Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-02-20

~ contract, 10 such an extcnt that no
repeal or amendment NJ tic act could
remedy tho matter II the net should prove
mischlevous,
70 these questions answers were
made by the attorneys which demon.
stratod In the cleafest possible manner
that the assumptin male In the
circular Of the Traffic association were
entirely erronu us. The substance Of
the reply Is that senate bill 800 IL not
new. such interstate cons ilidati0ns
existing east OF the Rockies in number
and similar bills having been enacte }
by many states. The powers aud
duties oil such n consolidated corpora
ton have been Investigated over aud
over again and there are hundreds Of
United States Supreme Court deci.
stone, each one directly corrUboraung
the others, that the status If corpora
tiou consolidated pursuant TO the laws
OF two or mtre states Ia the same rs
that Of a company Incorporated IN aud
by each OF sucn states, and when
acting ~ n corporation In either OF the
states II does 10 under the charter OF
that state and Is amennble 10 its
constitution aud by.lsws.
planned OF ia iho circular OF the
executive committee, the bill expressly
provides that tho original articles Of
Incorporation OF fuch consolidation
must specify "the term for which II
IL TO exist not exceeding fifty years"
So far ms the all ged protection ex-
tended 10y the Constitution OF the
United States, under the sanction OF
contract, TO the extent that no repeal
or amendment OF the act c0ulu remedy
the matter II the act proved mischiev-
Gus, IL concerned, the attorneys say
the Supreme court Of the United
States has decided that any corpora
ton organized under tho laws Of this
state IL subject TO the provision OF the
state constitution which declares that
the general laws under which corpora.
tom are chartered may be altered from
time 10 time or repealed, and this con-
siituiional provision applies No well to
corporation Of this state consolidated
with u corporation OF another state ~
to any other corporation.
On receipt Of these answers tho di.
reciors OF the San Francisco and
Great Salt LAKE road Individually and
Jointly requested Barry Baldwin to call
"A meeting OF the executive committee
of the rraillc Association In order to
reconsider the resolution adopted by
that body In regard to Senate Dill 800.
The request was granted and the
meeting was held on "Wednesday after
noon. Alvin Hayward, Il. L.. q.
Steele, H.. II. Preston and the att0r-
neys tor the company were present
anu long and clear explanation Of
the facts was read. At this meeting,
too, the Tact was mentioned incident.
ally that the Southern Pacific Com.
pauy would not benefit In any way by
such an act, would have no object Ia
consolidating under II, and even II II
did benefit the Southern Pacific com.
pany, that was no reason why another
railroad company should be deprived
OF help In carrying out Its projects.
a committee OF three WAS then up.
pointed by the Traffic Association 10
reconsider the resolution aud report 10
the executive committee. The three
gentlemen are Thomas Il. Barry, John
4. Doyle anu Barry Baldwin, anu It
Ia more than likely that they will
recognize the fact that tho resolution
was a mistake and will rescind II.
The passage Of the net will enable
the san francisco ana Great Salt Lake
to bring the whole OF ils proposed road
under ope consolidated company, nnd
50 to Issue blanket mortgage covering
the whol- line and aiiording security
for all the bonds.
Mr.. Steele stated yesterday that
over $4,000 has been expended IN
surveys iiom this city to bakersfield,
and thence northeast TO the state line,
u distance OF 800 miles. OF these So
miles SOL have been etaked out and
are ready for bids, while olosc esti.
mates have been made on the entire
road.
That the bill will pnss seems very
likely indeed. Should II not pass the
whole plan OF this or any other trans.
continental road would have to be
The idea has been sug.
yested that II had been framed with "a
Wow 10 aiding the Southern Pacific
Bearing IN mind VINO II
Is that drafted the hill, by whom II
was presented in the Senate anu the
legislature, and the tecrVcy with
which every hing was prepared before.
baud, It is maniiestly absurd that