Omaha daily bee., 1888-10-17
In the Quo Warranto Proceedings
Brought by the State.
NEW NEBRASKA ENTERPRISES
Four Corporations File Articles With
the Secretary of State-Supreme
Court tMatters-LincoinN Notes
and Personals.
Irscor N BUREAU OF THE OaAuA BEE,
l(29 II STREET
LINCOLN, Oct. II

company to properly incorporate under the
laws Of the state, the respondent says sub
stan,ially as follows:
The amount in dispute exceeds the sum OF
$1,000, exclusive of interest and costs and is
q suit of a civil nature at law, arising under
the constitution and laws OF the United
Safes in this:
That on the l2th day Of May, 1869, articles
Of Incorporation of the road were filed in the
Office Of the secretary of state and thcreupOn
the road was Incorporated under the laws OF
the state for "a period of fifty years; that
among the powers conferred by the act was
the power 10 contract and be contracted
with, and to acquire and convey at pleasure
all such road and personal property as might
be necessary and convenient to carry into
effect the objects of the corporation, the
power TO lay out, contract, maintain and
operate and enjoy railroad with single or
double tracks, offices and depots between the
places and the tcrmini OF the road,
and to construct branches from the main
line to other towns or places within the limits
Of the state; to acquire By purchase or gift
any lands within the vicinity of the road, or
through which the same might pass, so far
as deemed convenient or necessary by the
company to secure the right of way and to
hold and convey the same. That the road
has these powers provided by special statues :
"Evcry railroad company shall have power to
intersect, join and unite their railroads, con
struCted or to be constructed in this state or
IN any adjoining state or territory, at such
point on the boundary line of each, or at
such other point as may be mutually agreed
upon by such railway companies as are au-
thOrized to merge or consolidate the stock OF
their respective companies, making one Joint
stock company of the railroads thus con
nectcd, agreed upon in accordance with the
laws Of the adjoining state or territory with
whose road or roads connections are thus
formed provided that the consent of three
fourths of the stockholders shall be OBJ
tained.n
That the suit is based on section
s, article II, of the constitution of
the state of Nebraska in force
November l. 1873, which provides: No rail
road corporation organized under the laws
of any other state or of the United States +,
doing business in the state, shall be entitled
TO exercise the right of eminent domain or
have power to acquire right of way or real
estate for depot, or other uses, until 1t shall
have become body corporate, pursuant and
in accordance with the laws of the state"
That by reason of section 8, article II, of the
constitution, the respondent can not lawfully
exercise the rights, privileges and franchises
exercised during the past.
That the powers conferred upon the Chi
cago. Burlington Quincy railway company
in Nebraska by its charter are protected from
repeal or impairment by the state by section
10, article !, of the constitution of the United
States, which provides that no state shall
pass any law impairirg the obligation of con-
tracts.
The respondent insists that section s, arti-
Gle II of the constitution of Nebraska is CON
trary to section l. article IA Of the amend
ments to the constitution of the United States
and void.
That in an act of congress en-
titled IAN act to amend an act entitled an
act to aid in the construction Of railroads and
telegraph lines from the Missouri river to
the Pacific ocean, and to secure to the gov
crnmcnt the use of the same for postal, mil
itary and other purposes" The road was
authorized to extend its lines in Iowa
through the then territory of Nebraska from
the point at which the same should strike the
Missouri river to point OF junction with the
Union Pacific, not farther west than the
Tooth meridian, and in aid of the construction
of the road so authorized certain public lands
were granted to the company partially de
scribcd in the act. That the act also granted
certain rights and other public lands to other
companies named. That by the act the COM
panies named therein were empowered to en-
ter upon, purchase take and hold any lands
or premises that might be necessary or
proper for the construction or working of
their road, not exceeding in width 100 feet
on each side of the center line, and also TO
make, build, equip and operate the respond
ent's road in conjunction or with the roads OF
other companies. That these and other
privileges were given the road by special
acts of congress dating April 10, 1859, and
that accordingly the suit ought to be re-
moved to the circuit court of the United
States.
A bond was duly filed with the answer and
petition Of the respondent to cover all costs
that may accrue if it shall be decided that
the cause was wrongfully removed thereto
The papers in the case were filed ut O'Clock
last evening.
NEW NEBRASKA ENTERPRISES.
The secretary of state to-day received anC
filed articles Incorporating the Foreign Emi
grafton company, Bishop Il Wheeler Loan
company, Commercial Directory company
with principal place of business designated
at Omaha, and the La Platte Land company
of Lincoln, Lancaster county.
The Foreign Emigration company operates
general real estate and brokerage business
and will also engage in foreign exchange
Citizens of Douglas county, Cook and Rocl
Island counties, H., Dayton and Webste
counties, Ia, and Wallace county, Kansas
comprise the company, VIZ; John Linder
Peterson and John s. Holland. The articles
stipulate that the subscribed capital stock o
$l00,O00 shall all be paid IN within two year
from the 10th day of October, the date TIL
company commenced business The life o
the corporation under the articles is fixed a
The Bishop & Wheeler Loan com
pany was organized and equipped 70
business October %; dS,o wi with 1a.,, a q
which was paid in hand. The company pro
poses to conduct and manage general trus
and guarantee business, and will continu
fifty years under tenure of the articles
Omaha citizens as follows compose the com
pany Joseph w. Bishop, James Fl. Wheole
and S. c, Epperson.
The Commercial Directory company vii
compile and furnish information relating t
purchasers of all kinds and classes of proI
erty and OF all persons who obtain credits O
any nature, for the purpose of furnishing TO
q pecuniary consideration, to retailers O
merchandise or to sellers Of property of a
kinds and to banks and all financial institl
tions, Capital stock to the amount of So, ,00
has been subscribed by X. r. and Nj. {
Hodgin and c. A. Ferriu. Business con
menced on the Sd of July and continues fo
twenty years.
The La Platte Land company was organ
lied with subscribed capital stock of $500 o,
by John X. Clark, Francis G. Cradle an
Charles A. Hanna. The company will bu
and sell lands and other property in Mel
raska, Kansas, Colorado and Wyoming te
ritory and transact all business of an auxi
iary nature. 1t is agreed that the compan
shall exist under the articles of incorporate
for ten years, commencing on the first day {
tho current month, with rights OF perpetu
succession.
THE SUPREME COURT.
The following gentlemen were admitted
practice Charles w. Haller, William v
keysor, Byron G. Burbank. George r. Wi
tum, Il. Headly Wetmore.
Gay V. Shower, dismissed. Gsantner v
Omaha Belt railway company, continues
oAnIa atnh nE.etn nd