The Aberdeen examiner. [volume] (Aberdeen, Miss.) 1866-current, 1883-06-07
Opinion by Chief Justice Waite.

Opinion by Chief Justice Waite.
In the view we take Of this cast
the only question that need be con
sidered is, whether the charter of the
Central Military Tract Railroad Com
pany, one of the corporations by con
solidation now represented by thu
Chicago, Burlington and Quinc.
Railroad Company, purports on it
face to grant to the company the righ
to fix the rates of fare and freight tc
be charged for the conveyance o
persons and property by it, free of al
control by the State. If on exami
nation, we find that no such gram
was intended, it will be necessary te
decide whether one Legislature ha'
the power to bind succeeding Legis'
latures by a contract to that effect
The provisions of the charter relied
on to establish such grant may be
stated as follows:
On the 9th of November, 1S40, al
act was passed by the general assem-
bly, of Illinois "to provide for gen
eral system of railroad interpretations.
That act contained the following
provisions:
"Sec. IL. The directors of sucl
company shall have power to maxi
bylaws for the management and dis
position of stock, property, and bust
ness affairs of such company not IN
consistent qcith the laaos of this State
and prescribing the duties of all off
GERS, ETC., employed in carrying on
the business of such company.
"Sec. q. Every such corporation
shall possess the general powers ant
be subject to the general liabilitie
and restrictions expressed in th'
special powers following, that is t.
say:
"8-To take, transport and conve,
persons and property on their railroa,
by force of steam, animals, OF an
mechanical power or combination ant
receive tolls therefor.
u n u
"10-To regulate time and manne
in which passengers and propert
shall be transported, and the compen
sation therefor; but such compensa
ton shall not exceed three cents
mile for any passenger, unless B.
special act of tue Legislature, an
shall be subject to alteration as here
matter provided.
"Sec. 32.-The Legislature may
when any such railroad is opened fe
use, from time to time alter or re
duce the rates of toll, freight or othe
profits upon said road but the sam
shall not, without the consent of th
corporation, be so reduced as to pre-
duce less than fifteen per cent. pc
annum on the capital actually pal
in nor, unless on an examination b
the Secretary of State, he shall fin
the net income for the year last pas
shall have exceeded an annual incom
of fifteen per cent, on said actua
capital"
On the 18th of February, 1851, ar
other act was passed to incorporat
the Central Military Tract Rail Roa
Company, for the purpose of buildin
and using a railroad between certai
designated points. Section 3 of tha
act is as follows:
"Sec. 3. The said company
hereby incorporated for the purpos
of organizing under an act entitled
Gan act to provide for a general sys
TEN of railroad interpretations" i
force November 9th 1S40, and IN al
things shall be governed By the pro
visions thereof and shall be entitle,
to have and exercise the powers an
privileges and be subject to the liza
bilities therein enumerated: Proyi
ded, that the foregoing corporation
may attach themselves to and form
part of the Northern Cross Railroa'
Company, in such manner or on sucI
terms as said companies shall agree.
On the 10Th of June, 1852, anothe
act was passed "to amend an act en-
titled an Act to incorporate the Cen
tral Military Tract Railroad Com
pany." The following are the part
of this amending act on which, il
our opinion, the case depends:
"Sec. 8. All the corporate power
of said company shall be vested il
and exercised by board of director
and such agents as they shall appoint
"Sec. 6. Said company shall hav'
power to make such bylaws and reg
ulations as may be deemed necessar,
to fulfill the purposes of this act, AM
for the regulating and securing th'
affairs, business and interests of tn
company: Provided, that the sam
be not repugnant to the Constitution
and laws of this State or the Unite
States, or repugnant to this act
The board of directors shall hav
power to establish such rates of tol
for persons and property as they shal
from time to time by their bylaw
determine, and to levy and collec
the same"
1t is contended by the compan
that this amending act repeals claus
10 of section 81, as well as section 3
Of the general railroad law, so far a
applies to the Central Military Trat