The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-07-18
NEW YORK. TUESDAY MORNING. JULY Is, lS43.


power to do II 10 their agents whether individuals
poratons There is nothing in the power rendering
which granted 20 % az. Of
common highway for the convenience of the public
This corporation competent power Al
though corporations exist only by legislative enactment
yet when created their powers controlled by
mon law. A corporation may exercise such powers
necessary carry the powers granted and the
objects OF the corporation The kind of corporations
determines the powers that may be used carry
into effect the powers expressly granted. There
two classes of corporations one to accomplish the
ordinary objects of life as manufactures the other
os a. e Of
the State The city of Bridgeport Of this description
This class has great advantages the other. Dart
mouth College case Wheat. Voluntary corporations
acquire rights by and in such the Legs
ature cannot interfere. But there is contract,
entirely within the scope OF Legislative power. The Lee
gisature have a right to interfere any where
thew would have inerered origin av in the creation of
the corporation If the mower was never before given,
still the Is not prec uied from granting it,
The power in this case was sdspted TO tn. character of
the CORPORATION. there IL mo question that railroad
COMPANY is a private corporation but work OF public
benefit us Wend. 60 The Housatonic railroad not
foreign to the object for which the city of Bridgeport
incorporated CITY CORPORATIONS are not established
y for the benefit OF the citizens but for the interest
6t was actually received or not II Il was intended
such benefit the ultimate result is not the rule 1t is
the Character of the power in its provision that
regarded The object Of this work to promote the well
fare of the cy to aid its commerce. its
its in its character
was calculated to the elfae CITY, the pro-
perty of citizen can be taken against his will without
Violation Of his rights We ask not recognition of I'm.
nlied bu, of granted which have been confirmed
by the legislature There il no difference bet cen this
power and that of building an acqueduct nor bet
This and one confined TO the limits of the city II is Of
the same as to build wharyes improve har
bors &C The control of the majority the principle
h;ch lies ot Tho fonndat;onoT onr and ns
ntons The onlv mode in which n can be exercised is
by the that it, by a majority Il is not
csssar - mt a s,,r cas ~ ,strste the actually
= or;t
Charter the CITY had authority to these bonds The
ebject is connected eth the end and aim of the ncorpo
ration and this il the onlv limitation TIL, power en-
braces every object tending TO the public good. The
power to contract in the power
u cry rules 0r corpornton
laid down nv IN onenng counsel are moi dsputed But
the Gil did not subscr;he for the henet of the stock hut
for accomnlisbng n Grant nnbi;c obiect such improve
ante rna he ,ne, Shs fnacassarv lint n.c..sny,, in
such case does No, mean ;ndsnensable This Raiiread
was in the aanee the, highways are ne.
cessarvthat ia suitable convenient ard proper Ger
tain members ofthe United states senate still claim the
Ined st.tes RanL waa recessary hut M one would in
sst that the could not possibly be sustained
without it. The LEGISLATURE of Connecticut have often
conferred on 70 he without their
Tm;ts 2 az, ua an ,Uas S,eI anthor;zsd N build
hdS na ha'r 1 TGc @ :; Na Haven and take
I'll co;r6aIJ and NorwoIt had n similar grant The
oI. az" NJ w w. ., ..;d Aihann ~ Loan
rs, haiS ,S 20 tha Westsrn Railroad living
aIor na " AZ, III, ~, " IL " rha nooI;,v 10 inn
,, t;, " me the nbiects nj the cornora
ma o., W. ia sa;J th ctv wouid not take
uonmaa eno, 90; s. ith e oymnsaton This
property ior pubic use wtnou, doas ha g.
does NOT apply 10 taxing py TAX bu. f S hon
stoct ' ''"P'"''''- fN'N0
D.. ~ H.. ,horor doas M. .;ve no,ver tho net of
1850 5 III ~ ,an, ,yos not vo;S If merely confirming
anI r,s ac,in n q" al, ,he acts con6rming mar
raa. tt,as &C. oro void IF Tho citv had no mover NV
-, t r. The aa;s,a,nre cny,d or;einailv have
rronsh he norer II coniJ con6rm IL II the citv had
yhnt a,b or;tr costracted debt in draining marsh
tba anso,re conid con6rm II ant tbe act was not re-
~ go: - Uo r. ~. ~ .onction. 4 The acts done
BY, @ ai;,y, % :, o,hay acts Of The c;tv tendng 10
scts into egsct Rut e can safely rest our
ca.o soIev an ,e con rmaton The object Of subsc rib
s NJ ~ so,a 90 ~ woud have bsen N nav mo new
oS H. nnrnosa o1 carrvnr The ROAD into effect II Is
col ho bonfs were ;ssued ~; contravent;on If the
This 10 nu,t;ng faIss corsruct;on unon II The ex-
nresson in The act fro,, time IN time refers 10 the az
sessmen,. not IN the hands Altbougb an act is uncon
s,;,nt;nnai ;C nar,y annn;.scas he ;s horud Mr. IT
ouotsd case in Oh Wand yvh,1e creditor took div
dend under an law and was held bound
hy ths Iew Wh., wouid these defendants have said if
~ t.s hsor ana the road having extra
the Rail Road Comnsnv had refused TO paw
dividends 10 the citv on their stock3 Corporatons are
sometimes hound Nv acts Unauthorized by their charter
, Conn Rem os2-as The bonds were not void because
the interest was made payable semi annually The Ian
guage of the act Of Ia ia similar to the ute
regarding such contracts are admitted not TO
be usurous The act is not void because il imposes liza
bties on some of the citizens against their consent
This il done wherever turnpike is iscontinued Nor
is il void because it makes the city stockholders few
years ago all stockholders In the United
States Bank against the wishes Of many in the nation
The city held stock for purpose if the object
proper and they have the capacity In this the
Court only look at the city in its corporate capacity
and not at its citizens. The city only is sued and that
for their act If the Legislature have given an OPP
pressve mode OF collection they the persons to find
fault with. It will be enough to try the csnsu.
tionsty Of that provision when is enforced MI H.
concluded by saying that the opening counsel had con-
tended that his clients had sympahy with reputation
He deed them give definition the term that would
not bring them within it, Several of the States had been
branded with the charge because they refused TO pay
bonds for which they had never received dollar Here
the defendants had received the full value of the bonds