The state chronicle., 1892-12-15

the exclusion of restriction. To extend the
powers, rights, and privileges Of the company
existing as to the main road SO to compre-
bend the branches. may, 1t is true, be SAID to
have enlarged their application. but only IN
the particulars named, and as restricted by
the enumeration.
We do not deny that exemption from taxa
ton NAV be construed as included in the
word = privileges" if there are other pro-
visions removing all doubt of the intention of
the Legislature in that respect, picard v.
Railroad Co.. $50 y. 5. 637. 642) but we
have none such here
And in this connection, some further OBJ |
servations may properly be made. AS pointed |
out by the Supreme Court, the charter as
originally granted was for the construction Of
railroad from Wilmington to Raleigh a dis
tance of something over one hundred miles
with a capital stock of $500, 600: and
branches were authorized under the sections
| referred to, interiected into the body of the
act the capital beng, however, limi ed to
| ST 600 O0o ! he ACT of 1885 authorized .
| change Of terminus 'to some point at or near
| the river Roanoke" and an increase of the
cal pital stock to 81, 800, 900. and the company
was also empowered to puschase, owE, and
| possess steamboats, and other vessels 10 ply
from Wilmington to Charleston or Elsewhere.
| The act of 1881 permitted all increase Of the
capital stock to s., 500, 600. These ac,s con
tanned no exemption OF property irom taxa
| ton, nor did the act of 1867, which author
lied the company 10 open books for subscrip
ton to build branch roads 10 the amount Of
$25, 900 per mile, nor any other amendatory
act availed of by the company
Under the act of 1885 the road was built to
Halifax one hundred and fifty-four miles,
and by the acquisition Of the Halifax and
Weldon Railroad was extended to Weldon,
making distance Of one hundred and sixty
two miles. The findings show over two hun
dred miles in branch roads Doubtless these, or
some of them. might be treated constituting
parts of the main line in fact, but under the
charter that term is applicable to the line
from Wilmington to Halifax, or TO Weldon.
, a consideration involved in another aspect OF
: the case.
f BY section 50 of the act of 1884. the COM
v pletion Of 'the main line from Wilmington
: to Raleigh within twelve years was required,
but it is insisted that this limitation had no
0 application to the branches; that As 70 the
main line its construction was 4 duty, but as
=, to the branches their construction was SIMPLY
e licensed; and that under the acts of 1884 anc
|, 1885 it was competent for the company a
discretion and at any time, to construc
d branches from any point on its main road Il
lie any direction and to any point within th'
y State. None of the branch roads were elthe
il commenced or finished within the twelv
years. The Tarboro branch it is said, Wa
le built in 1860, and the others. according /
lie the findings, within ten years prior TO Decenl
m Der, 1901 We hud nothing in the record /
indicate that if the Legislature intended I
" empower this company to tessellate the Stat
with hrapCh rooT- HaSITua1 that the
ii should be exempted from the payment {
rs. taxes Whatever effect the acceptance
,e- the amendments and the delay in bulldin
it the branches may have had, it is quite cles
I'D that their immunity from taxation cannot
re- successfully asserted under the circumstance
ess II remains to examine the case as respec
he the road from Halifax to Weldon.
in Under the amendment of 1855 the WI
ter mington Company was at liberty to run
he main road from Wilmington to Raleigh
&C from Wilmington ito some point at or ne
the river Roanoke"
to The Supreme Court held that Halifax W
ty the point on the Roanoke River which,
nee election Of the company, was made the t,
ave minus OF the main road as authorized, insie
the Of Raleigh This followed from the "a
ect that the company only built its road to Ha
ver fax under its charter, and that Weldon "
len Halifax Company under the act of IS
on passed for that purpose.
vor The main road Of the Wilmington Co
pany was exempt but if the Halifax ro
Ugh after its transfer be regarded as a branch
of connecting road, and at all events as in |
ow- not a part OF the main road, then it was
all within the exemption of the charter and
its taxation complained of was not illegal
net must be borne in mind that the Halifax rC
V Of was constructed under ali act of incorpo
| be ton which did not withdraw the property
hat the Halifax Company from taxation
legislature apparently did not consider
zed necessary to hold out that inducement to
1t to building of line between Halifax and "
ton don. and when, for the benefit of these r
,ers. road companies, il authorized the transact
pre- in question, ii NUT be assumed to have d
in this as mattel of favor and not upon
ands consideration Of benefit to the public by
de- creation of what had already been brou
said into existence without any special relt
ctors from common burdens.
true The act of $50 was an act, as its
said stated, empowering the Halifax and Wei
Railroad Company to subscribe their St
Ian to the Wilmington and Raleigh Raill
was Company" This was to be done upon ,
rs to terms as might be stipulated between
were two companies, and the terms agreed on
d the the payment of the Halifax Compa
those debts the transfer Of It's assets and the
tion, OF certificates to lis stockholders Of their
ches. peCtive number of shares in the WiImu
nfer- Company. Upon that subscription
COM effected, the act provided that all the 2
d the erty, real and personal, owned and held
raced the Halifax Company should become ve
aging IN and be owned and posse
and by the Wilmington Company.
,ower be owned and held and possessed
of its the said company in the same ma
privi that all the other property, real and pers,
could which has been acquned by the said
rked, pany, is owned, held and possessed" !"
lie i'm that the road of the Halifax Company \
Nc no thenceforward be deemed, to ali intent
H. use we'll criminal as civil, part of the Win
ton and Raleigh Railroad" The right.
onerS, privileges of the Halifax Company t
Ridge upon ceased, and its corporate existence
III all determined. The legal identity of the
e con- mibgtOn Company remained while III
nd for the Halifax Company was DESTROYED,
III the although the transaction was describe
to the the Legislature. in the act of 1873. as a
Grated soiidation It amounted rather to merg
Bal an amalgamation, and need not be he
lpany. have resulted in a new corporation
con- by no means follows that the transfer
ares OF road OF the one company to the other
lall be 1t IN law such an extension of the man
e, and of the latter Is TO bring it within the ex
If any ton from taxation which, as we have
to this was confined to the main road alone.
a taxa main road built by the Wilmington
e Bal pany under its charter terminated at Ha
lie new The prolongation of the line to Wedo
u.e, the result OF acquisition under another
were different aci required 10 be passed in or
= allow this TO be done and not confcrrr
rail- exemption. As already indicated, if tn
les, 81 struction OF the main road could he pres
% y. to have been partially induced by the
made ise of exemption, no such presumption
flom the mere Legislative concession {
consd thofity to obtain existing road
uction, The property acquired, was, indeed
l roads owned, held and possessed by the VII
Dads of ton Company in the same manner as its
at the property, the real estate as in fee simp
of an the personally used and enjoyed. b
for the way in which property is owned and ha
Itt I -.