The Iowa transcript. (Toledo, Tama County, Iowa) 1858-1866, 1866-03-07

nor add TO or diminish the powerst 10 BE-
there exercised. II has An existence II
each State only by the law Of each State
This, however, is only corrollary q
The general proposition, that a corpora
ton can have no legal existence on side
of the sovereignty which created it L
can only dwell in the place Of its crea
ton.
Now let us see whether the Dpfedan
in this case has any legal existence II
TIE State Of Iowa, and if SO, what is tbt
nature and extent Of that existence.
may be remarked, that one and
thc same corporation. composed OF pre-
ci-ely the same members, having tht
same name and the same plac" FIR III,
transaction Of its principal bnainess-
unlike a natural person-may have the
rights Of citizenship in tw' or more
StAcs at the same time. In this State
the Legislature are not allowed 10 pass
special laws. and hence a general law is
npan our statute book, authorizing the
creation Of corporations and defining
specially the name OF such organiza ion
The Detcndan, in this case has not or
yanizrd under the general law as cor
porate body in this State.
Chapter sc, page o6, L,ws OF Iowa,
1864, Sec. 4. provides that,
The Board Of Directors Of any Rail
Road Company shall have power to
sauth orize contracts Of lease or i,int
running arrangements with any con.
meeting road, for the operation of
ssneh connections, upon such reason
'able and jas, terms, as may be agreed
'uron by Inc parties, and the party
thus leasing or operating The ra'road
'of another company Shall in all re-
spec. ! be liable 10 the public for their
'acts Of negligence i'll the same man
sner as though the road belonged 10
tthem +"
Ii is admitted that the Cedar Rapids
and No RR. Il. Co & the Chicago Iowa
& Y Il L. TO. are corporations duly
organlzsd by the laws of Iowa, and
,ha, they own respectively the rail roads
one running from Clinton on the
Mississippi RIVER westerly TO Cedar
Rapids, and the other from Cedar II,
pids westerly through Tana County
towards the No. River. Il is also con
ceded that the Chicago and North
Western Rail way company a'c cor
pora,ion in the State of Limos and
lessces of these Two IL 'ads III this
Stare and ,ha, il owns R,il 4 ,ad in
the State Of Ill connecting with the
road of the lessons hy a bridge acr IS
The Mss. river a. Clinton Iwa, and
Fulton LII.
The above section then must be con.
sl,ued 10 have intended that these Two
Iowa rail road Companies sh oula have
power to enter into contrast Of lease
Of their roads with the nef.ndan., in
this case as corporation, upon such
terms as the parties shonld mutually
agree, and ,bat the Defendant il 90
leasing and OF Grating, shall in all re
spec,s be liable to The public Of Iowa
for their acts or negligence as though
the Defendant, owned such roads.
That this statute clearly in ended ,c
embrace foreign corporations as ono of
the contracting parties is manifest from
he broad language nscd-swiih any
road, without restricting II
10 any Of the roads in this stare. Be
) drs, the last clause of the section
wonld have been useless and meaning
les as applied to = lessee & lessor, both
of the State of Iowa !:
for any rail roads Co. of,his S ate being
he lessee ot another rail road therein,
wou|d clearly be liable for its acts or
/ crlgence IN operating a leased road
wi,hou. the Statute and by the general
pnhlic law Hence the object Of this
clause must have beea 10 provide tha,
in ease any foreign corpmation became
the lessor Of any Iowa rail road that i
should accept such a habitattoa III this
State AZ the owners OF the road had aud
thus be liable for their acts or negligence
IN operating TIE road as it owners.
This construction is at once reason
able and Just. for it ought not to b.
implied or assen,ed to if it can posslbl.
be avoided, that a foreign rail road cor.
poration can lease for long term o'
years, and operate long and 'mpor
tan, In 6 Of railr ,ads through tliS STATE
with largo number of Officers and
Agents. large amount ot property
aud contracting for atfreightmants and
c,,r.ayc over their road with onr
people, ani yet be III the position o.
n IN residents, unanswefahle - ou'
state ,,ihnnal, FIR breaches IT Their
contracts OF their negligence. aud an
..rriznd to clam he right to transtc'
he ain locations y. AL their ,mpoftan
acts i,ro tribunal, ,h., however mnct
our people may respect, yet they regard
in many ways as foreign 'llbnnal-
Extensive necessarily causing delay
and foreign to their habits and customs
And besides. when this &C, was pas
Sei, the Drten.lan, was then AL.
operating said roads as lessee, aud It i
app,ehendea without authority ot Law
in this State, as no act was then IN ex
.is'cnee authorizing such 4 lease hy
foreign corporation.
The defendant could not. vithone-au
lhority OF the law nl Iowa, become
possessed OF an interest in Real Eestat'
in this State, because il can only dwell
and, own property where it has a iesa