The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-30

ion requiring legislation to give it effect is,
until such legislation is had, Intellectual,
and that a statute which is too indefinite
to give reasonable and practicable opera
ton to the constitutional provision is as if
it had not been enacted.
1.-THE whole scope and tenor of the leg
islation, constituting
the contract under Personal Liability
which the line of Not Contemplated
railroad and tele- by Congress.
graph was construct
ed, in consideration of which the bonds in
question were issued and loaned to the
Central Pacific Railroad Company of Cali
fornia and the Western Pacific Railroad
Company respectively, Enthusiastically show
that no personal liability of the individual
stockholders was contemplated, either by
the United States on the one side, or the
railroad companies and their stockholders
on the other side.
wherever, in its undertaking to secure
the building of the road and its connec-
tons, Congress granted aid, whether in
rights OF way, station grounds, lands or
bonds, to any railroad com pany, it granted
it upon precisely the same terms and con-
ditions that it granted similar aid to the
other companies mentioned in the act
Each and every company to which aid was
extended was put, in respect to such aid,
upon exactly the same footing. If there is
anything clear in the provisions of the
statute upon the subject, it is this fact.
"True, the Central Pacific Railroad Com
pany and the Western Pacific Railroad
Company were incorporated under and by
virtue of the laws of California; but Con-
gress, in and by its
Congress ADOPTED legislation, adopted
the R0nds as them as instru-
instruments. ments in the execu-
ton of its purpose
to secure the construction of the road the
country needed, and conferred upon them
| certain powers, rights, privileges and i'm
munities independent of and wholly apart
|, from those derived from their State char
tiers. Whether or not the State of Califor-
MIA could have objected to that action OF
Congress it is not important to inquire. So
far from objecting, the State assented
| thereto, and as far as it could, ratified and
| confirmed the action of Congress in the
| premises. (Cal. Stats. 1863-64, p. All; Sink
| ing Fund cases, SO U. s., 1857
I'm the case last cited the Supreme
ter of the Central Pacific Railroad Com.
pany of California, said that no power was
thereby granted to build any road outside
the State, or in the State, except between
the termini named, but that by the act OF
| 1852 Congress granted this corporation the
right to build road from San Francisco,
or the navigable waters of the Sacramento
River, TO the eastern boundary of the
State, and from
there through the The Railroads
Territories of the accented the
United States until Federal Conditions.
it met the road of
the Union Pacific Company. For this
purpose all the rights, privileges and
franchises were given this company that
were granted the Union Pacific Company,
except the franchise of being o corpora.
ton, and such others as were merely Incl
dent to the organization of the company.
The land grants and subsidy bonds to this
company were the same in character and
the same right of amendment was reserved.
Each of the companies was required to file
in the Department of the Interior its ac-
ceptance of the conditions imposed, be.
fore it could become entitled to the bene-