The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-07-06


GENTLEMEN: have the honor to acknowledge the re-
ceipt your letter requesting my opinion in respect 10
the right Of the Central Railroad Company, under the
charter from the legislature OF this State and the grant OF
land by the Congress OF the United States TO run the Chi
caso branch OF said road TO the State ne IN order to
form a connexion with the Michigan Central railroad
and thence to Chicago, instead OF direct line between
the termin OF said branch Your letter reached me al
Ottawa. where | was in attendance upon the supreme
court, and my professional engagements have deprived
me Of the opportunity Of examining The question pro-
like all other private corporations possesses all the
powers conferred by the charter and other What
ever power: and rights are not conferred are Withheld
railroad company may their line OF road anywhere and
everywhere not prohibited by their charter greatly de-
ceve themselves The question is not What restrictions
and prohibitions are imposed but upon what line does
the charter authorize them 10 locate the road The third
clause OF the 18th section Of the charter answers this
question
Third That said company shall proceed to locate,
survey and out and pete said road and
branches through the entire length thereo-the main trunk
thereof, or central ne % run hU ioe cry o. SsO % aae
passing than i've miles from the northeast corner
Of township north range two east OF the hrd
principaI meridsn and nowhere departing more than
seventeen miles from straight line between said city Of
branch running from the aforementioned point the
eligible the city OF Galens thence TO point
On On. ' s.ss Of iap s branch also ayetDS rom The
main track point north Of the parallel Of thirty nine
eligible into the city Of Chicago, on Lake Michl-
gan"
The main line is 10 run from Cairo the southern ter.
minus OF the canal, passing within hive miles OF speei-
fed point, with the limitation that II shall not diverge
more than seventeen miles from direct line between
the termn Of III. road As The point named is twelve
miles OF the direct line, The company Is allowed
diversion OF only mes-hge each side OF the speci.
fed point within which the line OF the road should be 10
Gated The Chicago branch is TO divege from the main
trunk south OF the parallel OF 80 degrees 30 minutes
north latitude "ord rua The most eigbe route into
the e,fyof Ch,oogo. Lake M,eh,gon' The lermin OF
this branch being xedihe the dyergng point from
the main trunk, and the other al the CITY OF Chicago
the line is required 10 pursue ''fhe most ttgibk route
between these points This ~ The line oil travel covered
by the charter, and which The road il authorized to
be constructed do not insist that they bound To
follow straight line regardless Of the nature OF the
country and Of the natural obstacles that might inter
pose II an impossible mountain inervenes or a
lake or any other formidable object encountered
they may pass around order 10 secure better ground
but they return and pursue the general direction in
dcaed in The charter. In other words, the road must
run as near direct line between the points specified in
the charter the nature OF the country and the convent
ence Of the public that Tine Of travel will permit They
must follow the mos, eligible route between the points
fixed in the charter but they cannot run in different
direction for the purpose OF making the road upon an
other line OF travel and conducting It's business to dier.
ent terminus than the one prescribed by The act OF moor
poraton Chicago is about six miles west OF The Indiana
line, and the general course OF this branch road -
southwest direction TO its intersection with The main
trunk The question now arises whether me company
have right TO southeast course from Chicago until
they nesect the State line for the purpose OF eeoDg
junction with the central road OF Michigan or any other
road, and thence by angle in southwest direction
until intcrsecs The main line OF the Central railroad OF
Illinois 1t ~ evident that the proposed route would run
upon lines OF travel entirely separate and distinct from
the authorized by the charter
The road provided Tor in the charter was TO from
Chicago 10 Cairo and thence TO Mobile, in the State OF
Alabama, and the act OF Congress making the grant of
land for iis construction is entitled The Chicago and
Mobile railroad" The line proposed pursues the only
possble railroad route from Chicago to New York until
in'ersecis the State line of Indiana and then turns and
runs southwest direction forming extension Of the
Michigan Central railroad from Detroit in the direction
OF 81 Louis leaving Chicago twenty thirty miles
north Of the route In my opinion such departure from
the most eligible provided for in the charter would
be wholly Unauthorized by the act incorporating the Hi
pos Central Railroad Company There is another view
OF the question which confirms in thsopinon. This
act was passed for the purpose OF carrying into effect the