The state chronicle., 1892-12-15

United States, the full text of which
we publish. The meaning of the de-
cision has been editorially explained in
the CHRONICLE, but we were unable to
procure the opinion Of the court until
yesterday.
81 PKEME COURT OF THE UNITED
STATES
50. 1o-4.-Oc.oher Term 1902.
Tie Wilmington aud Weldon Railroad
Company, Plaintiff in Error
Agaas,
l. l. Alsbrook, Sheriff Of Halifax County,
North Carolina.
In error to the supreme Court Of North
Carolina
[Decembel Z, Isq2.
This was an action brought in the Superior
Court Of Halifax County North Carolina by
the Wilmington and Weldon Railroad Com
panv. 10 restrain the sheriff Of that county
from collecting Ger ain taxes assessed on so
much Of branch road dof the plaintiff, known
a, the Scotland Neck branch as lay therein,
and on that part Of the plaintiffs road which
formerly constituted The Halifax and Weldon
Railroad, and the rolling stock used with said
roads The plaintiff was incorporated under
an act Of the general assembly of North Caro-
lima, approved January 5, 1884, entitled An
act to incorporate the Wilmington and Raj
eigh Railroad Company. X. 5. n. c. U637),
volume II. PIP. 335 347 BY the first section
OF this act, commissioners were designa ed
for the purpose OF receiving subscriptions tc
an amount not exceeding eight hundred thou
sand dollars in shares of one hundred dollar.
each, TO constitute a ont capital stock fo
the purpose Of ettecting a communication b,
a railroad, from some point within the tow
of Wilmington, or in the immediate neighbor
hood Of the said town, to the city of Raleigh
or in the immediate neighborhood of the saiC
city, the route of which road shall be deter
mined on by the company hereby incorpo
rated. The first twenty sections of the &C
relate TO the main line thus described.
The nineteenth section is as follows
That it shall and may be lawful for tn
said president and directors to determin
from time to time what installments shall b
paid on the stock subscribed; to purchase wit
the funds OF the company, and place on tn
said railroad constructed by them, all m;
chimes, wagons, vehicles, carriages and team
OF every description whatsoever which ma
be deemed necessary and proper for the pu
pose Of transportation; and all the proper
purchased by the said president and director
and that which may be given to the compan
and the works constructed under the authori
of this act, and all profits accruing on Il
said works, and the said property shall
vested in the respective shareholders of t
company, and their successors and assig
forever, in proportion to their respecti
shares; and the shares shall be deemed pt
sonal property, and the properly of said col
pany, and the shares therein shall be exem
from any public charge OF tax whatsoever.
The twenty-hrst, twenty-second, twen
third and twenty-ffth sections read thus:
SEC 2I. That the stockholders in gene
meeting may. if they think fit, resolve
construct a branch or branches to the m;
road, to be connected with the main road
such point or points as they may determi
on, and to lead in such direction, and to 81
point or pouts as they may think best a
in order that we may do so, the said sto
holders are fully authorized to cause books
be opened tor subscriptions to the said late
road or branch Of the main road; and the s
scribers for stock shall be subject to all
rules previously made by the company,
become members of the company with
exception only. viz: that the stock subscr
by them shall be faithfully and honestly
piled to the construction OF that branch
the road for which they subscribed it;
he subscribers for the main r.
and the branches shall constitute
one company; and their rights
property and estate shall be in comm
and not separate: Provided however I
10 ita1 Of Suhc
not exceed cne million Of dollars.
sec 22. That all the powers, rights
privileges conferred by the preceding secti
upon the said company, in respect to
main road, and the lands through whcl
may pass are hereby declared to extent
every respect to the said company, and
president and directors thereof in the la,
out, IN the construction, and in the use
preservation Of said lateral or branch ro
Sec. 23 That it shall and may be
ful for the said company to construct bra
70 the main road as aforesaid under the
strictions aforesaid, so soon as the main |
has reached the point at which the bra
road is inted to be Joined with the main r
but they shall not, under any pretense W
ever, apply the funds Of the company to
construction Of a lateral or branch road
til the main road is completed except
be subscriptions specifically made for
branch or lateral road
sec. IS. hat where branch or la
road 10 the main road is shorter than tw
miles, no other person or company shall
authorized and empowered to build a rail
from any point near its termination. so
ntersect with this main road in order t.
ure this company"
Section 24 refers to the right to come
intersect with said railroad or any O
branches" and these five sections, ou
ihrty-eight in all, relate to branch road:
On December Is, 1888, an act Of the
eral assembly was approved entitled
act TO amend an act passed in the veal
thousand eight hundred and thirty-three
titled AN act to incorporate the Wilmr
and Raleigh Railroad Company"
Stat. n. c., vol II, p. 348. This
authorized the capital stock of the com
to be increased to any sum not excee
SI,5oo,ooo, and provided that the 5
holders OF said company shall and may
libery to run the main road from some
within or near the town of Wilmingt
some point IN the city of Raleigh, or i
immediate neighborhood thereof or
Wilmington, or near it as aforesaid to
point at or near the River Roanoke il
State, at the election of said stockho
with the view of connecting with the p
burg and Norfolk railroads." that tn
company may be at liberty to lay O
construct any lateral road, under the
and regulations, provided in the afo
act, before or after they have complete
main railroad aforesaid" that it sha
may be lawful for the said company t
chase, own and possess steamboats,, and
vessels to ply and sail from the port o
mington to Charleston, or elsewhere;
take and receive for the use of said com
over and besides the profits allowed
said original act, such sums of mon