Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1885-03-07
ABOUT KANSAS RAILROADS.

]
resolution No. %, which provides
I "that the Attorney General be, and
I IS Instructed to at once institute an
I inquiry into the term of the duration
! and existence of railroad corporations
[ operating under and by virtue Of acts of
/ the Territorial Legislature, and he shall,
t On or before February %, 1885, make q full
! report to the Senate and House of Rep
! sentatives, showing specifically the name
/ Of each Of such corporations, date of ap-
! prOVal of the special act under which il
/ claims to operate, together with his
/ opinion IN writing, as to whether any
such corporations are acting without au-
/ thOrity Of law" ETC., Attorney General
| Bradford says: Il ind that the
railroad companies now operating in
| this State under such charters are as
| follows: The AtChisOn, Topeka & Santa
Fe Railroad Company, the Kansas Pacific
Railroad Company, and the Central
! Branch Union Pacific Railroad Com
pany.
ATCHIsON, TOPEKA & SANTA FE RAILROAD
COMPANY.
The Atchison, Topeka & Santa Fe Rail
road Company was incorporated by a
/ special act of the Territorial Legislature
/ on February II, 1859, as the AtChisOn &
/ Topeka Railroad Com pany, the name
/ being subsequently changed to "The
AtchisOn, Topeka & Santa Fe Railroad
| Company"
In the act of February II, 1859, incor-
! pOrating the AtchisOn, Topeka q Santa
/ Fe Railroad Company, no period was
/ limited for the duration Of the chatter.
/ On the same day all priGr legislation
/ upon the subject Of corporations, except
! such as was enacted by the act entitled
can act to enable Trustees of Colleges,
Academies, Universities and other insti-
/ tutiOns, societies and companies to be
! come BODIES corporate" approved Feb
ruary 9, 1859, was repealed.
On that day it was further enacted
''That the common law of England, and
all acts Of Parliament in aid thereof
made prior to the fourth year Of James
! the First, and which are of a general
/ nature, not local to that kingdom, and
/ not Tepugnant to, or inconsistent with,
! the constitution of the United States"
and an act entitled can act to organize
! the Territory Of Nebraska and Kansas, j."
or any statute law which may from time
to time be made or passed by this or any
| subsequent legislative assembly Of the
/ Territory of Kansas should be the rule
/ of action and decision In this Territory,
/ any law, custom or usage to the contrary
notwithstanding.
The Atchison, Topeka & Santa Fe
! Railroad Company, Is, therefore, e legally
! existing corporation Of the State with
/ the common law duration of corpora
tons, which we have already found to
/ be that Of perpetual succession.
/ KANSAS PACIFIC RAILWAY COMPANY.
/ With reference to this company it is
/ only necessary to say, that 1t is the sue
! CessOr of the LeaVenWOTth, PaWnee &
! Yves ern Railroad Company, incorporated
! by q special act Of the Territorial Legis-
/ lature of 1856, in which charter 1t is pro-
/ vided that such company shall have CON
! tinual succession. Continual succession
/ is Identical with perpetual succession,
and this company is therefore a lawfully
| existing corporation, the life Of which is
! limited to the end of all human affairs
! unless sooner forfeited by non feasance
/ or malfeasance Of its powers.
/ CENTRAL BRANCH UNION PACIFIC RAILWAY
! COMPANY.
! This company was incorporated by
/ special act Of the Territorial Legislature
/ of 1859 as the AtchisOn & Pixies Peak
| Railroad Company. The act of incOrpO-
| ration COnfers upon the AtchisOn 6,
! Pixies Peak Railroad Company the pow
| eTs and privileges which were conferred
upon the AtchisOn & Fort Riley Railroad
/ Company by on act of February II, 1857.
/ The act incorporating the AtchisOn &
! Fort Riley Railroad Company has no
/ period limited in its charter,
! and that corporation would there
/ fore have a corporate existence
/ for the period Of ten years, but the refer
| enCe to the act Incorporating the
! AtchisOn & Fort Riley Railroad Company
/ for enumeration Of the powers conferred
upon the Atchison & Pixies Peak Rail-
road Company has the same effect as
| though the powers and provisions Of the
act incorporating the AtchisOn & Fort
! Riley Railroad Company had heen set
/ out at length and in full in the AtchisOn
! & Pixies Peak Railroad COmpany's char
/ ter. And the powers and franchises con-
/ ferred thereby upon the AtchisOn g
Pixies Peak Railroad Company has force
and effect as the charter rights Of this
latter company by virtue Of the act Of
1859, entitled " An act to Incorporate the
AtchisOn & Pixies Peak Railroad COmpa-
ny" and approved February II, 1853.
There being no law then in force limit
ing the duration of corporations the
/ Atchison & Pixies Peak Railroad Com
pany took the common law duration,
which, as we have seen, Is in perpetuity.
Under the head Of Subsequent Legis-
I latiOn," Mr.. Bradford says:
In 1879 there was a law enacted by the
/ Legislature entitled AN act defining the
! term of duration and existence OF GER
tain railroad companies" by which act
! 1t was attempted TO confer upon any rail-
road company organized under and by
virtue Of any OF those special acts Of the
Legislature Of the Territory Of Kansas,
wherein the term Of duration and ex-
istenceof such corporations is not spe-
cifically named, and now owning and
operating a line Of railroad, an extension
or definite term of existence Of ninety
nine years from the time of the taking
effect of the special acts under which
snCh railroad corporations were organ
lied.