Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1882-09-02

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its President and attssted by il,
sa.. Secretary, this----day o
| A. D. 1882.
Fort Scott. ST. Louis & Chicago Rail
road Company.
BY b. J. WATERS, President.
| Attest: J. b. BAYLEss. Secretary.
Mr.. T. c. Wood from con.mittss OF
right OF way then made the following
report
Hon. H. C. Wallace, chairman of the
citizens railroad meeting aud to the citi-
Gems assembled:-The undersigned your
committee tor obtaining right. .of-way lor
the Fl. Scott, st. Louis & Chicago Rail.
road Company, from the city of Lex.
ington to the town OF Odessa. In Lafsy-
cite county. Mo-, on the line and road
bed OF what was once known as the
Lexington, Lake & Gulf Railroad Com
pany. having considered tho question OF
the present ownership of such line aud
road-bed. aud the right-of. way to the
same, and having taken the legal opin-
ion of we'll known and eminent law
yers ofour community, hereto attached i,
10 the light of such opinion and upon
the best Information we have been able
to obtain, respectfully report that In our
opinion the title to said road bed and
former right-oi-way to said road. bed
belongs TO the owners OF the land over
which the. same runs.
ROHT. TAYLOR, Chairman,
LEXINGTON, Mo-. Aug.2s, 1882.
Robert~rayior. Esq. Chairman COM
mittee on right ot-way Fort Scott. St.
Louis u Chicago Raj road-Dsar Sir j:
In response to your inquiry about the
status OF the title to the rlght.ot-way
formerly claimed by the Lexington,
Lake & Gulf railroad OH which there Is
built in part road-bed from Lexlng-
ton to Odessa. we report.
This Gulf railroad was incorpora-
ted and filed Its articles OF association
under tho general railroad corporation
laws Of the state Of Missouri, on the 3lst
day OF August, 1869. Section 46 OF
chapter 6S. OF the general statutes OF
Missouri. which Is the railroad corpora
tion law referred to, as amended Febru-
ary 10. 1869. provides among other
things. '.if any corporation torn ed
under this chspter - - or
shall not finish its road and put 1t in
operation in ten years from the time OF
filing its articles OF association as afore.
said, ITS corporate existence aud power
shall cease."
AS this provision of the statute was
not complied with. We think all the cor
porate rights and iranchi.es OF said road
including its right-oi-way are lost and
forfeited, and the road d-bed and right.of-
way belong to the owners OF the land on
which the same runs.
! The title OF the corporation failing, it
is useless to inquire into tho "mortg ga
ges and leases made by said company
and any alleged rights hereunder;
they fall with the title OF the railroad
company itself.
Very respectfully,
! II S'S-.;s :: ss.s:ss:. !; ss:s;:, s;:ss Com.
Mr.. Chiles BY invitation explained
The opinion given by himself and
Messrs. Field and Alexander to mean,
that under the law in existence when
Ihe chatter of the Lexington, Lake & |
Gulf railroad was obtained it was
necessary to complete the road in ten
years, or the corporation ceased to
sxist. This term had expired in 1879,
snd it was unnecessary to explain that
ne corporation coul.i not convey righ, |
which 1t never possessed !; therefore, the |
rights-of-way having reverted to the |
persons who owned the land. II. they
'ould be obtained for the present com
oany there would be no difficulty at ali |
IbOut the matter. g
On motion the report was ordered
'eceIved aud filed, aud the thanks Of
he meeting were extended to the gen
lemen who had prepared the opinion.
Mr.. Taubman from committee on
being called on said, that
lis committee had not begun to solicit
but had been at work
'mong the citizens talking the matter
Up, and desired to make beginning in
his meeting.
Mr.. w. ii. Chiles moved that subscrrp.
ions bs now open.
Messrs. Alex. Graves. j. H. Graham,
v. II. Chiles, j. G. Russell and A. A,
.esusur spoke earnestly in support OF
he resolution, urging Immediate action,
nd liberaliiy on the part of every
itIzen.
The motion was then put and
unanimously carried, when the sub.
criptions began as in the list below {
nd in one hour sixty-iour responsible {
itizens OF the town and vicinity had
absorbed the sum Of sixteen thousand
y ht hundred dollars.
He SUBSCRIPTION AT THE MEETING.