, 1877-06-23
Northern Pacific Railroad.

l.
cific Railroad in . communication
published in the Orego'sia's proves by
documentary evidence and indispu
table legal conclusions that the time
limited by Congress, under existing
legislation, for the completion Of
the Northern. Pacific Railroad. will
not expire before July 4th, 1879, in
stead of July 4th. 1877, as is now
generally understood. Another
conclusion of law made by this cor
respondent is, that the conditions of
the grant are conditions subsequent
ard that the forfeiture cannot be
enforced but by q special act of
Congress or by a suit brought by
the United States for that purpose,
and until one of these modes is car
risd out, the rights of the Company
remain as perfect and intact as
though none of said conditions had
i-been broken. The correspondent
says:
.'The time fixed by the charter
was July 4, 1876. There have been
two extensions of this time granted
by Congress.
By joint resolution, approved May
7. 1866, it is provided "That the
time for commencing and complet-
ing the Northern Pacific Railroad,
and all it's several sections, is ex-
tended for the term OF two years. J"
What is the time here mentioned or
referred to, for commencing and
completing the road? Of course
none other than the time fixed by
the act of July 2, 1874. This joint
resolution then extended the time
for the completion of the road to
July 4, 1878 and it has never been
repealed. 1t stands to-day the law,
that the time given by the char
ter, whatever that time is, is extend
ed two years.
In 1878, when the Company made
its second application to Congress
for an extension Of time, Congress
granted it by joint resolution, ap-
proved July 1, 1868. It must be,
and it is conclusive presumption,
that when Congress enacted this
joint resolution, it was acquainted
with the previous legislation on the
same subject. What was that legis-
lation? The charter had fixed a
time for the completion of the road
July 4, 1876. The joint resolution
of 1866 extended this time two years
to July 4, 1878.
By the joint resolution of July
1, 1868, the charter (section 81 is
amended in such manner that the
charter forever thereafter is to be
read as though the amendment was
the original enactment; and the ex-
tension granted by the joint resolu-
ton of 1866 takes effect from The
time limited by the charter as thus
amended. The amendment to the
charter by the joint resolution OF
1868 is that section s (above quoted
at lengthy is hereby amended SO as
to read as follows and
shall construct, equip, furnish and
complete the whole road by the
fourth day of July, Ammo Domini
eighteen hundred and seventy-seven
The charter now and at all times
hereafter, must be read as though
these were the words originally en-
ployed; and the joint resolution of
1866, extending the charter time
two years, necessarily extends the
time to July 4, 1879.
All these statutes are in pari ma
te,ia, and must be construed to-
gether. Reason and authority sus-
tain this construct ion. Any other
construction would involve the alb
surdity of saying that when by the
Joint resolution of 1866 the time was
extended to July 4, 1878, Congress.
by the joint resolution of 1868, ex-
tended the time, by contracting or
reducing it one year, namely, to
July 4, 1877
Two certain conclusions are ar
rived at
First-The time limited for per-
formance, whenever that may be,
being part Of a condition subse-
sequent, is no moment, unless or
until the sovereign power that cre-
ated the corporation and conferred
upon it its grants, rights and pri--
vileges, shall chose to institute pro-
ceedings to enforce forfeiture for
any alleged breach Of such condi-
ton subsequent. 1s-4el bra d2ssga
SecondLThe time limited by
Congtess; undersexisting legislation