬
tions chartered by this State, and not otherwise.
(1) A defendant after appearance, cannot take advantage of a variance between the peti¬
tion and the summons in the name of the plaintiff. Hite vs. Hunton, 20., Mo., 286.
299
AN ACT to amend Chapter Sixty-three of General Stat¬
utes., entitled " Of railroad companiesby adding
certain sections thereto.
Section 1. Be it enacted by the General Assembly of the
State of Missouri, as follows: That chapter sixty-three of the
General Statutes, entitled " of railroad companies," is hereby
amended by adding a section thereto, as follows : Section
53. Any railroad company heretofore incorporated by
special laws of this State may, from time to time, borrow
such sums of money as may be necessary for the completion^
equipment or repair of their railroad, or for the funding-
of any floating debt, or for the making of any addition or
extension thereto, authorized by their charter, or for the
making connection with any bridge by tunnel, or otherwise ;
and for any or all of the purposes above named, may issue
and dispose of their bonds, for any amount so borrowed,,
and may mortgage their corporate property and franchise,,
or any part thereof, to secure the payment of any debt con¬
tracted by the company for the purposes aforesaid, or amy
one of them; and the directors of the company may con¬
fer upon the holders of any bond issued for money borrowed,,
as aforesaid, the right to convert the principal due and
owing thereon into stock of said company, at any time not
exceeding ten years from the date of the bond, under such
regulations as the directors may see fit to adopt: ProvidedT
that no bonds shall be issued unless authorized by a vote
of a majority of the existing capital stock in a meeting of
the stockholders called for that purpose by the directors of
said company, and on due notice given in the manner pro¬
vided by the by-laws for holding meetings of the stock¬
holders.
Sec. 2. That said chapter is hereby amended by adding-
a section thereto, as follows: Section 54. Any railroad
heretofore incorporated under special laws of this State, b;y
the provisions of whose charter stockholders are restricted in
800
voting according to the number of shares held, may remove
such restrictions by a vote of the stockholders, at a meeting
of tl le stockholders called according to the charter and by¬
laws of such company, if at such meeting a majority of inter¬
est and votes taken in conformitv to the charter of such
company, shall be cast in favor of such removal, and there¬
after every stockholder shall be entitled, at all general
meetings and elections, to one vote for each share of the
capital stock held by them in such company.
Sec. 3. This act shall take effect and be in force from
and after its passage.
Approved March 17, 1871.
AN ACT to amend chapter sixty-three of the General
Statutes, entitled 66 Of railroad companies," by adding
certain sections thereto.
Section 1. Be it enacted by the General Assembly of the
State of Missouri, as follows: That chapter sixty-three of
the General Statutes, entitled uof railroad companies," is
hereby amended by adding a section thereto as follows:
Section 55. Any railroad company organized under general
or special laws of this State, may issue a preferred stock for
such amount and upon such terms and conditions as the
board of directors may prescribe. But before any issue of
such preferred stock shall be made, the question of issuing
the same, together with the terms, conditions and privileges
upon which-the same is proposed to be issued, shall be sub¬
mitted to a vote of the stockholders of said company, at a
regular annual election for the directors thereof, or at a
special meeting of the stockholders of said company called
to consider the same; and if the question of issuing such
preferred stock, as aforesaid, shall be submitted to a vote of
the stockholders at a regular election of directors, then it
shall only require a majority in interest of all the votes
cast to authorize the issue thereof upon the terms proposed ;
301
but if the question of issuing such preferred stock shall be
submitted to a vote of the stockholders of any corporation
at any special meeting of the stockholders, called to consider
the same, then it shall require the vote of a majority in
interest of all the stock of such corporation in favor thereof
to authorize such issue; and at all elections called to con¬
sider the question of issuing preferred stock, as pro¬
vided in this section, no person shall be permitted to cast
any vote as a proxy for the owner of any share or shares
of stock without he shall produce written authority, signed
by the owner thereof, and duly acknowledged before some
officer having authority to take the acknowledgment of
deeds; and a record of such authority, showing the name
of the owner of the stock, and the name of the person
casting such vote in his behalf, shall be entered upon the
records of the company in a book to be kept for that pur¬
pose: And it is also farther provided, that when a dividend
of ten per cent, per annum shall have been declared upon
the preferred stock of any company, issued in pursuance
of this section, then ail other dividends shall be declared
and distributed pro rata, after the dividends on the common
stock shall equal the dividends on the preferred stock,
among all the stockholders of such corporation : And pro¬
vided farther, that nothing contained in this section shall be
so construed as to give the holders of the preferred stock,
herein provided for, any other or greater power in the con¬
trol or management of any corporation, or in the election
of the officers thereof, than is exercised by the owners
of the original or common stock of such company. Said
preferred stock shall be offered to all the common stock¬
holders pro rata in proportion to the amount of common
stock held by them. If any common stockholder shall fail
to take such preferred stock, after thirty days' notice by
publication in two daily newspapers in St. Louis, and writ¬
ten notice to clerks of counties holding stock, then any
other person may buy said stock.
Sec. 2. Said chapter is hereby further amended by
adding a section thereto, as follows: Section 56. Any rail¬
road company incorporated under special laws of this State
302
may increase or diminish the number of its directors to not
less than five (5) or more than thirteen (13), or provide for
any number of its directors, not exceeding one-third, being
selected from among non-resident stock-holders : Provided,
that such proposition shall be voted on and adopted by a
majority interest of the stockholders at a meeting of the
stockholders, called in conformity to the charter and
by-laws of such company : And provided further, that when
such changes are adopted by any such company, then a
majority of the resident directors shall constitute a quorum
of the board for business.
Sec. 3. Said chapter is hereby further amended by add¬
ing a section thereto, as follows : Section 57. Any railroad
company incorporated by the special or general laws of
this State, may at any time reduce the amount of their
capital or common stock by a vote of three-fifths in interest
of all the stock of such company to be affected thereby, at
a stockholders' meeting, called in conformity to the by-laws
of such company; and if so voted for, said capital stock
may be reduced upon the plan in detail, thus submitted to
the stockholders: Provided, that such reduction shall be
so made as to affect the interest of all stockholders alike:
Provided, that nothing in this section shall be so construed
as to permit the reduction of the capital stock of any com¬
pany below the minimum amount prescribed in the first
section of chapter sixty-three of the General Statutes, 1865.
Sec. 4. This act to take effect and be in force from and
after its passage.
Approved March 18, 1871.
303
AN ACT to amend an act entitled, ((An act to facilitate
the construction of railroads in the State of Missouri,99
approved March 23, 1868, and being section 52 of
article II of chapter 37 of Wagner9s Statutes, and
to limit the amount of stock which any county, city,
incorporated town or municipal township may sub¬
scribe for the construction of Railroads.
Section 1. Be it enacted by the General Assembly of the
State of Missouri, as follows: Section two of said act is
hereby amended to read as follows : In order to meet the
payments on account of the subscription to the stock,
according to its terms, or to pay the interest and principal
on any bond which may he issued on account of such sub¬
scription, the county court shall, from time to time, levy
and cause to be collected, in the same manner as county
taxes, a special tax, which shall be levied on all the real
estate and personal property, including all statements o±
merchants doing business within said, city, town, township,
or county lying and being within the township making the
subscription, in accordance with the valuation then last
made by the county assessor for county purposes: Pro¬
vided, however, that no county, city, town or township shall
ever, in the aggregate, subscribe a sum exceeding ten per
cent, of the last annual assessment within said county, city
or township.
Sec. 2 This act to take effect from and after its passage.
Approved March 10, 1871.
AN ACT to provide for a uniform system of assessing
and collecting taxes on railroads.
Section 1. Be it enacted by the General Assembly of the
State of Missouri, as follows: All railroads now constructed,
in course of construction, or which shall hereafter be con¬
structed in this State, and all other property, real, personal
304
or mixed, owned by any railroad company or corporation
in this State, shall be subject to taxation for State, county
and other municipal or local purposes, to the extent and
the manner hereinafter set forth.
Sec. 2. On or before the first day of February in each
and every year, the president or other chief ofiicer of every
railroad company whose road is now or which shall
hereafter become so far complete and in operation as to run
locomotive engines, with freight or passenger cars theron,
shall furnish to the State Auditor a statement duly sub¬
scribed and sworn to by said president or other chief ofiicer,
before some officer authorized to administer oaths, setting
out in detail all the property of said company, including
the road bed, buildings, machinery, engines, cars, lands,
workshops, depots, and all other property of whatsoever
kind, with the location thereof and the actual value thereof
in each county, in cash.
Sec. 3. In case any such railroad or other property of
any such company heretofore specified, shall have been sub¬
jected to taxation prior to the passage of this act, for any
year for which it shall not have been assessed, and paid
taxes, then a separate return for each year for which taxes
have not been paid shall be made, as herein required.
Sec. 4. In addition to the statement required by the
foregoing sections, the president or other chief ofiicer of
every railroad company shall, on or before the first day of
February in each and every year, furnish to the State
Auditor a statement, duly subscribed and sworn to, setting
out the length of such road that may be so far complete
and in operation as to run locomotive engines, with freight
or passenger cars thereon, and the number of miles in
length of such road in each county, city, or incorporated
town in which said road may be located.
Sec. 5. The State Auditor, State Treasurer, and the
llegister of Lands are hereby constituted a special board of
equalization of railroad property, and shall possess the
same powers and discharge the same duties with reference
4
305
to railroad property, as the State board of equalization
with reference to all other property.
Sec. 6. Said board shall meet at the office of the State
Auditor on the first Monday in May in each and every
year; and the State Auditor is hereby required to lay
before the board all returns which shall have been made to-
him in accordance with the second, third and fourth sec¬
tions of this act.
Sec. 7. The hoard shall thereupon proceed to adjust and
equalize the aggregate valuation of the property of each
one of the railroad companies liable to taxation under the
foregoing sections of this act. The hoard shall have power
to summon witnesses by process issued to any officer
authorized to serve subpenas, and shall have the powers of
a circuit court to compel the attendance of such witnesses
and compel them to testify. They shall have power to*
increase or reduce the aggregate valuation of the property
of any railroad company, in accordance with the evidence
produced before them, and as they may deem just and
right. If the said hoard should deem personal inspection
of property of any railroad company necessary to a
thorough understanding of its value and a just decision,,
they shall have power to visit such road, and may adjourn
from time to time for that purpose.
Sec. 8. The hoard shall apportion the value of all lands,,
workshops, depots and other buildings belonging to each
railroad company, to the counties, cities, or incorporated
towns in which such lands, workshops or depots and other
buildings are situate, and the aggregate value of all other
property of each railroad company shall be apportioned to
each county, city or incorporated town in which such road
shall be located, according to the ratio which the number
of miles such road completed in such county shall bear to
the whole length of such railroad.
Sec. 9. The hoard shall cause to be kept a fair record of
all its proceedings and decisions, shall sign the same officially,
and file said record in the office of the State Auditor on its
adjournment.
306
Sec. 10. The said board shall be authorized to employ
a clerk, who shall take an oath for the faithful performance
of his duties, which oath shall be tiled, with his certificate
of appointment, with the proceedings of the board, and
such clerk shall receive for compensation five dollars per
day for the time he is actually employed, to be paid out of
the appropriation for assessing and collecting the revenue.
Sec. 11. On receipt of the proceedings of said board, the
Auditor shall charge to each railroad company the amount
of taxes found to be due to the State on each of the several
funds, according to the law in force at the time, and shall
certify the said action of said board, together with the
amount of taxes due to each fund, to the secretaries of said
railroad companies respectively.
Sec. 12. The State Auditor shall, in like manner,
certify the action of said board, had under the provisions of
section eight of this act, to the clerks of the county courts
of the proper counties, and to the secretaries of the several
railroad companies; and thereupon the several county
courts shall levy, for all county purposes on such propor¬
tionate value as certified by the State Auditor, such taxes
as may be authorized by law, at the same time and at the
same rate as may be levied on other property.
Sec. 13. For the purpose of levying school taxes in the
several counties on railroad property, the several county
courts shall ascertain from the returns in the office of the
clerk of the county court the average rate of taxation
levied for school purposes by the several townships, or
other local school boards or authorities, and shall cause to
be charged to the said railroad companies school taxes at
said average rate on the proportionate value of said railroad
property so certified to said clerk of the county court by
the State Auditor under the provisions of section eight
of this act, and the said county courts shall apportion the
said school tax so levied, to the respective townships.
Sec. 14. Immediately after the county court shall have
ascertained and levied the taxes for county and school pur¬
poses, as provided in sections twelve and thirteen of this
307
act, the clerk of the county court shall certify, under the seal
of said court, to the secretary of the proper railroad com¬
pany the amount of taxes so levied for county purposes,
and also the amount of taxes so levied for school purposes;
specifying separately the amount and rate of county tax,
and the amount and rate of school tax; such certiticate to
be made by the clerk of the county court to the secretary
of such railroad company, on or before the first Monday in
August of each and every year.
Sec. 15. Should any railroad company fail to make and
return to the State Auditor any of the statements required
by the foregoing provisions of this act, the said board shall
ascertain the property of such road from the best informa¬
tion they can obtain, and shall fix the value thereof, and
their action on the same shall be filed in the office of the
State Auditor, as herein required.
Sec. 16. All railroad companies charged with taxes,
according to the provisions of this act, shall pay all the
taxes due to the State into the State treasury on before the
thirty-first day of December of the year for which the same
may be assessed, as herein provided, and it shall be the
duty of the Treasurer to transfer the same to the county
treasuries in compliance with section five of an act entitled
"An act to facilitate the construction of railroads in the
State of Missouri," approved March 23, 1868.
Sec. 17. In case any railroad company shall fail to
furnish to the State Auditor the statements required by the
preceding sections of this act, by the time therein required,
the Auditor shall charge such company with the taxes
appearing to be due to the State on the statement furnished
to him by the board of equalization provided by this act,
and shall add thereto as a penalty for such failure ten per
centum on the amount of taxes so found to be due, and
shall include said penalty in his certificate to the secretary
of such company, required by the twelfth section of this
act.
Sec. 18. In case any such railroad company shall fail
to pay into the State treasury on or before the thirty-first
308
day of December next after the same shall have been levied,
the taxes and penalties appearing to be due, as provided in
the foregoing sections of this act, such company shall for¬
feit and pay to the State of Missouri, in addition to the
taxes and penalty with which such company may stand
charged by the Auditor, two and a half per cent, per
month, after the said thirty-first day of December, on the
amount so charged against such company, [which] together
with the two and a half per cent, per month, hereinbefore
specified, may be recovered in the name of the State of
Missouri by civil action in any court of competent jurisdic¬
tion, and it shall be the duty of the State Auditor to cause
to be prosecuted all suits necessary to the recovery of such
taxes and penalties.
/
Sec. 19. In case any such railroad company shall fail to
pay to the county treasurer of the proper county the
county and school taxes levied under the provisions of sec¬
tions twelve and thirteen of this act, on or before the thirty-
first day of December next, after the same shall have
been levied, such company shall forfeit and pay such county
two and a half per cent, per month 011 the amount of such
county and such school taxes so charged to such railroad
company, which taxes and penalty of two and one-half per
cent per month thereon may be recovered in the name of
such county by civil action in any court of competent juris¬
diction, and it shall be the duty of the county court to
cause to be prosecuted all suits necessary to the recovery of
such taxes and penalties.
Sec. 20. The State and countv shall have a lien on all
«/
railroads of such corporations, and their appurtenances and
stock thereon for all penalties, taxes and dues which may
accrue to the State and county from such corporation, which
lien of the State and county shall have precedence of all
demands, judgments or decrees against said corporation,
and the citizens of the State and county shall have a lien
upon all personal property of said corporations to the
amount of the penalties, taxes and dues, found to be due
or owing by such company or corpopation for all debts
originally contracted within this State, which, after the said
309
lien of the State and county, shall take precedence of all
other debts, demands, judgments or decrees, liens or mort¬
gages against such corporations.
Sec. 21. This act shall not avoid or annul the provisions
of section five of an act entitled " An act to facilitate the
construction of railroads in the State of Missouri," approved
March 23, 1868, or of an act amendatory thereof, approved
March 24, 1870.
Sec. 22. This act shall take effect and be in force from
and after its passage.
Approved March 10, 1871.
AN ACT aathvizing the formation of union depots and
stations for railroads in cities of this State.
Section 1. Be it enacted by the General Assembly of the
State of Missouri, as follows : In order to facilitate the public
convenience and safety in the transmission of goods and
passengers in large cities from one railroad to another,
and to prevent unnecessary expense, inconvenience and loss
attending the accumulation of a number of stations, any
number of persons not less than five, are hereby authorized
to form themselves, or any three or more railroads may
themselves form or join individuals in forming a corpora¬
tion under the general laws of the State relating to private
corporations for the purpose of constructing, establishing
and maintaining a union station for passenger or freight
depots, or for both, in any city of this State, with the nec¬
essary offices and rooms convenient for, and appurtenances
thereto, and for that purpose may make an'd sign articles,
in which shall be stated the number of years the same is to
continue, the city in which the same is to be located, the
amount of the capital stock of said company, which shall
not exceed three millions of dollars; the amount of each
share of stock, the names and places of residence of its
310
directors, which shall not be less than five nor exceed nine,
who shall manage its affairs for the first year, and until
others are chosen in their place, and shall also state the
amount of stock taken by each subscriber.
Sec. 2. Any association of persons or corporation desir¬
ing to become incorporated under the provisions of this
act, may present their articles of association to the circuit
court of the county in which such city is, or to the judge
thereof in vacation, with the petition from such members
for a certificate of incorporation, under the provisions of
this act, to which petition shall be added or appended a
certificate of at least three railroad companies who have
tracks leading into said city, stating its public utility, and
that they expect to make arrangements for its use when it
shall be constructed, signed by the president of their
respective companies.
Sec. 3. If the circuit court, or any judge thereof in
vacation, shall he satisfied that said certificate has been
signed by such companies, then the said court or judge
upon filing the said petition, articles and certificate afore¬
said, with the clerk of the court, shall grant to the said
association a certificate of incorporation, which may be in
the following form, to wit: " Whereas, A., B., C., etc.
(stating the names), have filed in the office of the clerk of
the circuit court their articles of association, in compliance
with the provisions of an act entitled 'An act authorizing
the formation of union depots and stations for railroads in
cities of this State,' approved (stating date of approval)
with their petition of incorporation under the name and
style of— , they are therefore hereby declared a body
politic, under the name and style aforesaid, with all the
powers, privileges and immunities granted in the act above
named. By order of circuit court (or judge thereof), .
Attest clerk of circuit court of county ," and
thereupon filing the same or a certified copy thereof in the
office of the Secretary of State, the said association from
the time of such filing, shall be a corporation under the
laws of the State.
311
Sec. 4. Every, corporation formed under this act, in
addition to the general powers conferred by the laws of
this State in relation to corporations, shall have power:
First, to take and hold for the purposes mentioned in this
act, such real estate as they may acquire, either hy convey¬
ance to said corporations, and such as it may acquire
under the provisions of this act, by condemnation. Second,
to take, occupy and condemn any lands and real estate
needed for the establishment of such union station or
depot, and the same proceedings shall be had therefor, as
provided in chapter sixty-six (66) of the General Statutes,
relating to the appropriation and valuation of land taken for
telegraph, macademized, graded, plank or railroad purposes
so far as applicable thereto, and when so condemned, the said
land, and any interest therein, shall belong to such corpor¬
ation, as the owner thereof. Third, with the consent of
the proper authorities of the city in which said station or
depot is to be constructed, to have the right to lay the
necessary track over, upon or under such streets of said
city as may be necessary in order to make the necessary
connections with said railroads, and may with such consent
also construct such station or depot under, over or upon
any such streets. Fourth, from time to time to borrow
such sums of money as may be necessary for the con¬
struction, completion and finishing or repairing of such
station or depot, and to issue and dispose of their bonds for
such amounts, at such prices as they shall think proper,
*and to mortgage their corporate property and franchise for
the purpose of securing the same. Fifth, to open from time
to time books of subscription to the remainder of the
capital stock not taken by the subscribers to the articles of
association: Provided, that no company organized under
the provisions of this act shall hold, or acquire any real
estate except such as sball be actually necessary for such
depot purposes : Provided farther, that the power to condemn
real estate, conferred hy this act, shall not apply to that
portion of the city of St. Louis within the following
boundry: North, by Green street, from the river to 9th
street; west, by 9th street, from Green street to Market;
312
south, by Market street, from 9th street to the Mississippi
river.
Sec. 5. There shall be an annual election of directors
to serve for the ensuing year, notices of which, appointing
a time and place, shall be given by the directors as origin¬
ally constituted for the first, annual election, and thereafter
by their successors in office, which notice shall be published
not less than twenty days previous thereto in some news¬
paper published in the English language in the city in
which said station or depot is located.
Sec. 6. This act shall take effect and be in force from
.and after its passage.
Approved March 18, 1871.
AN ACT to amend section two of an act entitled 66 An act
to sell the claim of the State against the North Mis¬
souri Hail/road Company, and to amend the charter
of said company," approved March 17, 1808, and to
provide for the filing of a new bond.
, Section 1. Be it enacted by the General Assembly of the
State of Missouri, as follows: Section two of an act entitled
an act to sell the claim of the State against the North Mis-
•souri Railroad Company, and to amend the charter of said
company, approved March 17, 1868, is hereby amended to
read as follows: Section 2. Upon the payment into the
State treasury, within the time named, of said sum of two
hundred thousand dollars, it shall be the duty of the Gov¬
ernor to transfer and assign to the parties named, or the
survivors of them, and such of their associates as they may
request to be included, all the right, title and claim of the
State of Missouri against the North Missouri Railroad
Company, on account of bonds loaned by the State to said
company, and interest paid the State on said bonds, together
with the mortgage lien held by the State upon the road
and appurtenances of said company, which transfer, and
313
assignment shall vest in said purchasers all the right, inter¬
est and claim, now secured to or held by the State against
said company, the road and appurtenances : Provided, how¬
ever, before any transfer or assignment is made b}^ the Gov¬
ernor, as aforesaid, the parties purchasing one or more of
them, shall enter into bond to the State of Missouri, with
good and sufficient security, to be approved by the Gov¬
ernor, in the sum of five hundred thousand dollars condi¬
tioned that the parties to said bond, and their associates,
shall furnish the necessary money to the North Missouri
Railroad Company, to enable said company to complete
their road to the Iowa State line, within nine months after
the passage of this act, and to complete the west branch to
a point opposite Kansas City, within eighteen months after
the passage of this act, and the evidence of such completion
shall be the running of a train of cars within the times
named to the points named, and a failure to complete either
said road or branch, within the times named, shall be con¬
clusive evidence of failure to comply with the conditions
of the bond, and in such event the bond shall at once
become due and payable, and if not paid, the payment shall
be enforced at law by the Attorney General, and the money,
when collected, shall be paid into the sinking fund, and be
invested by the fund committee in the purchase of outstand¬
ing State bonds : Provided, that if the North Missouri Rail¬
road Company shall contract with the Kansas City and Cam¬
eron Railroad Company, to run the west branch trains over
the road of said last named company, from the point in
Clay county where the roads come together, not exceeding
eight miles from Kansas City, to the point opposite Kansas
City, and shall so run the trains within the time named, the
same shall be deemed a compliance with the conditions of the
bond, as to the west branch: And he it further provided,
that before any transfer or assignment, by the Governor
aforesaid, is made to the parties purchasing the claims of
the State against the North Missouri Railroad Company,
one or more of them shall also enter into bond to the State
of Missouri with good and sufficient security, to be approved
by the Governor, in the sum of one hundred and fifty
314
thousand dollars, conditioned, that the parties to said bond,
and their associates, shall furnish the necessary money to
the North Missouri Railroad Company to enable said com¬
pany to build and complete, or cause to be built and com¬
pleted, a railroad bridge across the Missouri river at the city
of St. Charles, within four years after the 17th day of March,
1868, and the evidence of such completion shall be the
running of a train of cars and locomotive, within the time
named, over said bridge, and a failure to complete said
bridge within said four years, shall be conclusive evidence
of failure to comply with the conditions of said bond, and in
said event, the bond shall at once become due and payable,
and if not paid, payment shall be enforced, and the money,
when collected, appropriated in like manner, as provided
for in relation to the other bond hereinbefore mentioned.
Sec. 2. It is hereby provided that the purchasers of the
claims aforesaid, shall enter into a bond, in the sum of one
hundred and fifty thousand dollars, conditioned that the
parties to said bond, and their associates, shall furnish the
neccessary money to the North Missouri Railroad Company
to enable said company to build and complete, or cause to
be built and completed, a railroad bridge across the Missouri
river at the city of St. Charles, within the time provided
in this act as amended, and nothing in this act shall be so
construed as to release the purchasers, or their securities to
the bond heretofore given for this purpose, until said new
bond is given and approved by the Governor, as provided
for in section two of this act. '
Sec. 3. This act shall take effect and be in force from
and after the filing of the bond as provided for in section
three [two] of this act.
Approved March 15, 1871.
315
CONTRACT between the Louisiana & Missouri River
R. R. Co,f and the Chicago & Alton R, R. Co.
This Agreement, made and entered into this 5th day of
July, A. D. 1870, by and between the Louisiana and Mis¬
souri River Railroad Company, a corporation created and
organized under the laws, of the State of Missouri, party of
the first part, and the Chicago and Alton Railroad Company,
a corporation created and organized under the laws of the
State of Illinois, party of the second part, Witnesseth as
follows: Whereas, said party of the first part is duly
authorized and empowered by the laws of the State of
Missouri to construct, complete and operate a railroad from
the city of Louisiana, in Pike county, in said State, by
way of or near the town of Bowling Green, in said county,
and thence to such point on either the north or south bank
of the Missouri river, as may be selected by its board of
directors, with further power to construct a branch of its
said road from a point on the line thereof, not further east
than the town of Bowling Green, in Pike county aforesaid,,
and running thence to any point on the Missouri river,
between the town of St. Aubert, in Osage county, and the
city of Boonville, in Cooper county, and also with further
power and authority to contract with any other railroad
company for the running of trains over and the use of its
road and branch and appurtenances, and in like manner to
lease the said road and branch to any other railroad com¬
pany, for a term of years, and to execute good and sufficient
transfers of the same, with all property, machinery and
appurtenances thereto belonging. And whereas, also, the
said party of the first part is desirous of building its said
railroad between said city of Louisiana and Kansas City, a
point on the south bank of the Missouri river, and also a
branch thereof from the city of Mexico, in the State of
Missouri, to a point on the north bank of the Missouri
river, opposite to Jefferson City, in said State, upon routes
*
316
to be located as hereinafter specified, and have commenced
to do the necessary grading' and other work proper for the
construction of said railroad and branch. And whereas, also,
the said first party proposes to finish and complete said rail¬
road and branch, and when so finished, either in whole or
in part, to lease the same for the term of one thousand
years unto the said party of the second part upon the terms
and conditions hereinafter enumerated and contained. And
whereas, also, it is deemed advisable and proper by each of
the parties to this instrument that the said party of the
second part, should have the supervision and direction of
so much of the construction and equipment of said railroad
as appertains to laying the superstructure thereof, and
supplying it with the necessary rolling stock and other
equipments, depots, water stations, machine shops and
engine houses, and for that purpose to contract in the name
of said party for the supplying of materials for said super¬
structure, and placing the same on said railroad and branch,
and for supplying, at the proper expense of said second
party, upon the execution of the lease aforesaid, the rolling
stock and other equipments necessary to operate said railroad
and branch. Now, therefore, this agreement, entered into on
the day and year aforesaid, by virtue of resolutions passed
by the respective boards of directors of said parties for
such purpose, wltnesseth as follows, that is to say :
1. The said party of the first part hereby covenants and
agrees, to and with said party of the second part, its succes¬
sors and assigns, that it, the said party of the first part, will
procure all right of way which maybe necessary and proper
for the construction of said railroad and branch n\ on the
respective divisions of said railroad, as follows, to-wit: On
the division between Louisiana and Mexico, within ten days
from the date hereof; on the branch from Mexico to Jeffer¬
son City, within ninety days from the date hereof; on the
division between Mexico and Glasgow, within six months
from the date hereof; and on the division between Glasgow
and Kansas City, within six months from the time that the
location of the line between said last named points has been
settled and agreed upon between the parties hereto, and
317
that the title to the said right of way shall be vested in the
o *
said party of the first part. And said party of the first
part hereby further covenants, that it will also, within the
times limited aforesaid, procure all necessary depot grounds,
and other real estate, which may be necessary and proper
for the successful completion and operation of the said rail¬
road and branch, and that the title to all real estate so pro¬
cured, shall be vested by good and sufficient deeds in fee
simple, or by decree of a court of competent jurisdiction,
in the party of the first part, its successors and assigns.
2. And the said party of the first part hereby further
covenants, to and with said party of the second part, its
successors and assigns, that it, the said party of the first
part, will, within the time hereinafter limited therefor,
finish and complete all the grading, including the grading
for side tracks, switches and turnouts, which may be neces¬
sary for the construction of said railroad and branch, with
a road bed at least twelve feet in width upon embankment,
and eighteen feet in width in excavation, and generally the
material used, the character of the structures and work to
be done upon said road bed, shall be in every respect equal
to that already done upon the first division of said road
between Louisiana and Mexico, and the grade upon the
other divisions of the said road to remain as now fixed by
the engineer of the party of the first part, and shown upon
the profiles now in the office of said engineer, including
also the south branch, and the grade upon any line not yet
surveyed shall not exceed that already established, except
with the consent of both of the parties to this instrument.
And said party of the first part further agrees, that it will,
at its proper cost and expense, procure and deliver, within
the times specified and limited hereafter, upon its line of
railroad and branch thereof, all the cross-ties of usual
quality, kind and dimensions, which may be required to lay
a continuous track, with two thousand six hundred and
forty ties to the mile. And said party of the first part
further covenants, that in the fulfillment of the covenants
contained in this article, it, the said party, will not create
any lien upon its property, nor issue any bonds, notes or
318
shares of preferred stock to raise money for such purpose,
neither will it, the said first party, create any floating debt
for that purpose.
3. And the said party of the first part, hereby covenants
and agrees, to and with said party of the second part, its
successors and assigns, that for the purpose hereinafter
mentioned and set forth, it will issue its bonds to the amount
of sixteen thousand dollars per mile of its railroad and
branch, not including side tracks, the said bonds to be
secured by a first mortgage or deed of trust upon its prop¬
erty and franchises, executed to trustees to be named by
the said party of the second part, to mature in thirty years,
with semi-annual interest thereon, at the rate of seven per
cent, per annum, payable in New York, free of government
tax, and convertible at any time within ten years from their
issue into preferred stock, with a guarantee thereon of seven
per cent, per annum interest, or into common stock, as may
be hereafter determined, and the holders of which said
bonds shall be entitled to vote at all meetings of the stock¬
holders of said Company, five votes for every one thousand
dollars of bonds held by them. Said first party hereby further
co rev ants, that it will issue its shares of preferred stock to
the amount of ten thousand dollars per mile of main track
und branch of said railroad, which said preferred stock shall
have a preference on dividends of seven per cent, over the
common stock, and shall stand in relation to said common
stock that the preferred stock of said second party stands
to its common stock. Said first party hereby further
agrees and covenants, that it will also issue its common
stock to the amount of five thousand dollars for every mile
of main track of said railroad and branch, and that it will
not, without the consent of said second party, issue any
common stock in addition to that therein provided, except
upon subscriptions made thereto, for the purpose of com¬
pleting the work herein specified, and that all of said bonds
and shares of stock, both common and preferred, except \
such common stock as may be required to comply with
subscriptions made to complete the bridging, grading and
furnishing ties, and for purchasing depot grounds for said
319
road and branch, shall be disposed of as hereinafter men¬
tioned and provided.
4. And the said party of the first part hereby further
covenants and agrees, to and with said second party, its suc¬
cessors and assigns, that the bonds and shares of stock
provided to be issued by the terms of article three of this
agreement, shall be disposed of as follows: that is to say,
the said party of the first part, shall retain of said first
mortgage bonds one thousand dollars per mile of each and
every mile of main track of its said railroad and branch,
and said first party hereby covenants that it will use the
said sum so retained by it, 01 so much thereof as may be
necessary for such purpose for grading, bridging and fur¬
nishing ties, and for purchasing real estate for said railroad
and branch, as provided hereinbefore, and the said first party
hereby agrees and covenants, that it will, so soon as the
same shall have been issued, which said issue shall be made
as soon as may be, deposit in the hands of a trustee to be
agreed upon by both parties hereto, the remainder of said
bonds, and all of the shares of stock provided to be issued
by article three of this agreement, to be by said trustee held
and disposed of in the manner and for the purpose specified
in the sixth article of this agreement. And the said party
of the first part hereby further covenants, to and with the
said party of the second part, that it, said first party will
not, at any time hereafter, issue any other stock, preferred
or common, than that provided to be issued by article three
aforesaid, neither will it execute any other mortgage, nor
issue any other bonds than those provided for herein, with¬
out the assent of the second party, and of two-thirds in
interest of the holders of the preferred stock, be first had
and obtained for such purpose.
5. And it is mutually covenanted and agreed that all
contracts for the purchase of iron rails (said to be not less
than fifty-six pounds in weight to the yard), fish joints,
spikes for track-laving, the erection of depot buildings,
engine houses, water tanks, shops and other buildings, and
also the contracts for providing suitable steam ferry boats
for transporting cars across the Mississippi and Missouri
rivers, and for all other matters and things necessary to
complete the said road and branch, shall be made by the
party of the first part, through the agency of the s;iid second
part, and that no such contract shall be made 01* entered
into with any person whomsoever, without the assent of
the said second party, and that the said second party shall
have the sole and separate control of the making of all such
contracts, and of prescribing the kind, quality and price of
materials to be furnished, and the price to be paid for the
labor done in the execution and performance of the work
in this article provided to be performed.
6. And it is mutually understood and agreed between
the parties hereto, that in case of the death, resignation or
removal of the present engineer of said first party, M. C.
Little, a competent person shall be appointed by the first
party to act as chief engineer under the provisions of this
agreement, said appointment to be made subject to the
approval of the second party, and in case the said first party
and the second party shall be unable to agree upon such
appointment, a person shall be appointed by Boswell B.
Mason and John D. Perry, Esqrs., or in case of their death
or failure to act, by some competent person to be agreed
upon by the parties hereto; and should a vacancy occur in
said office at any time, by removal or otherwise, it shall be
filled in a manner provided for the first appointment ; and
it is mutually agreed that said chief engineer shall have
authority to appoint all necessary assistants for superintend¬
ing and inspecting the work; and the decision of the said
chief engineer in regard to the plans for structures of all
kinds, and as to the general character of the work to be
done under the provisions of this agreement, shall be final
and conclusive 011 the parties hereto: Provided, that for
cause shown by either party, which shall be deemed suffi¬
cient by the parties, or, in case of disagreement, by B. B.
Mason and John D. Perry, or the survivor of them, said
chief engineer shall be removed, and his successor appointed
as hereinbefore provided. And it is further mutually agreed,
that during the progress of the work herein provided to be
321
done, an estimate shall be made by the chief engineer in.
charge of said work, on the tirst day of each month, showing
the amount of work done and materials delivered during the
preceding month, and total amount up to that time, and
within ten days thereafter the said trustee, so holding the
bonds and shares of stock aforesaid, shall, upon requisition
of said second party for such purpose, deliver to the parties
entitled to receive the same, or if sold shall pay over the
proceeds of such an amount of said bonds and stock as the
amount of such monthly estimate shall bear to an estimate
of the whole cost of all the work herein agreed to be done
and materials to be furnished, the said second party to
account for the accrued interest 011 said bonds, it being
intended that said bond and stocks shall be paid over from
time to time in proportion to the progress of said work and
the purchase and delivery of materials for the same. And
it is further understood and agreed, that if at any time here¬
after the said party of the second part shall require for the
purpose of negotiation the delivery of any part of said
bonds, before the doing of said work or furnishing said
material, the said trustee shall be authorized to deliver
said bonds to said second party to be sold, but the moneys
arising from such sales shall at once be paid over to said
trustee, and by him paid out, as herein provided for the pay¬
ment and delivery of said bonds and stocks aforesaid:
Provided, that said bonds shall in no case be sold for less
than eighty per cent, of their par value and accrued interest;
and further, that in case bonds are so sold, that said second
party will pay, or cause to be paid, all interest which may
accrue thereon after said sale and prior to the time when,
by the terms of this agreement, the said bonds would have
been delivered to the parties entitled to receive the same.
And it is further mutually agreed, between the parties, that
said second party shall pay for all such material furnished
and work done out of the proceeds of said bonds and stock
so deposited with the trustee aforesaid, and that it, the said
second party, will guarantee and secure the payment of all
coupons on the said bondq from the time when the same is
issued by the trustee aforesaid, as herein provided. And it
33
322
is mutually covenanted and agreed, that in case there shall
remain in the hands of said trustee, after the completion of
any part of said railroad and branch, and the payment of
the price of all material furnished and labor done towards
the completion thereof, any surplus of either the bonds or
stock so deposited with said trustee, as aforesaid, the said
surplus shall be considered a further consideration to the
second party for furnishing the rolling stock and execution
of the lease hereinafter provided for, and shall become the
absolute property of the party of the second part, and be
delivered to it by the said trustee in the manner and at the
time following, that is to say : As soon as the said railroad
is completed to-Mexico, as herein provided, the cost of lay¬
ing the superstructure of said division, as herein provided,
shall be ascertained and computed, and if there shall
remain in the hands of the said trustee aforesaid, any sur¬
plus of the bonds and shares of stock, issued upon that
division after paying the cost of the superstructure, furnish¬
ing the material and finishing the same, said surplus of
bonds and stocks shall be forthwith delivered to the said
party of the second part by said trustee, to be by it, said
second party, disposed of as it shall see fit; and upon the
completion of every twenty miles of said railroad and
branch, after the same shall have been finished to Mexico,
as aforesaid, a similar computation of the cost and payment
thereof shall be made, as aforesaid, and the said trustee shall
deliver to the said second party forthwith, any surplus of
the bonds and stocks in his hands, issued upon said twenty
miles of road or branch, which may remain after paying
the cost thereof, estimated and computed as aforesaid.
7. And the said first party hereby further covenants to
and with said second party, its successors and assigns, that
it, said party, will at all times hereafter maintain its corpo¬
rate organization and existence under the laws of the State
of Missouri; that it will not itself do, neither will it permit
or sutler to be done, any act or thing which will cause a
forfeiture of any of its corporate rights or franchises; and
that it, the said party of the first part, will at all times
hereafter, upon the request of the said second party, exer-
323
cise any powers of condemnation, or any other corporate
right or franchise, which may be necessary to enable the
said second party to construct and maintain and success¬
fully operate said railroad and branch.
8. And the said party of the first part hereby covenants
and agrees to and with said second party, its successors and
assigns, that it, the said party of the first part, will lease to
said second party its entire line of railroad, and branch
thereof, to be constructed as herein provided, together with
the steam ferry boats provided for as aforesaid, for the term
of one thousand years, and that it will receive therefor the
rental hereinafter stipulated, to be paid by said second party.
9. And the said second party hereby covenants and
agrees, to and with said first party, its successors and
assigns, that it, said second party, will, within eighteen
months from the nineteenth day of May, A. D. 1870, con¬
struct, or procure to he constructed, a line of railroad from
some convenient point on the line of the St. Louis, Jack¬
sonville and Chicago Railroad, now leased and operated by
it, said second party, to a point on the Mississippi river,
opposite the city of Lousiana, in Missouri.
10. And the said party of the second part, for itself, its
successors and assigns, hereby covenants and agrees, to and
with said first party, its successors and assigns, that it, said
second party, will, as the agent of said first party, contract
with good and responsible parties to lay the superstructure
upon the road bed, provided by said party, as aforesaid (the
said first party furnishing the cross ties therefor, as herein¬
before provided), and that it will iron and finish the same
ready for operation, in the following manner and within
the following times, that is to say : The road bed, grading
and bridging, and the cross ties being furnished by said first
party for that purpose, according to the agreements herein¬
before contained, and the second party having now on the
way from Europe a sufficient quantity of iron rails to lay
twenty miles of said track, and as the remainder of the
iron rails necessary to lay the track of said road and branch
cannot now be had, except by purchase in Europe, the said
324
party of the second part hereby agrees to commence laying
the iron on said track, at the city of Louisiana, by the first
day of September next, and to complete the laying of said
track for twenty miles west of Louisiana so soon as the
same can be completed by the use of ordinary and reason¬
able diligence. And said second party further agrees, to
complete the laying of said track to Mexico, so soon after
the receipt of said iron rails (which said rails the second
party agrees to procure as soon as practicable), as the same
can be completed by the use of ordinary and reasonable
diligence. And said party of the second part further agrees
to iron, and complete, and finish the said road west of
Mexico, including the branch aforesaid, as follows, that is
to say : Said second party shall cause track laying to com¬
mence 011 said part of said road and branch within thirty
days after said road and branch shall be made ready there¬
for, in continuous sections of at least twenty miles, and
shall cause said work to be prosecuted to completion with
ordinary and reasonable diligence, until the whole of said
road and branch shall have been completed and finished.
And the said party of the first part hereby agrees, that it
will furnish all cross ties and prepare the road bed and
bridges ready for the iron 011 said road and branch within
the times limited, as follows, that is to say: Upon that
portion of said road between Louisiana and Mexico, within
one year from May 19th, A. D. 1870; upon that portion of
said road between Mexico and Glasgow, within two years
from May 19tli, A. II. 1870 ; upon that portion of said road
between Glasgow and Kansas City, within three years from
May 19th, A. I). 1870; upon the branch of said road
between Mexico and Jefferson City, within one year from
May 19th, 1870. And said second party hereby covenants
and agrees, to and with said first party, that it, said second
party, will pay for all material used in laying the super¬
structure (cross ties excepted), and for labor done in com¬
pleting and finishing said ra'lroad and branch, out of the
proceeds of the bonds and stocks so deposited with said
trustee, as hereinbefore provided, and that in case said pro¬
ceeds shall prove insufficient to make such payments, said
325
second party will make good any deficiency out of its own
funds.
11. And the said second party hereby covenants and
agrees, to and with said first party, its successors and
assigns, that it, the said second party, will lease the railroad
and branch of said first party, so to he completed and
finished, including said steam ferry boats, so long as ferry
boats shall be used, a bridge or bridges being unbuilt, for
the term of one thousand years, and that it, said second
party, will accept and operate, under the terms of said
lease, portions of said railroad and branch, so soon as the
same shall be completed to Mexico, and afterwards in sec¬
tions of not less than twenty miles in length, and in con¬
nection with the portion then completed from Louisiana to
Mexico, as the same shall be finished and ready for opera¬
tion. And that it, the said second party, will, from time to
time, as occasion may require, furnish all necessary rolling
stock and other equipment necessary to maintain and
operate said portions of said road so accepted by it as afore¬
said, and that it will maintain and keep in repair the same,
and that upon the completion of said road and branch, it
will equip, operate and maintain the same, together with
said ferry boats, so long as the same shall be used as afore¬
said, under the terms of the lease so executed aforesaid.
And said second party hereby further covenants, that it
will pay to said party of the first part, as an annual rental
for the use of said road and branch, and for said ferry
boats, so long as the same shall remain in use, in half
yearly payments, a sum which shall be ascertained as fol¬
lows, that is to say: From the gross earnings of said
railroad and branch shall first be deducted all taxes and
assessments of every description whatever, whether Federal,
State, county or municipal, and thirty-five per centum of
said gross earnings shall constitute the rental for that year:
Provided, that said second party shall at all times pay the
coupons due on the bonds of the party of the first part
issued as aforesaid, which may be outstanding and unpaid,
and the interest on all guaranteed preferred stock into
which said bonds may have been converted as herein pro-
326
vided, and shall charge the amounts so paid on account of
the rental herein provided. And the said second party
hereby further covenants and guarantees, that the annual
rental for each year shall in 110 case be less than a minimum
of one thousand three hundred and seventy dollars per
mile for each mile of main track of said railroad and branch
leased and operated as aforesaid. And provided, further,
that said party of the second part shall be under no obliga¬
tion to pay rent to the party of the first part, until the
railroad between the point on its Jacksonville division and
the Mississippi river, opposite Louisiana, is completed and
ready for operation, as herein provided, bu.t the said party
of the second part shall operate that portion of said road,
commencing at Louisiana, as fast as completed, in sections
of twenty miles, and shall pay the interest on the bonds of
the first party issued and outstanding, in payment thereof,
and the net earnings of any portion of the road so operated
before the completion of the line in Illinois aforesaid, shall
be, by said second party, applied on account of the interest
011 said bonds so paid by it, as last aforesaid, and if said
earnings be insufficient to pay the whole amount of the
interest 011 said bonds so paid, the deficit shall stand as a
debt of the first party, to be charged to account of the rent
to be paid by said second party under the lease provided to
be executed, and so soon as the said line in Illinois shall be
complete and ready for operation, the said second party
shall accept and operate under the terms and provisions of
the lease aforesaid, so much of the road of said first party,
being not less than twenty miles in length, as shall and may
be at that time completely finished and ready for operation
in a continuous line from Louisiana westward, and shall
continue to accept and operate said line thereafter, as it
may be finished, in sections of not less than twenty miles.
12. And it is mutually understood and agreed, that if,
at any time hereafter, it shall be deemed advisable by said
second party, for the interest of both parties, that either or
both the ferries over the Mississippi or Missouri rivers
should be discontinued, and a bridge or bridges substituted
therefor, then, and in such case, the said party of the second
327
part shall no longer be bound to maintain and continue the
operation of said ferries, nor to account for the proceeds
which might he earned by their operation and management;
but the said second party shall have the right, in such case,
to enter into a contract with any person or corporation for
the construction of a bridge or bridges over either or both
of said rivers, and the earnings or tolls of said bridge or
bridges so constructed, shall not be taken as part of the
gross earnings of said railroad in determining the rental to
be paid by said second party under this agreement, and the
lease to be executed in pursuance thereof, and in such case
the ferry boat or boats no longer needed for the operation
and maintenance of said line of railroad, shall be sold, and
the proceeds applied in such manner as may be agreed
upon by the parties hereto.
13. And it is hereby mutually agreed, that if, at any
time hereafter, it shall be deemed by both the parties hereto,
for their mutual interest, to build a branch or branches of
said railroad, other than the branch herein provided to be
built, then, and in such case, said branch or branches shall
be constructed and built under the terms of this agreement,
as fully as though they had been specifically provided for
therein, at the time of making the same, and all branches
so built shall be maintained, equipped, and operated by said
second party under the terms and provisions of the lease to
be executed in accordance with this agreement, as fully as
if the same were specified and included in said lease.
14. And the said parties hereby mutually covenant, each
with the other, to execute within a reasonable time from
the date hereof, a lease of said railroad and branch, for the
term of one thousand years, in accordance with the terms
and provisions of this agreement.
328
In "Witness whereof the parties hereto have
caused their respective corporate seals to bo
attached hereto, and their respective presi¬
dents to subscribe their names, 011 the day
and year first above named.
THE LOUISIANA AND MISSOURI RIVER
RAILROAD COMPANY.
By Henry V. P. Block, President
seal
Attest, Wm. F. Colton, Secretary.
THE CHICAGO AND ALTON RAILROAD
COMPANY.
By T. B. Blackstone, President.
i seal }
v—v—' Attest, W. M. Larrabee, Secretary.
329
LEASE of the Louisiana and Missouri Liver R. It, Co*
to Chicago and Alton R. R. Co.
This Indenture, macle and entered into this first day of
August, in the year of onr Lord one thousand eight hun¬
dred and seventy, by and between the Louisiana and Mis¬
souri Liver Railroad Company, a corporation created and
organized under the laws of the State of Missouri, party of
the first part, and the Chicago and Alton Railroad Com¬
pany, a corporation created and organized under the laws*
of the State of Illinois, party of the second part: Witnesseth,.
that the said party of the first part, for and in considera¬
tion of the rents, covenants and agreements hereinafter
contained and set forth on the part and behalf of the said
party of the second part, its successors and ass'gns, to be
paid, kept and performed, and for the purpose of carrying-
out the covenants on its part to be performed, contained in
a certain agreement made between said parties, 011 the
fifth day of July, in the year one thousand eight hundred
and seventy, hath granted, demised and leased, and by
these presents doth grant, demise and lease unto the said
party of the second part, its successors and assigns, all and
singular that incomplete and unfinished railroad and branch,
together with the railroad track, right of way and depot
grounds acquired and to be acquired, engine houses, water-
tanks, and structures of every kind whatsoever, as the same
is now partially constructed and located, owned and occu¬
pied by said party of the first part, between the city of
Louisiana, in the State of Missouri, thence westwardly via
the towns of Mexico and Glasgow to Kansas City, in the
State of Missouri, with a branch from said town of Mexico-
to a point 011 the north hank of the Missouri river opposite
to Jefferson City, in the State of Missouri, together with
1 the steam ferry boats necessary to conduct the business of
330
said railroad and branch across the Mississippi and Missouri
rivers, to be acquired, as covenanted in said contract.
To IIave and to Hold the said above demised and leased
premises, together with all and singular the appurtenances
thereof, unto the said party of the second part, and its suc¬
cessors and assigns, from and after the first day of August,
in the year one thousand eight hundred and seventy, for the
term of one thousand years, fully to be completed and
•ended, upon the terms, and conditions, and covenants here¬
inafter contained and set forth, that is to say:
Article 1. The said parties hereto hereby mutually
•covenant, each with the other, that they, the said parties,
shall and will perform, fulfill and keep, the covenants, con¬
ditions and agreements contained 011 the part and behalf of
them respectively to be performed-, fulfilled and kept in the
contract heretofore entered into between said parties 011 the
fifth day of July, in the year one thousand eight hundred
and seventy, and that the said railroad and the branch
thereof, shall be constructed and finished within the times
limited and upon the terms contained in the contract afore¬
said.
Art. 2. And the said party of the first part hereby fur¬
ther covenants, to and with the said party of the second
part, its successors and assigns, that it, the said party of the
first part, will, at all times hereafter, maintain its corporate
organization and existence under the laws of the State of
Missouri; that it will not itself do, neither will it permit
or suffer to be done, any act or thing which will cause a
forfeiture of any of its corporate rights or franchises, and
that it, said party of the first part, will, at all times here¬
after, during the continuance of this lease, upon request of
said party of the second part for such purpose, exercise any
powers of condemnation or other corporate rights, or fran¬
chises which may be necessary to enable the said second
party to construct, maintain and successfully operate the
railroad and branch herein demised.
Art. 3. And the said party of the second part, hereby,
for itself, its successors and assigns, covenants and agrees,
331
to and witli said first party, its successors and assigns, that
it, the said party of the second part, will, within eighteen
months from the nineteenth of May, in the year one thou¬
sand eight hundred and seventy, construct or procure to be
constructed, and have ready for operation, a line of railroad
from some convenient point on the line of the St. Louis,
Jacksonville and Chicago Railroad, now leased and operated
by said party of the second part, to a point on the east bank
of the Mississippi river opposite to the city of Louisiana,
in the State of Missouri.
Art. 4. And the said party of the second part hereby
further covenants and agrees, to and with the said party of
the first part, its successors and assigns, that it, the said
party of the second part, shall and will accept and operate,
under the terms of this lease, that portion of said railroad
which lies between Louisiana and Mexico, so soon as the
same shall be ready for operation; and that thereafter it,
the said party of the second part, will accept and operate
sections of said railroad and branch, not less than twenty
miles in length, as the same shall be completed and ready
for operation, in connection with the division between
Louisiana and Mexico aforesaid ; and that it, the said party
of the second part, will, from time to time, as occasion may
require, furnish all necessary rolling stock for the mainte¬
nance and operation of said portions of said railroad so
accepted by it, said party of the second part as aforesaid,
and that it will maintain and keep in repair the same ; and
that upon the completion of said railroad and branch, it,
the said party of the second part, will equip, operate and
maintain the same, together with said ferry boats, so long
as the said boats shall be used, under the terms of this
lease. And the said party of the second part hereby cove¬
nants and agrees, that it, the said party of the second part,
will pay to the party of the first part, as an annual rental
for the use of said railroad and branch, and for said ferry
boats, so long as the same shall be in use, in half yearly
payments, a sum which shall be ascertained as follows, that
is to say: From the gross earnings of said railroad and
branch, and of said ferry boats, so long as the same shall
332
be used, shall first be deducted all taxes and assessments of
every description whatever, whether Federal, State, county
or municipal, and thirty-five per centum of the residue of
said gross earnings shall constitute the rental for that year:
Provided, and it is distinctly agreed and understood between
the parties hereto, that the said party of the second part
shall at all times pay the coupons due and unpaid on the
bonds of the party of the first part, issued, and the interest
on all guaranteed preferred stock into which said bonds
may have been converted, as provided in said contract of
July 5, 1870, and shall charge the amounts so paid to
account of the rental herein provided to he paid; and the
said party of the second part hereby further covenants and
guarantees, that the annual rental for each year shall in no
case be less than a minimum of one thousand three hun¬
dred and seventy dollars per mile of the main track of said
road and branch.
Art. 5. And it is hereby mutually covenanted and
agreed between the parties hereto, that the party of the
second part shall be under no obligation to pay the rent
hereinbefore provided to be paid, until the said railroad
between the point on its Jacksonville division and the Mis¬
sissippi river, opposite Louisiana, shall be finished and
ready for operation as hereinbefore provided, but the said
rent shall commence not later than eighteen months from
May 19, 1870, in all events; but it is also mutually cove¬
nanted and agreed, that the said party of the second part
shall operate that portion of said railroad commencing at
Louisiana as fast as the same shall be completed, in con¬
tinuous sections of not less than twenty miles each; and
said party of the second part shall pay the interest on the
bonds of the party of the first part, issued and outstanding
for the work done; and the net earnings of any portion of
said railroad so operated before the completion of the line
of railroad in Illinois aforesaid, shall be, by said second
party, applied on account of the interest on said bonds so
paid by said party of the second part, as last aforesaid ; and
in case said net earnings shall be insufficient to pay the
whole of the interest on said bonds so paid, the deficiency
333
shall stand as a debt due from the party of the first part to
the party of the second part, and shall he charged to the
account of the rental hereinbefore agreed to be paid by the
party of the second part to the party of the first part. And
it is further mutually understood and agreed, that so soon
as the said line of railroad in Illinois shall be completed
and ready for operation, the said party of the second part
shall and will accept and operate, under the terms and pro¬
visions of this lease, so much of the said railroad of the
party of the first part, being not less than twenty miles in
length, as shall and may be at that time finished and ready
for operation, in a continuous line from Louisiana west¬
ward; and said party of the second part shall continue to
accept, equip and operate, as aforesaid, the said railroad and
branch as the same may be finished in continuous sections
of not less than twenty miles each.
Art. 6. And it is mutually understood and agreed
between the parties hereto, that if at any time hereafter it
shall be deemed by the said party of the second part, for
the interest of both parties, that cither or both of said fer¬
ries over the Mississippi or Missouri rivers should be dis¬
continued, and a bridge or bridges substituted therefor,
then, and in such case, the said party of the second part
shall no longer be bound to maintain and continue the
operation of said ferry or ferries, nor to account for the
proceeds which might be earned by their operation and
management; but the said party of the second part, in such
case, shall have the right to enter into a contract with any
person or corporation for the construction of a bridge or
bridges over either or both of said r.vers, and the earnings
or tolls of said bridge or bridges so constructed, shall not
be taken as part of the gross earnings of said railroad in
determining the rental to be paid by the said party of the
second part under this lease; and in such case the ferry
boat or ferry boats no longer needed for the operation and
maintenance of said railroad, sha'l be sold, and the proceeds
applied in such manner as may be agreed upon between the
parties hereto.
334
Art. 7. And it is hereby further mutually agreed and
understood, that if, at any time hereafter, it shall be deemed
by both parties hereto, for their mutual interest, to build a
branch or branches of said railroad other than the branch
herein provided to be built, then and in such case, a branch
or branches shall be constructed and built under the terms
of the contract entered into on the fifth day of July afore¬
said, as fully as though they had been specifically provided
for therein, at the-time of making the same, and all branches
so built shall be maintained, equipped and operated by said
party of the second part, under the terms and provisions
of this lease, as fully as if the same were specified and
included therein.
Art. 8. And the said party of the second part hereby
further covenants and agrees, to and with the said party of
the first part, that it, the said party of the second part, will
keep an accurate and just account of the gross receipts of
the railroad and branch hereinbefore demised, and that it,
the said party of the second part, will at all times, at the
end of each and every month, during the continuance of
this lease, or within twenty days thereafter, make up and
exhibit to the proper officers of the said party of the first
part, a true and correct statement of the gross earnings of
said railroad and branch for that month. And the said
party of the second part hereby further agrees, that for the
purpose of verifying the accounts of the gross earnings,
herein provided to be rendered by said party of, the second
part, the said party of the first part shall, at all proper
times hereafter, by its president or any person appointed
by him for that purpose, have access to the books of
account and vouchers of the said party of the second part,
and that the officers of said party of the second part
shall and will, at all times hereafter, give to the said party
of the first part, its proper agents and officers, all needful
information in respect thereto.
Art. 9. And the said party of the second part further
covenants and agrees, to and with said first party, that it,
the said second party, shall and will, at all times hereafter,
pay off and discharge all taxes and assessments of every
335
kind and nature whatsoever, whether Federal, State, countyr
or municipal, which are, or may be hereafter, assessed
against the premises hereinbefore demised, and all taxes
assessed under the internal revenue laws of the United
States, at the times when the said taxes shall he due and
payable, which said taxes shall be deducted from the gross
earnings before computing the annual rental to be paid as
hereinbefore provided ; and that it, the said party of the
second part, will, at all times hereafter, guarantee and
indemnify the said party of the first part against all claims
for damage growing out of the operation of the line of
railroad herein demised; and that it, the said party of the
second part, will pay off and satisfy all damages which may
be assessed against either of the parties hereto, growing
out of the operation of said line of railroad, whether the
same be founded 011 claims for non-performance of duty as
common carriers of passengers or freight, injuries to cattle
or other animals along the line of said demised railroad,
losses arising from fires communicated along said line of
railroad, from the locomotive engines used thereon, or from
any other cause occurring hereafter, through the negligence
or dereliction of duty of the party of the second part in
the conduct of the business and trafiic of said line of
railroad.
Art. 10. And the said party of the first part hereby
further covenants and agrees, to and with the said party of
the second part, that it, the said party of the first part will,
as soon as the same can be done, perfect the title to the
right of way of the railroad herein demised, and that it,
the said first party, will from time to time hereafter, as
occasion shall require, make all payments necessary to be
made 011 account of right of way, or depot grounds, now
held by it, said first party, and which may be still unpaid,
and due to any person or persons whomsoever, and that
the maps, plans, profiles, deeds and other muniments of
title, and all contracts in reference to the title of lands
owned or occupied by the first party, for railroad purposes,
shall be delivered to said party of the second part, as soon
hereafter as may be practicable.
336
Art. 11. And it is mutually understood and agreed, that
this lease is subject to the mortgage executed of even date
herewith, by said first party, to secure its bonds and guar¬
anteed preferred stock. And the party of the first part
hereby covenants and agrees, to and with the said second
party, that it, the said party of the first part, is well and truly
seized of the premises herein and hereby demised, and that
it has full power to convey and lease the same according to
the true intent and meaning of these presents, and the
same in the quiet and peaceable possession and enjoyment
of said party of the second part, shall and will warrant,
and by these presents, during the term herein demised,
defend, subject to the mortgage aforesaid.
Art. 12. And said party of the first part hereby further
covenants, to and with said second party, that it, the said
first party, will, at any time hereafter, give and make such
other and further conveyances and assurances as may be
necessary and proper to carry into full effect all the objects
and purposes of this indenture.
Art. 13. And it is further covenanted and agreed,
between the parties hereto, that if the party of the second
part shall, at any time hereafter, lose its corporate powers
by forfeiture of its charter, or if it shall, at any time, or in
any manner, be divested of the title or control of its corpo¬
rate property and interests, or if said second party shall fail
for the space of sixty days after the same shall be due, to
pay the rental hereinbefore specified and provided to be
paid, or if it, said second party, shall neglect or omit the
performance of any one or more of the covenants herein
contained, on its part to be performed, materially affecting
or jeopardizing the rights or interests of the parties of the
first part, and if it, said second party, shall continue, and
be guilty of such neglect or omission, for the term of sixty
days after the service of written notice, specifying the par¬
ticular covenant or covenants, in respect to which a breach
shall be complained of by said first party, the said first
party may, at its option, declare this indenture terminated,
and may take such means of redress, or for the recovery of
337
the possession of the demised premises, in any court of
record, having equitable jurisdiction, as it may be advised,
and which shall be agreeable to equity and justice; and it
is hereby stipulated, at the special request of said second
party, that it, the said second party, shall have, in any suit
or proceeding which may be instituted in any court under
these provisions, full right to deny the violation or breach
of covenant, the breach of which is complained of, and
such issue shall, in all cases, be submitted to the court for
its decision.
Art. 14. And it is mutually agreed, between the parties
hereto, that if, at any time hereafter, any disagreement shall
arise between the parties hereto, as to the proper construc¬
tion of any of the articles of this agreement, and which
said disagreement cannot be adjusted and settled between
the respective officers of the two corporations, parties hereto,
or in case any difference should hereafter exist between the
parties hereto, as to the fulfillment or non-fulfillment of any
of the agreements and covenants herein contained, or in
regard to any other matter or thing connected with the
occupation or operation by the party of the second part, of
the railroad hereby demised, then, and in every such case,
the question or questions so arising shall be submitted to
the arbitration of two disinterested persons, skilled in the
business of conducting and managing railroads, one of
whom shall be chosen by each of the parties hereto, and
the arbitrators so chosen shall have authority and power to
make a final decision and adjustment of such questions of
difference or disagreement between the parties hereto ; aiid
their award, when so made, shall be final and conclusive
between the parties hereto, of the matters and things by
them so determined.
Art. 15. And it is further mutually agreed, between the
parties hereto, that in case the arbitrators, so chosen as
aforesaid, shall fail to agree upon the adjustment of the
question or questions so submitted to them, as aforesaid,
then, and in such case, the two arbitrators so selected, as
aforesaid, shall choose an umpire, who shall be a disinter-
24
338
ested person, skilled in the conduct of railroads, and the
award of the umpire so chosen, when made, shall be final
and conclusive as to the questions decided by him.
Art. 16. And it is further agreed between the parties
hereto, that in case either of the parties hereto shall fail to
nominate and appoint an arbitrator, in accordance with the
foregoing articles of this agreement, for the space of ten
days, after notification in writing from the. other party, of
the breach of covenant or disagreement complained of, and
requisition upon it to appoint an arbitrator in accordance
with the provisions of this agreement, then, and in that
case, it shall be lawful for the party seeking the arbitration
to apply to the judge of the United States District Court,
for the time being, of the Eastern District of the State of
Missouri, and the said judge of the United States District
Court aforesaid, upon such application, shall and may
appoint an arbitrator on the part and behalf of the party
so failing or refusing to appoint, as aforesaid, and the arbi¬
trator so appointed by the district judge, as aforesaid, and
the arbitrator so nominated by'the party making such
application, shall have power to finally determine all ques¬
tions of controversy arising between the parties hereto,
under the terms and provisions of this lease, and the award
of said aibitrators, when so made, shall be final and con¬
clusive between the parties hereto, touching the matters
decided thereby.
Art. 17. And it is hereby mutually agreed, between the
parties hereto, that if the said arbitrators so appointed by
the parties aforesaid, or by the judge of the United States
District Court aforesaid, shall fail to select an umpire, as
herein provided, in case of a disagreement between such
arbitrators, either of the parties hereto shall and may be at
liberty and have the right to apply to the judge of the
Said United States District Court, for the time being, to
appoint an umpire, and such judge shall thereupon be
authorized to and may appoint such umpire, and the umpire
so appointed by him shall have the same power to make,
and his award^ touching all matters of controversy betwTeen
339
the said parties shall be as final and conclusive of the ques¬
tions disposed of thereby, to all intents and purposes, as if
he, the said umpire, had been appointed in the manner
herein provided, by the arbitrators chosen by the parties
hereto.
In Witness whereof, the parties aforesaid
have caused these presents to be sealed with
their respective corporate seals, and to be
signed by their respective presidents and
secretaries, on this first day of August, in
the year of our Lord one thousand eight
i seal } hundred and seventy, revenue stamps of
the United States, of the value of nine
hundred and six dollars and fifty cents
having been first affixed thereto before
signing the same.
(Signed)
THE LOUISIANA AND MISSOURI
RIVER RAILROAD COMPANY,
By Henry V. P. Block, President.
Attest:
(Signed) W. F. Colton, Secretary.
(Signed)
THE CHICAGO AND ALTON RAIL¬
ROAD COMPANY,
By T, B. Blackstone, President.
{ seal y Attest:
Signed) W. M. Larrabee, Secretary..
340
STATE OF MISSOURI, 1
Pike County. j
Be it Known, tliat on this day of
, A. 1). 1870, before me, the undersigned,
Notary Public in and for said county and State, appeared
Henry V. P. Block and W. F. Col ton, both to me personally
known, the first as president, the second as secretary of
the Louisiana and Missouri River Railroad Company, at
the date of the execution of the above instrument, and to
me known to be the real persons who executed the fore¬
going instrument, in their several capacities of president
and secretary, as aforesaid; and each of them, severally
and for himself alone, acknowledged that he had executed
and delivered said instrument, freely and voluntarily, for
the uses and purposes therein expressed; and the said
William F. Colton having been by me duly sworn, did
depose and say, that the seal attached to said instrument is
the corporate seal of the Louisiana and Missouri River
Railroad Company, and that he, the said William F. Colton,
was secretary of said company at the time of the execution
of the foregoing instrument, and that he affixed said seal
to said instrument by authority of said company, for such
purpose, and that said instrument was executed and deliv¬
ered as the free and voluntary act and deed of the said
company, for the purposes in the said instrument expressed,
which said acknowledgment and deposition are to me satis¬
factory evidence of the due execution and delivery of said
instrument.
Witness my hand and notarial seal the day and year
aforesaid.
Notary Public.
/
341
STATE OF ILLINOIS, 1
Cook County, City of Chicago./
Be it known, that on this . day
of , A. D. 1870, appeared before me, the
undersigned, a Notary Public, in and for said county, city,
and State, Timothy B. Blackstone and William M. Larrabee,
both to me personally known, the first as president, and
the latter as secretary, of the Chicago and Alton Railroad
Company, at the date of the execution of the foregoing
instrument, and to me known as the real persons who exe¬
cuted the said instrument in their several capacities of
president and secretary of the company aforesaid, and
each of them severally and for himself alone, acknowledged
that he had executed and delivered said instrument freely
and voluntarily for the uses and purposes therein expressed;
and the said William M. Larrabee, having been by me duly
sworn, did depose and say, that the seal attached to said
instrument is the corporate seal of the said Chicago and
Alton Railroad Company, and that he, the said William M.
Larrabee, was secretary of said company at the time of
the execution of said instrument, and that he affixed said
seal to said instrument by authority of said company for
such purpose, and that said instrument was executed and
delivered as the free and voluntary act and deed of said
company, for the uses and purposes in said instrument
expressed, which said acknowledgment and deposition are
to me satisfactory evidence of the due execution and
delivery of said instrument.
Witness my hand and notarial seal the day and year
aforesaid.
Notary Public.
342
AN ACT to amend ah act entitled "An act to amend an
act to incorporate the Louisiana and Missouri Liver
Railroad Companyapproved March 24, 1868, and to
consolidate the various acts relating to said company.
Section 1. Be it enacted by the General Assembly of the
State of Missouri, as follows: A Company is herebj incor¬
porated called the Louisiana and Missouri River Railroad
Company, the capital stock of which shall be ten millions
of dollars, to be divided into shares of one hundred dollars
each, the holders of which, their successors and assigns,
shall constitute a body politic and corporate, and by that
name shall have continued succession, may sue and be sued,
plead and be impleaded, in all the courts of this State, may
make and use a common seal, and change or alter the same
at pleasure; shall be able, in law and equity, to make con¬
tracts ; may take, hold, possess and enjoy the fee simple or
other title in and to any real estate, and may sell, convey
or mortgage the same, and may make by-laws and regula¬
tions not repugnant to the laws or Constitution of the
United States, or of -this State, and shall have and exercise
all of the powers that maybe necessary and proper to carry
into effect the purposes of this act.
Sec. 2. .Edwin Draper, John B. Henderson, James 0.
Broadhead, Joseph Irvine, Aaron McPike, William L.
Gatewood, Thomas T. C. Fagg, Simeon rf. Robinson, Silas
W. Farber, William C. Hardin, Robert Allison, and Hiram
Womack, of Pike county; Mortimer Mellhaney, John C.
Clark, Horman Lackland, Preston B. Reed, Robert W. Sin¬
clair, and Armstead Botts, of the county of Audrain;
Samuel Crutcher, Josiali Whiteside, Benjamin Sharp, and
William R. Harris, of the county of Montgomery, or any
nine of them, shall constitute the first Board of Directors
under this act, and shall hold their offices until their suc¬
cessors shall be qualified. They shall, within ten years
after the passage of this act, meet at such time and place
343
as shall be designated by any three of them, and organize
as a board of directors, and when organized they shall
cause books to be opened .for the subscription of the capital
stock of said company, at such time and place as they shall
designate, under the supervision of such persons as they
may appoint; may continue such books opened, as they
may deem proper, and at any time reopen the same, when
necessary, until the whole amount of stock shall be sub¬
scribed.
Sec. 3. So soon as fifteen hundred shares shall be sub¬
scribed, the directors shall cause an election to be held for
nine directors, at such time and place as they may appoint,
and give notice of the same in two or more public news¬
papers.
Sec. 4. The stockholders of said company shall meet on
the first Monday in May, in each year, at such place as
may he designated by the by-laws of said company, of
which at least twenty days' previous notice shall be given,
in two or more newspapers published in this State, and
choose by ballot, by a majority of the voters present, to be
given in person or by proxy, in the manner provided for in
the by-laws, thirteen directors, owners of stock in the com¬
pany, a majority of whom shall be citizens of the State of
Missouri; the said directors and those hereafter to be
chosen in pursuance of the provisions of this act, at their
first meeting, shall choose by ballot one from their number
as president, and one as vice president, and said officers
and directors shall direct the affairs of said company, and
hold their offices for the term of one year, and until their
successors are elected and qualified.
Sec. 5. Meetings of the stockholders of said company
shall be held at such time and place as the by-laws may
prescribe, and the board of directors may, in its discretion,
call a meeting of the stockholders at any time or place to
be designated in the order, for that purpose, by giving the
notice required by the by-laws. The president, at the
request in writing of any number of the stockholders rep¬
resenting not less than one-seventh in number and interest,
344
shall cause a special meeting to be held, upon giving the
like notice of the time, place and objects of the meeting,
Such objects, and no others, shall be acted upon at such
meeting, and no business shall be transacted at such meet¬
ing, unless a majority of all the stockholders be there rep¬
resented, but the meeting may adjourn from day to day,
until such majority be represented.
Sec. 6. The election for directors shall be conducted in
the following manner: The directors for the time being
shall appoint three stockholders, being neither directors nor
candidates, who shall take and subscribe an oath or affirma¬
tion before some officer authorized to administer oaths for
general purposes, well and truly according to law, to con¬
duct said election to the best of their knowledge and
ability. The judges so chosen and qualified, shall decide
upon the qualifications of the voters, and when the election
is closed, count the votes and declare who has been elected.
In case no election shall be held at the time specified, the
corporation shall not by that reason be dissolved, but it
shall be lawful to hold an election for directors any day
thereafter, by giving at least ten days' previous notice of
the time and place of holding said election, in the news¬
papers aforesaid. In case of the death, resignation, or dis¬
qualification from any other cause, of a director, the
vacancy thus occasioned shall be filled by the board at its
first regular meeting thereafter, or upon a failure to meet
at such time, as soon thereafter as the board can be called
together for that purpose. At all general meetings or elec¬
tions by the stockholders, each share of stock shall entitle
the holder thereof to one vote, and each ballot shall have
endorsed thereon the number of shares and kind of stock
thereby represented, but no person or party (females, sick
persons, and non-residents or absentees of the county when
the election is held, excepted), residing within ten miles of
the place of general meeting, or such as may be selected
for the holding of an election, shall be entitled to vote by
proxy, nor shall any proxy be received, or entitle the holder
thereof to vote, unless the same be duly dated and executed
within twelve months next preceding such election or gene-
345
ral meeting, and every such proxy received and voted
upon, as aforesaid, shall he retained and filed amongst the
papers of the company, until after the next annual meeting*
or election, subject to the inspection or examination of any
stockholder who may desire it.
Sec. 7. The company shall have power by themselves or
agents, to enter upon and take from any land in the neigh-
borhood of the line of their railroad, earth, gravel, stone,,
wood, water, or other material necessary for the construc¬
tion or operation of said road, and for the purpose of pro¬
curing water for their use, may lay pipes, erect pumpsr
dams and reservoirs, if the owner of said land and the
company shall agree upon the damages thereby occasioned
to the said lands and appurtenances, or if they cannot agree,,
the damages shall be ascertained by three disinterested
householders, who, being appointed for that purpose by
any justice of the peace, thereto required by either of the
parties, shall be sworn faithfully to perform the duties
enjoined upon them, and shall then ascertain upon their
own view of the ground, and the material so taken, the
amount of compensation to be awarded for the injury done
to such owner: Provided, however, that in all cases it shall
be shown to the satisfaction of the justice that ten days*
previous notice of such application, and the time and place
of making the same has been given to the other party.
Either party not satisfied with such award may appeal te
the circuit court of the county in which said lands may
lie, which may, at its discretion, confirm the same and
enter it of record, or as often as it may be deemed neces¬
sary, may supercede the viewers, or any of them, appoint
others in their stead, and direct another view and award to
be made in the manner aforesaid. If any justice of the
peace, or freeholder, shall neglect or refuse to perform the
duties herein enjoined upon him, without a reasonable
excuse therefor, he shall forfeit and pay to the party mak¬
ing such application, the sum of twenty-five dollars, to be
recovered by civil action before any justice of peace of the
CQunty in which he is a resident, and such recovery shall
be no bar to an action by the party aggrieved before any
34b
court of competent jurisdiction for the amount of damages
sustained thereby.
Sec. 8. The capital stock, together with all machines,
wagons, cars, engines, or carriages belonging to the com¬
pany, as well as all their works and other property, and all
profits which shall arise from the same, shall be vested in
the respective shareholders of the company forever, in pro¬
portion to their respective shares, and the same shall be
deemed personal estate.
Sec. 9. When payments for the stock of any subscriber
shall be fully made, the board of directors shall cause one
or more certificates of such stock, signed by the president
and countersigned by the secretary, under the seal of the
company, to be delivered to the party entitled thereto, or
in case of his or her death, then to the personal representa¬
tive of such deceased person, which certificates shall be
transferable upon the books of the company only, and in
such manner, and upon such conditions, as the board of
directors may by by-laws prescribe; all assignment of shares
partially paid in, shall be entered upon the books,of the
company; but such assignment shall in nowise exempt the
assignor or his representatives from liability for the pay¬
ment of any sum remaining unpaid upon the stock so
assigned, if the assignee, or his representatives, shall fail
or refuse to pay the same.
Sec. 10. Dividends of so much of the profits of said
company, as shall appear advisable to the board of direct¬
ors, shall be declared semi-annually, and be paid to the
stockholders, or their representatives, on application at the
office of said company, at any time after the expiration of
ten days from the time of declaring the same ; but the divi¬
dends shall, in no case, exceed the actual amount of net
profits of said company, so that the capital stock shall
never be impaired thereby; and if the said board shall
make any dividends which shall impair the capital stock of
said company, the directors consenting thereto shall be
liable, in their individual capacities, to the company, for
the amount of capital stock so divided, and each director
347
present, when sucli dividend shall be declared, shall be con¬
sidered as consenting thereto,.unless he immediately enter
his protest on the minutes of the board, and give public
notice, to the stockholders of the declaring of such divi¬
dends. Nothing contained in this section shall be so con¬
strued as to take away from the board of directors the
power to reserve and set apart such portion of the profits
as they may deem necessary, as a contingent fund, to meet
any losses or expenses that may be incurred in operating
the road.
Sec. 11. So soon as the board of directors shall be
chosen and organized, as hereinbefore directed, it shall, in
addition to the election of a president and vice-president,
proceed to choose, by ballot, a. secretary and a treasurer,
neither of whom shall be a member of said board, and who
shall, before entering upon the duties of their said offices,
execute respectively, a good and sufficient bond, conditioned
for the faithful discharge of the duties imposed upon them
by this act, or by any order or requirement of the said
board. Said bonds shall be payable to the order of said
company, by its corporate name, and the amount of the
penalty, as well as the number and character of the secu¬
rities to each, shall, in every case, be fixed and determined
by the board. The said officers shall hold their respective
offices for the term of twelve months (unless sooner
removed by the board for cause), and until their successors
are duly chosen and qualified.
t
Sec. 12. The chief place of business, or general office
of said company in the State of Missouri, shall be in the
city of Louisiana, in Pike county. The board of directors
may from time to time, appoint such agents, clerks, engi¬
neers, superintendents and other officers, servants and
employes, of the said company, as the business and interests
of the company may be deemed to require ; shall cause a
correct journal of its proceedings, as well as correct books
and accounts of all its transactions to be kept, which shall,
at all times, be open to the inspection of any stockholder.
It shall determine by its by-laws what number, not less
848
than a majority of the whole, shall constitute a quorum for
business; may appoint committees, and fill all vacan¬
cies in any office under said company; shall fix the
amount of salaries to be paid to each of the officers, agents,
or others, herein authorized to be appointed; take such
security for the discharge of their duties as it may direct;
and in general, adopt all such measures and acts as will be
best calculated to promote the prosperity and interest of
said company.
Sec. 13. The board shall make and advertise calls for
the payment of capital stock at such times and in such
manner as it may deem proper, and if any stockholder
shall fail to pay such requisition within ten days after the
time appointed, the same may be recovered with interest,
and, if not collected, his stock may be declared forfeited
and sold. No delinquent stockholder shall vote at any
election held by said company.
Sec. 14. Said board may take voluntary relinquishments
of the right of way for said road, as well as conveyances,
in fee simple, of lands for the necessary road bed, depots,
not to exceed three hundred feet in width, warehouses,
engine houses, machine shops, water stations, stopping
stages and turn outs; and if such lands shall belong to
minors, in whole or in part, the guardian or curator, under
the directions and approval of the court having the proper
jurisdiction, may convey to the said company so much as
may be required for such purposes.
Sec. 15. If the owner of any tract of land, through
which said road shall pass, shall refuse to relinquish the
right of way to the company, or to make a voluntary con¬
veyance of the land necessary for the purposes mentioned
in the preceding section, or if such owner be an infant,
person of unsound mind, or non-resident of the State, the
facts of the case shall be specially stated to the circuit
court of the county in which said lands are situated, and
said court shall appoint three disinterested citizens of the
county to view said lands, who shall take into consideration
the value of the lands, and the advantages and disadvan-
349
tages of the road and its appurtenances to the same, and
as soon as may be report under oath what damages, if any,
are done to the same, or any improvements thereon, stating
the amount of damages assessed, and shall return a plat of
the lands thus condemned. Notice of such application
shall he given to the owner of the land, or if he be a minor,
then to his guardian, at least live days previous thereto, if
such owner he a resident of this State. If a non-resident,
by the service of actual notice, or publication in some news¬
paper printed in this State, for four successive weeks prior
to the time of making the same.
Sec. 16. If no valid objection be made to the report of the
viewers, as provided for in the preceding section, the court
shall, within three days after the tiling of the same, if the term
shall continue so long, if not, then before the end of such
term, enter up a judgment in favor of the owner of such
lands, and against the company for the amount of damages
assessed; and an order shall also be made vesting in said
.company the title of the land in such plat and report des¬
cribed. The court, for any sufficient cause appearing, may
set aside the said report and appoint three other persons of
like qualifications, who shall proceed in the same manner
and make their report, until a report is confirmed: Pro¬
vided, that in order that the work of construction of said
road may not be impeded, after said viewers have made
and filed their report and plat, as aforesaid, the company,
after having made a tender of the amount of damages to
the person entitled thereto, or made a deposit of the sum
with the clerk of the court, in which the case is pending,
shall be authorized to proceed in the construction of the
work as fully as though no disagreement had arisen in ref¬
erence thereto. In all such cases the costs shall be adjudged
according to the equity between the parties, and the court
shall have power to make such orders, and to take such
other steps as will promote the ends of justice between the
owners of such lands and the company.
Sec. 17. The said company may construct their said
road or any branch herein authorized, on or across any
350
stream of water not navigable, water course, road or high¬
way, railroad or canal, street, levee or alloy, in any city or
town, which the route of its said road, or any branch
thereof, shall intersect, but the company shall restore the
stream or water course, road or highway, railroad or canal,
street, levee or alley, thus intersected, to its former state, as
near as may be, or in a sufficient manner not to have
materially impaired its usefulness. Whenever the route
of such road, or its branches, shall intersect any road or
highway, railroad, street, levee or alley, the said company
shall have power to change the line or grade of the same,
if such change be desirable, and shall not impair their use¬
fulness; and said company may take such additional lands
or real estate, for the construction of such road, highway,
railroad, street, levee or alley, or watercourse, as may be
deemed requisite by said company, unless the lands so
taken shall be voluntarily given by the owners thereof;
compensation therefor, shall be ascertained in the manner
herein provided, for obtaining materials for the construction
of said road. That the right of way and real estate
purchased for the right of way by said company, whether
obtained by mutual agreement or otherwise, or which shall
become the property of the company by operation of law,
as in this act provided, shall, upon the payment of the
amount of money, belonging to the owner or owners of
said land, as compensation for the same, become the prop¬
erty of said company in fee simple.
Sec. 18. The company hereby incorporated shall com¬
mence the construction of said road within ten years after
the passage of this act, and shall complete the same within
twenty years thereafter, and shall have power to use, man¬
age, control and enjoy the same; shall determine the
manner, terms, and conditions on which merchandise, pas¬
sengers, and property shall be transported, and shall con¬
struct and keep such turnouts, gates, bridges, culverts,
houses, depots, warehouses and other buildings, machinery
and fixtures, as may be necessary to the completion and
operation of the road. The said corporation may take and
transfer upon said railroad any person or persons, merchan-
351
dise or other property, by the force and power of steam or
animals, or any combination of them, and the directors are
hereby authorized and empowered to make all necessary
rules, by-laws, regulations and ordinances, that they may
deem necessary and expedient, to accomplish the designs
and purposes, and to carry into effect the provisions of this
act, and for the transfer and assignment of its stock, which
is hereby declared personal property, and transferable in
such manner as shall be provided for by the by-laws and
ordinances of said corporation.
Sec. 19. At every annual meeting of the company, the
board shall make to the stockholders a full exhibit of the
affairs and condition of the said corporation.
Sec. 20. It shall be lawful for the county court of any
county in which any part of the line of said railroad may
be located, to subscribe to the stock of said company, and
issue the bonds of the county to raise funds to pay the
stock thus subscribed, said bonds to bear interest not
exceeding ten per centum, payable semi-annually, and to
take proper steps to protect the interest and credit of the
county; such county may appoint an agent who shall be
duly authorized to cast the vote of the county at all elec¬
tions held by said company, receive its dividends, and in
general to represent its interest in all matters relating to
the said road. Any city, town, or incorporated company
may subscribe to the capital stock of said railroad company,
and appoint an agent with the same power and authority
herein given to county agents, and may take all proper
steps-to guard and protect the interests of said city, town
or incorporation.
Sec. 21. The said company shall have power to make
out, locate and construct a railroad from the city of
Louisiana, in Pike county, by the way of, or near, the
town of Bowling Green in said county, and thence to such
point on either the north or south bank of the Missouri
river, as may be selected by the board of directors, the said
road to be located between the points thus indicated, on a
line the most suitable and advantageous as regards distance,
352
grade, cost of road, and permanent value of the same.
This act shall be so construed as to authorize the location
of the line of said road across the Missouri river at any
point that may seem most suitable for that purpose, and
that may best subserve the interests of the company.
Sec. 22. It shall be lawful for the same company to
mark out, locate and construct a branch of its said road,
commencing at a point on the line thereof, to be selected
by the board, not further east than the town of Bowling
Green, in Pike county, and running hence by the most
practicable and advantageous route, to any point 011 the
Missouri river, between the town of St. Aubert, in Osage
county, and the city of Boonville, in Cooper county. Said
branch road shall be known and designated as the South
Branch of the Louisiana and Missouri Iiiver Railroad, and
all subscriptions to the capital stock of said company
intended to be used in the construction of said branch shall
be made in separate books, opened under the direction of
the board, at such places as may be selected .for that pur¬
pose. Such subscriptions shall specifically designate the
objects for which they are made, and no part of the funds
paid thereon shall be used in the construction of the main
line of said road, but shall be faithfully applied to the
building of such branch, and the said company, by the
votes of a majority of all the members of the board of
directors, shall have power to mark out, locate and con¬
struct, such other branch roads as it may deem necessary,
subject to the provisions of this section, so far as they are
not exclusively applicable to the South Branch of said
railroad.
Sec. 23. All of the powers and privileges herein con-
, ferred upon the board of directors, in connection with the
main line of said road, shall likewise be exercised and
enjoyed fully in the construction of the branch road herein
provided for, and the same shall be constructed, operated
and managed, in all respects in the same manner.
Sec. 24. When any person shall cease to be a stock¬
holder, he shall cease to be a member of this company.
853
• Sec. 25. The operations of said company shall be con¬
fined to the general business of locating, constructing and
using said roads, and the acts neccessary to carry the same
into complete and successful operation.
Sec. 26. Said company shall have power to receive and
hold lands, gifts, grants, and donations of lands, money or
bonds, in any quantity from this State or the United States,
from any county, city, town, or other corporation, or from
individuals, and may sell, convey, pledge, or otherwise
dispose, of the same, or any part thereof, and apply the
proceeds to the construction of said road, or its branches,
according to the object designated by such law, gift, grant
or donation.
Sec. 27. If any passenger shall refuse to pay his fare,
it shall be lawful for the conductor of the train, and other
servants of the corporation, to put' him out of the cars at
any usual stopping place the conductor may select.
Sec. 28. In forming a passenger train, luggage, freight,
merchandise or other cars, shall not be placed in the rear
of passenger cars, and if they, or any of them, shall be so
placed, and any accident shall happen to life or limb, the
officer or agent who so directed, or knowingly suffered
such arrangements, and the conductor or engineer of the
trains, shall each and all be held guilty of intentionally
causing the injury, and shall be punished accordingly.
Sec. 29. A steam whistle shall be placed on each loco¬
motive engine, and be sounded at the distance of at least
eighty rods from the place where the railroad shall cross
any road or street, and be kept sounding until it shall have
crossed, and the said company shall be liable for all dam¬
ages which shall be sustained by any person by reason of
neglect thereof.
Sec. 30.x If any person, while in charge of a locomotive
engine running upon the railroad of said company, or
while acting1 as a conductor of a car or train on said rail-
road, be intoxicated, he shall be deemed guilty of a misde¬
meanor.
25
354
Sec. 31. If any person shall wilfully do or cause to be
done any actor acts whatever, whereby any building, con¬
struction or work of said company, or any engine, machine,
or structure, or anything appertaining to the same, shall be
stopped, obstructed, impaired, weakened, injured or des¬
troyed, the person or persons so offending shall he deemed
guilty of a misdemeanor, and shall forfeit and pay to the
said company treble the amount of damages sustained by
means of such offence.
Sec. 32. If any person shall wilfully or maliciously
place any obstruction upon the line of said railroad, whereby
the lives of passengers thereon shall be endangered, such
person or persons so offending shall be deemed guilty of a
misdemeanor, and shall be punished by imprisonment in
the county jail, not less than three months, or in the peni¬
tentiary for a term not more than five years: Provided,
that nothing herein contained shall prevent the company
from pursuing any other proper civil remedy at law in such
cases.
Sec. 33. This act and the company hereby incorporated
are exempt from the seventh, thirteenth, fifteenth, sixteenth,
seventeenth, eighteenth and nineteenth sections of the first
article of the act concerning corporations, approved Nov¬
ember 23, 1855.
Sec. 34. The certificate of the secretary of the said com¬
pany, duly made and authenticated by the corporate seal
thereof, shall be received in all courts of justice and else¬
where, as evidence of the regular organization of said
company.
Sec. 35. All the acts and proceedings of the corporators
named in the act to which this is an amendment, or any of
them, in obtaining subscriptions to the capital stock of said
company or otherwise, are hereby declared to be as good
and valid as if all the requirements of said act had been
strictly complied with.
Sec. 36. In all proceedings had or hereafter to be had
for obtaining the necessary materials for the construction,
355
maintenance and use of said railroad and its branches, or
for the condemnation of real estate for anv of the uses and
purposes contemplated by this act, other than the right of
way. for the same, hereinbefore provided for, after an assess¬
ment or non-assessment of damages in the premises in the
manner herein directed, and any appeal taken or other pro¬
ceedings instituted for the purpose of a further trial of the
matters in issue, between the owners of such real estate and
the said company, it shall be lawful for the said company,
upon giving bond in a sufficient, amount and with security to
be approved by the circuit court (or the clerk thereof in
vacation), of the proper county, conditioned for the pay¬
ment of all costs and damages that may thereafter be
O «v
legally taxed and assessed in the premises against said com¬
pany, to proceed at once and without further delay, with
the execution of any work in and about said premises that
may be deemed necessary.
Sec. 37. Said company is hereby authorized, from time
to time, to borrow such sum or sums of money, 011 the
credit of the company, as may be necessary for completing,
furnishing or operating their said road or the branches
thereof, or for any other purpose connected therewith, at a
rate of interest not exceeding ten per centum per annum,
payable semi-annually or annually, and may execute bonds
therefor with interest coupons thereto annexed, and secure
the payment of the same by mortgage, or deed of trust, on
the whole or any part of said road or its branches, together
with all the property, franchises and income of said com¬
pany, then existing, or thereafter to be acquired ; and the
said company may, in their discretion, incorporate a condi¬
tion in the mortgage bonds or deeds of trust, and in the
certificates of preferred stock herein authorized to be
issued, by which the holder 01* holders of such stock or
bonds shall have the right to vote at all elections of direct¬
ors for said company, upon such conditions as may be
deemed expedient. The said bonds, and interest thereon,
may be made payable either within or without this State,
and if the payment of the moneys thereby secured, shall
be afterwards enforced by a sale of the property thus con-
356
veyed by mortgage or deed of trust, such sale shall convey
to the purchaser or purchasers the right to hold and exer¬
cise the said franchises as fully as the same right was pos¬
sessed by said company ; and in any case where the rolling
stock, equipments, or other personal property of said com¬
pany, or any part thereof, shall he included in any mort¬
gage or deed of trust, as aforesaid, said mortgage or deed
of trust shall he acknowledged by the said company in the
same manner, and recorded as provided by law, and the
same shall he as binding upon the said company, and have
the same force and effect, in all respects, as if real estate
alone was conveyed thereby, any laws of this State to the
contrary notwithstanding.
Sec. 38. The said company is hereby authorized to
negotiate and sell the bonds hereinbefore provided for, at
such times and in such places, either within or without, this
State, and at such rates and for such prices as in its opinion
may best advance the interest of the company, and if such
bonds are thus negotiated or sold at a discount below their
par value, such sale shall be as valid and binding on the
company, in ever}^ respect, as if they were sold or deposited
at their par value.
Sec. 39. Said company shall have the power to execute
mortgages or deeds of trust upon said road and branches,
together with all the property', franchises and income of the
said company, for the purpose of securing the payment of
the full amount of bonds so authorized to be issued, and
which may at the time of the execution of said mortgage
or deed of trust be sold and disposed of, or that may at
any time thereafter be sold and disposed of, and may exe¬
cute and sell, from time to time, such amounts of said
bonds, and of such dates and payable to such persons, as
the said company may deem advisable, till the whole
amount of bonds mentioned in such mortgage or deed of
trust is executed and sold; and the said mortgage or deed
of trust shall be as valid and effectual to secure the pay¬
ment of the bonds so executed and sold, and every part
thereof, as if the same, and every part thereof, had been
357
/
executed of even date with the said mortgage or deed of
trust.
Sec. 40. Said company is hereby authorized and empow¬
ered, in its discretion, to make and issue preferred stock in
said road and branches, guaranteeing such a rate of interest,
not exceeding eight per centum per annum, or with such
priority over the remaining stock of such company in the
payments of dividends as may be determined by the board
of directors of said company, and in general may make
such regulations and provisions in relation thereto as may
be deemed most effectual to secure to such stockholders
full protection and security in the preference so to be given
to said stock.
Sec. 41. The stockholders in said company are hereby
authorized at any annual meeting herein provided for, to
designate by resolution, duly entered of ,record among the
proceedings of said meeting, the number of directors of
which the board shall consist, not less than nine nor more
than fifteen, which said resolution may be altered or
changed only at any subsequent annual meeting.
Sec. 42. In case of the death, absence, or resignation of
the president of the said board, it shall be the duty of the
vice-president to fill said office and discharge all the duties
pertaining thereto. It shall be the duty of said board to
make provisions in its by-laws to fill any vacancy created
in the office of vice-president, in case of the death, removal
from the State, resignation, or succession of said officer to
the office of president: Provided, nevertheless, that said
officer so elected shall not hold his said office longer than the
period fixed for the annual election, and until his successor
is elected and qualified.
*
Sec. 43. It shall be lawful for said company, whenever the
interest of said road or its branches, may require it, to unite
or consolidate the same, for running purposes, operation or
business, with any railroad company, upon such terms as may
be mutually agreed upon by the respective parties, and to
contract with any such company for the running of trains
*25
358
over and use of tlieir road, depots, buildings, and all other
appurtenances connected therewith, and may in like man¬
ner, lease their said road, or any branch thereof, to any
such railroad company for a period of years, and execcte
good and sufficient transfers of the same, with all property,
machinery and appurtenances thereto belonging.
Sec. 44. All acts and parts of acts inconsistent with this
act, are hereby repealed.
Sec. 45. This act shall take effect and be in force from
and after sixty days from its passage; provided it shall,
within that time, be accepted by a vote of the directors
of .said company. \
Approved January 19, 1870.
INDEX.
Page.
An act to construct a railroad from Alton, in Madison County, to Spring¬
field, in Sangamon County.. 1
An act to amend the charter of the Alton and Sangamon Railroad Com¬
pany 8
An act entitled an act, to extend the Alton and Sangamon Railroad Com¬
pany, incorporated February 27, 1847 9
An act to provide for the construction of the Peoria and Pekin Branch of
the Alton and Sangamon Railroad 9
An act to change the name an ! further amend the charter of the Alton
and Sangamon Railroad Company 10
An act to increase the capital stock, and further amend the charter of the
Chicago and Mississippi Railroad Company 14
An act further to amend the charter of the Chicago and Mississippi Rail¬
road Company 14
An act to change the name and to amend the charter of the Chicago and
Mississippi Railroad Company; and to authorize said company and the
Belleville and Illinoistown Railroad Company, and the Terre Haute
and Alton Railroad Company, to make contracts and running arrange¬
ments with each other, or to lease or buy the road of the said Belle¬
ville and Illinoistown Railroad Company 16
An act to incorporate the St. Louis, Alton and Chicago Railroad Company 19
An act to incorporate the Chicago and Alton Railroad Company 21
An act to amend an act entitled " An act to incorporate the Chicago and
Alton Railroad Company," approved February 18, 1861 26
By-laws of the Chicago and Alton Railroad Company, adopted February
16, 1867 80
An act to construct a railroad from Joliet to Chicago 41
An act to amend an act, entitled " An act to construct a railroad from
Joliet to Chicago," approved February 16, 1855 47
Lease of the Joliet and Chicago Railroad Company to the Chicago and
Alton Railroad Company 49
An act to incorporate the Alton and St. Louis Railroad Company 59
Lease of the Alton and St. Louis to the Chicago and Alton Railroad, in
perpetuity 62
An act to construct a railroad from Jacksonville, in Morgan County, to
Alton, in Madison County 73
An act to amend the charter of the Jacksonville and Carrollton Railroad
Company 79
360
Page.
An act to amend an act entitled " An act to construct a Railroad from Jack¬
sonville, in Morgan County, to Alton, in Madison County," approved
February 15, 1854 81
An act to amend an act entitled " An act to construct a Railroad from Jack¬
sonville, in Morgan County, to Alton, in Madison County," approved
February 15, 1851 82
An act to amend an act entitled " An act to construct a railroad from Jack¬
sonville, in Morgan County, to Alton, in Madison County," approved
February 15, 1851, and other acts amendatory thereto 85
An act surrendering title and interest of State in the track of a certain rail¬
road, to certain persons for railroad purposes, therein named 98
An act to amend an act entitled " An act to construct a railroad from Jack¬
sonville, in Morgan County, to Alton, in Madison County," approved
February 15, 1851, and other acts amendatory thereto 94
An act to incorporate the Tonica and Petersburg Railroad Company 96
An act supplemental to an act to incorporate the Tonica and Petersburg
Railroad Company 104
An act to amend " An act to incorporate the Tonica and Petersburg Rail¬
road Company," approved January 15,1857, and also to amend "An
act supplemental to an act to incorporate the Tonica and Petersburg
Railroad Company," approved February 16, 1857 105
An act to amend an act entitled "An act to incorporate the Petersburg and
Tonica Railroad Company" 113
An act to enable railroad companies and plank road companies to consoli¬
date their stock 114 .
Articles of consolidation between the Tonica and Petersburg Railroad
Company and the Jacksonville, Alton and St. Louis Railroad Company 117
An act in aid of the St. Louis, Jacksonville and Chicago Railroad Company 126
Lease of the St. Louis, Jacksonville and Chicago Railroad Company to
the Chicago and Alton Railroad Company 131
Lease of the St. Louis, Jacksonville and Chicago Railroad Company to the
Chicago and Alton Railroad Company 151
An act to incorporate the Hamilton, Lacon and Eastern Railroad Company 164
An act to authorize the counties of Woodford, LaSalle and Livingston, and
the townships, cities, incorporated towns and corporations in said coun¬
ties to subscribe to the capital stock of any railroad company that now
is, or hereafter may be incorporated in the State of Illinois 169
An act to authorize the incorporated towns and townships in the counties
of Livingston, La Salle and Marshall, to subscribe to the capital stock
of the Hamilton, Lacon and Eastern Railroad Company 172
Digest of the General Railroad Laws of Illinois 174
I. Actions Against 177
Sec. 1. Actions brought against
" 6. Lien allowed against
II. Connections—Transfers 178
Sec. 8. Contracts and transfers
" 9. Leasing of roads, lands, &c
" 10. Of making connections
361
Page.
Sec. 11. Connections at bridges
" 12. Crossings and intersections
" 13. Transfer of freight and grain
" 14. Penalty imposed
III. Consolidations 181
Sec. 15. Of railroads and plank roads
" 17. Increase of new stock
" 23. With roads beyond this State
" 24. Conditions
IV. Fencing 184
Sec. 25. Company required to fence ^ ...
" 26. Owner to fence
" 27. Penalties imposed
" 28. Notice by the owner
" 29. Road failing to build
" 30. Time of the notice
V. Injuries—Obstructions 187
Sec. 31. Penalties for obstructions
" 32. Displacing switch or signal
" 34. Other penalties imposed
VI. Organizations 189
Sec. 39. Formation of companies
42. Their corporate powers
44. The choice of directors
46. Annual meeting of stockholders
47. Annual statement made
49. Payments on stock
51. Transfer of stock
52. Liability of stockholders
53. Stock being paid up
54. Concerning the dividends
56. Stock held by executors
57. Voting by executors
58. Map and profile
59. List of Corporate powers
60. Petition to the Legislature
Condemnation of lands
Duty of the commissioners
The rule of the Court
61. Infants and unknown owners
62. Relocation of the line...
63. Crossing road or highway
64. State lands required
65. Badges of officers
66. The annual report
68. Taxation of property
69. Lien of the State
Lien of individuals :
362
Page
Sec. 70. Rates of fare and freight
71. United States mail
72. Refusing to pay fare
73. Time tables and accommodations
74. Company refusing to transport
75. Of making up trains
70. Bells and whistles on engines
78. Sign boards at crossings
79. Train officer intoxicated
84. Application of this act
VII. Rates Uniform 210
Sec. 85. Rates to be reasonable
" 87. Same to be posted
" 88. Rates to be fixed
" 89. Loading and unloading
" 90. Penalties imposed
" 92. Including Illinois Central
VIII. Subscriptions—Loans 214
Sec. 93. Subscriptions in aid
97. Issue of bonds
98. Of borrowing money
99. Speed of trains
102. Classification of directors
103. Fires caused by engines
104. Taxation of property
IX. State Taxes 219
Sec. 105. To be set apart .'
" 106. Registration of bonds
" 107. Certificate made out
" 108. Interest on the bonds
" 109. Application of taxes
" 110. In cases of surplus
" 111. Conditions of registration..
" 112. County Directors appointed
" 113. Duties of the Auditor
" 114. Payment by the Auditor
" 115. Act to cease
" 116. Collector's bonds—fees
X. Crossings 227
Sec. 117. Railroads to maintain
" 118. Duty of Surveyors
" 119. Notices to be binding
" 120. After notice received
" 121. In case of disagreement
" 122. Report to be made
*' 123. If the company neglect
" 124. Flagman and his duties
" 126. Penalties against surveyor
363
Page.
XI. Railroad and Warehouse Commission ! 230
Sec. 127. Appointment of Commissioners
" 128. Who may be Commissioners
" 129. Oath and bond required
" 130. Compensation of Commissioners
" 131. Allowed to pass
" 132. Annual report of each company
" 133. Additional interrogatories
" 134. Scope of the act
" 135. Statement by warehousemen
" 136. The Commissioners' annual report
" 137. Further duties of Commissioners
" 138. Warehouse licenses canceled
" 139. Power in making examinations
" 140. Power as to witnessess
" 141. Witness not obeying subpena
" 142. Penalties against railroad companies
" 143. Duty of the Attorney General
Duty of State's Attorney
" 144. Concerning all such prosecutions
" 145. Private damages
XII. Transportation of Freight 239
Sec. 146. Freights to be uniform
" 147. " Railroad Corporation" defined
" 148. Rates of 1870 the standard
" 149. Penalty for a violation
" 150. "Forfeiture of franchises
XIII. Transportation of Passengers 241
Sec. 151. Rates of fare limited
" 152. Classification of railroads
" 153. Lawful rates of fare
" 154. Act to be posted up
" 155. Penalty for violation -
" 156. Forfeiture of franchises ..
" 157. Street railroads excepted
XIV. State Taxes 243
Sec. 158. Apportionment of surplus
" 159. Tax on railroad property
Such tax to be deducted
Article XI, from the Constitution of 1870 of the Organic Laws of Illinois... 244
Article XIII, from the Constitution of 1870, of the Organic Laws of Ills.. 247
Article VIII, from the Constitution of the State of Missouri 248
Article XI, from the Constitution of the State of Missouri 248
Article I, chapter 37, from the Statutes of the State of Missouri 250
Article II, chapter 37, from the Statutes of the State of Missouri., 259 -
. Article V, chapter 37 from the Statutes of the State of Missouri , 289
Article III, chapter 42, from the Statutes of the State of Missouri 294
Article VII, chapter 42, from the Statutes of the State of Missouri 294
364
Pace.
Chapter 43, from the Statutes of the State of Missouri 295
Article IV, chapter 110, from the Statutes of the State of Missouri 298
An act to amend chapter sixty-three of General Statutes, entitled, "Of
Railroad Companies," by adding certain sections thereto 299
An act to amend chapter sixty-tlirec of General Statutes, entitled, "Of
Railroad Companies," by adding certain sections thereto 300
An act to amend an act, entitled " An act to facilitate the construction of
railroads in the State of Missouri," approved March 23, 1868, and
being Section 52 of Article II, of Chapter 37, of Wagner's Statutes,
and to limit the amount of stock which any county, city, incorporated
town or municipal township may subscribe for the construction of rail¬
roads 303
An act to provide for a uniform system of assessing and collecting taxes on
Railroads . 303
An act authorizing the formation of union depots and stations for railroads
in cities of this State 309
An act to amend section two of an act, entitled " An act to sell the claim
of the State against the North Missouri Railroad Company, arid
to amend the charter of said company," approved March 17, 1868,
and to provide for the filing of a new bond 312
Contract between the Louisiana and Missouri River Railroad Company
. and the Chicago and Alton Railroad Company 315
Lease of the Louisiana and Missouri River Railroad Company to the Chi¬
cago and Alton Railroad Company 329
An act to amend an act, entitled " An act to amend an act to incorporate
the Louisiana and Missouri River Railroad Company," approved
March 24, 1868, and to consolidate the various acts relating to said
company . 342