The New York herald., 1877-09-19


then commands the Legislature 10 pass general
laws providing for such cases 1t may be
" sci ior the appellants that "sne praesca eGu"
elect ana operation OF this law Is. and must be In
the practical effect and operation OF all the general
laws for tho formation OF corporations except such
are In nature public
OUR GENERAL LAWS
Their object is the formation OF private and local
Corporations. and the command OF their constitution
is that such corporations shall be formed under the
general laws. Under tins act railway corporations
may be formed are authorized to be formed IN every
county, town, village and city IN the State
and nlty householders and taxpayers may any
where, at anY time, institute proceedings for tho
formation Of corporation under this act. The act
not stripped OF the general character thus conferred
upon II by the circumstances that local Commis
are to be appointed TO carry It into effect; whether
there shall be permanent Board oi Commissioners
TO act Tor the whole State or n separate Board upon
each application can make no difference The general
side In the same locality 10 incorporate themselves for
the construction OF u railroad 1t would be no less a
general act II It provided that the incorporation
was TO bo consummaled through Commissioners
appointed from the same locality. upon the appcA-
tion OF the same individuals who can now under tho
presont law, Incorporate This law offers citizcns
in all parts OF the State the opportunities
corporate under IT II matters not that the corpora
tions formed may not DO uniform In all their charac
terstics, they would be uniform In all their general
powers and corporate functions. Corporations formed
under the general manufacturing law not In all
spcots UNIFORM They may der IN the amount Of their
capital, the number and amount Of their shares, tho
time Of their DURATION the number and names OF their
oil transaction OF their business and in many other
important particulars. such rs necessarily tho case
with corporations formed under general law and yet
their general powers and corporate qualities are the
IL matters not that every citizen Of the State
formed under tho act and that the practical operation
of the act Is 10 conne the power to incorporate to
fcw individuals Tho act in form offers the same op-
portuntes to all the of tho State The fact
that some are not able TO avail themselves of the
opportunities does not mpugn tho general character
o the act When railroad under the general rail
law OF 1890, constructed from
another, the topography Of the country through which
il runs may be such as 10 forbid tho construction OF
another railroad. But elevated railway be
constructed through the same street. ana hence upon
route in city but one company for the construc-
laturo could not by private act incorporate
such companies tho problem Tor It to solve
way could be constructed under a general act
authorized by the constitution. IL would DO FEAST
BILE to permit the formation Of several corporations TO
operate railways IN The same streets, would II be
wise TO leave railway 10 be constructed by the corpo-
ration which by accident was first time, would
the same plan for the construction ana operation of
railways in ali places be practicable Hence became
the duty OF the Legislature, by law having general
operation, to provide machinery which should
determine the necessity for railway
and the streets and places whero IL should
be CONSTRUCTED the company or organization o ndi-
viduals which should construct it, and the plan upon
which IT should be constructed While upou any route
the franchises are gwen TO one corporation the orma-
ton oil that corporation to all persons upon the
same terms, and no person is excluded from becoming
a stockholder therein. The methods adopted IN
tniS act sccm tO De well uevlSeu 10
attain the end sought. and It is quite
certain that without some such methods elevated
or underground railway can be constructed And this
act Is not limited IN me While IL Is true that of
commissioners act upon but ono application new
set of commissioners can lie appointed whenever any
persons desire TO form corporation and present the
proper application. can, therefore, entertain no
doubt that this Is general act within the meaning OF
the constitution.
AND rEcnNIcALIrIEs.
A more serious objection is made that section 80 Of
the act is IN conflict with the constitution and tho
rf al AT hn rnI 10 tl
lows:-
The said m % may fix and determine the route
ways or their dcpos or steam f,rries the fulfil
so far as it relates such connections q
such Of the reqairements and conditions imposed
act be fulfilled in such under sec
such connecting elevated railways shall, in such cases
% % Sn shall be sSa s
mated such raT company nay construct such
the same had been part OF the original route OF such rail
way
provisons except had an elevated railway IN aclua
operation At tho ineTOt the passage oil the act and
to such q npany the commission could determine
the route by which It could make the connection.
specified provided # first obtained tho consent OF tht
owners OF one.half IN value of the property bounded
and the consent OF the local authorities having tho
coutro OF that portion of any street or highway to be
used for the roatc OF the connection; or in the
consent OF the property could not be obtained
then In lieu thereof the determnation Of the commits
sion to be appointed by The Supreme Court, pro
ylded and required in section of the act and of sec
tion Is OF the third article OF tho constit uton.
Alter the routes are thus designated and the con
sents obtained, the company has all the powers con-
erred by section 20 OF the act, which Is the section
defining The general TO be possessed By
tons formed under the act Among the powers there
mated Tor routes by the commissioners and Ia
construct thereon railway upon the plan
adopted by the commissioners. such company has
the further power by the last clausc OF section 80 to
construct the con nccton with all the rights aud with
Ike effect as though the same had been Of the
original route of the railway That Is, among other
things II has the power given to 1t by It's charter to
institute proceedings TO acquire the title 10 real es
tate needed for tho connecting routes as II IL we're en
gagged under It's charter IN constructing Its original
road. This portion OF section 80 does not grant any
exclusive privileges franchise TO any corporation
SPECIFIED RIGHTS
Any railway company having railway In actual
operation would not have the exclusive right to make
the connection specified The act does not confer
upon such railway company even the exclusive right
any street Tor the route OF It's road but the right
would not be exclusive within the meaning OF the con.
sttutIon, even II but one road could be built In any
street 20 long rs other routes were permitted
Roads constructed under this act have not
the exclusive right to curry freight and passengers
and there Is nothing exclusive III tho mode o thor
operation, and am unable TO SEQ how ths act conlers
upon any railway company exlsting or TO be formed
hereunder any exclusive privilege or franchise more
than is conferred by the general railroad act OF 1886
upon corporations formed under IL. The locality and
the necessities OF the may be such under that ACT
as well US under this that route may DC exclusively
occupied by one railroad. Yet that Is IN no way
chargcaDlo 10 tne law III tnen section so Is IN conflict
with the constitution II is because IT. Is private oI
local bill granting tho right to lay down railroad
must be conceded that district provision III genera
law granting TO specific corporation the right lay
down railroad tracks might DO us much Ia conflict
with the constitution as II the grant were In separate
private BILL as to such provisions the bill would be
pryute bill (Peoplc VS.. Supervisors of Chatauqua
county, IS Now York, 10) The constitution (scctior
!, article S)q provides that all general and spccia
laws Tor the formation OF corporations may bc
altered or repealed, but where special
law was passed prior to 1875 creating a
private corporation, an act 10 amend iis
charter would bo private one, and II could not
therefore, since January 1875, grant the right TO lay
down railroad tracks. Nothing can be done by the
Legislature under the power to alter the acts OF incor
poration, which could not c,nsiitutonay do by an
original bill The constitution docs not forbid tho
Legislature to grant the right to lay down railroad
tracks, II simply Iorplds that such grant shall be
made by private or local bill, and permits 1t to be
made under general laws The objects OF these pro-
bibtOns In the nstitution doubtless prevent
the cumbcrng OF the statute books with a mass el
private aud local bills, to relieve the Legislature from
the labor OF considering and passing upon such bills
and TO remove IRON tho Legislature the coTrupting
Influences which surrounded and wcrc brought TO
bear upon II as to sucn bills by persons having per-
and SelNgn interests intensely awakened.