New-York daily tribune., 1854-03-15
have ,toash, n dot 70 ina Bank and 70 hai e@hen'
d. . = =, ,,,ke inc above t,stefnens

farfe 70 make INC sooSe t'~sH'
Ee e,. below copy Of the laW recently Psseo os '"s
t,la+rrs o. Illinois, relating 10 the MS i''Il e1u
-. Railroad Company st Louis and Iene iu'el
-, fo,o the proclamation OF the Governor OF
-, s,s,e couvenng the legislature in sPeesi SEES on a.
h session The act wts passed It VII be seen max 'ne
,.,s, Granted By the Legislature to that Comph are
'o,,t ample We are informed Eat the grading and sss
is Of The entire line will nov progress rdy 20 compile
lion This IL tbs remaining lux % bo completed % the
-slt chain Of Rsilwey 2rOsgh CentA Ohio sad Indiana
'Toa New York to - Louis the most drcct route
asverrng very fertile and PePElous porton Of Ohio
Indiana and DaDos The Legislature OF Illinois have
before repessedy rSfased grant the desired powers 70
this Company.
Ezsraa Ion tie proclamation Of Governor Msa'esor Of
1fiaois, Str date Of 18th January, ls5i;
"TD pas laws recognizing the existence o and can
ferrirg ADDITIONAL rowers upon Corporations formed 'r
which my be formed prior h. h- ac0a of the Lekla
ture thereon under the act to provide fora tenSf.
Of Reiro I'D IncGrPorat ~ ePp ia s.otin, ~,
routes termini thereof and authorizing the oi
tho S 1aEe adT ,,,o,n, end spos The eoa.rou Of the
gSr4a. Re IL ense6 by he people o. the se Of Illinois
Atlantic Rsre ca Company - f'fnfa lla7I a Z -. - y. L
o va 's co7poroI b. tsst dliy lied
c. .,s sg ysi4 I'd 5 Ts ". s. nS ~
sygsu q Bsi,fo,d lse.snoTsions m ioeso oSt I'd s1
tain h ssid Nsspp sn5 Atlantic Rao1d from Pat o. ne
se,.ns % rout on The Mississippi Ri'er niooogn
the rsces q sssoesion speeh IN eeosaas 80 ~,
b,rsof and Of and ~ and prooeensso of sd Cn1
road crossing neeons an ing ''ef
H. ed Ms.sop s1d Rsros3 conosuy h
bcrsb, bo work Of sof:en, public aity to In
tn tkins Of private properly ior cous0e'u1 sha 80 H.
reed end e zane Hs oe soPoPns,td Gntavs re 'n14
sid Co0pn shan bsye power 70 eorroT n9oey o- ne
directors pfesffD
exceeding seven percent e5 Snnrp ana i9' tsse
than pr .hal be ss valid and binding upon d oon
f Ska Compspy sss have power 70 take and hold stock n
it's credit to- railroad COMPANY within tbs sa gaos
iiTpi and Atlantic Rsiro,d
abroad Company hereby to construct
much Of the line Of road lies between the eastern line Of this
State srd TeIs Hsut, under such may Be n,d y the
be Organized for that purpose to corsode To- "ocs' s com
resd on msy agreed upon beween the parties
SEC Tbs &C, shall take effect and be force from s1d r m
Speaker Of the Hoase Of Representatives..
Approved Feb q 1854. IA AATrESON.
Ii has been stated in the public paper that the vail
diy Of the recent Act of the Legislature of Illinois, in
cooperating the Atlantic and Mississippi Railroad be
conetttd before the Courts and that parties in the inter
est Of the Ohio and Mississippi road were about institute
the necessary proceedings for that purpose
From the Alton and St Louis papers it seems that there
.are grounds for this statement
The Courier published at Alton under date 10th March
says:
TIE BROUGH RoAD-NoTYE YET CHARTERED.-While the
editor of The Courier at Springfield after the passage
of the Brough bill through the Senate in teegraphng to
Tie CoUrr the result he also stated that the passage of
the bill was not valid charter of the road and that the
action Of the Legislature would be tested by the Supreme
Court, that coordinate branch of our State Government
which weighs the cOnstituonaity of all legislative acts,
and where they conflict whit the Constitution declares
them void.
Three of the abest lawyers in Illinois have examined
the whole question upon the facts presented in the case
and give their opinion sustained by course of common
reasoning that the BrOugh Company not 80
gsnzed as to within the provisions Of the Govern
proclamation and that the action OF the Legislature
upon that unconstitutional and void.
We append also for the information Of oil pariie, inter
ested article from The 81 Louis In,ellgeRcer, contain
ing copy of the legal opinion adverse to the validity of
the Brough Charter which opinion The Iategeaccr says
"s signed by three of the abest jurists of Illinois,
BBoUGHs CHARTER TO BE CONTESTED
IMPORTANT LEGAL OPINIos The Fight not orr
get These words fall hashy st Louis ears, and well
they may. After six years struggle OF right against
might public policy against sectional excusveness, we
and vaDquished in harmonious brotherhood. had
down to bury past strife in the JOY of personal social
and political reunion. We sounded the trump of peace,
and witnessed the ocking in and cOmmDglng of the lae
hostile clans with elae hearts-thnking the year of Rail
road jubilee had come.
But we heard that there were mutterngs in the State
of illinois, and those mutterngs followed their Legislature
hither and threatened to contest the validity of the for
which they were receiving q ST. Louis ovation We
doubted the rumor but resolved TO know its foundation
and its full value We succeeded and are enabled to
spread before the public the whole story and the pro
grsmme Of resistance to the Brough road. 1t will
be found explained in the correspondence below. The
legal opinion adverse to the validity of the Brough char
ter we are sorry to see is signed by three of the abst
jurists of Illinois;
SPRISGFIELD Friday Feb 2i 1851
GET1LESrN The Lesssure of Illinois at ts present exta
%idHa and mppi R.ro.d co@Sany .aS hns for o
the construction Of railroad from Terre Haute Inoow
noft
General RAfosG law Of Illinois sPprosed Nov iai1 as viii sp
from then articles Of association ed in the office of the Sc
state Sub nty fog Of these articles
OF the subscriptions to the capital stock Of the Company
lis said however that in these article, filed,
not seeSIdsnee with the Of the Law and tb1t At
there in existence porsion formed" within the
egslatuTe convened laid moreover thai p
quiTed y the law TO be paid previously to 6ng the sal.
ton S'eePtSe Of easy proof f. inporan to me and to os
stood viii you therefore examine the snes railroad law sbove
reed the articles Of association fled in the office OF the
the % eSIs 'esS 2 and such 9ther laws
let WhelEer the corporation i. legally forrned'
% Have they such organisation entities
the present Legislature under the
sd What effect will the Of the bill this
legislature have the association not heretofore legally
h Under the existing any 1b.c pOn heretofore
ade binding Subscriber and the collection
S Can company bonds and make security that would
by giving these inquiries esIy careful attention you will
much Obhse. YOuIs very respectfully
Mes.rs John T. Stuart Alb Lincoln and Edxaris Spring
SrRIsoTrrLp, March 1884
YoSrs ie.Peeifuiiy, JOHN T STUART
Hon Rosr SMITH Alton Illinois b $ EDWARDS
tUff- Is he cor orGon legally formed
The articles Of association tiled in the Office Of the Secretary Of
ME, theressuts Ibey also ho S an a's
II, iss sss " than forty thousand dollars wnh the As