The Caucasian. (Clinton, N.C.) 188?-1913, 1897-02-18

foreign corporation purchase or owl
. majority of the stock of any com
pany organized under the laws O
North Carolins and empowered by 1T
charter to construct any new line o
railway or to operate as carrier O
freight and passengers any line of~rail
road already wholly or in part con
structed unless said non resident cor
poration shall first obtain 4 license Il
hereinafter provided.
SEC. 2 That on and after the hrs,
day of May, A. D. 1897, any non-resi
dent corporation which may propose tt
hold and operate or to continue to hole
and operate either As owner, lessee Of
holder and controller of a majority o.
the stock thereof, any railroad corpo
ration organized under the laws Of
North Carolina, shall apply by petit
ton addressed to the Secretary of State
of North Carolina for q license to exer
else such privileges. Such petition
shall be accompanied by a fee OF flvt
hundred dollars, and shall contain .
proposal, authorized by said foreign
corporation, that il the said license
shall be granted to it, it will at all times
keep an agent within the State upOT
whom judicial process may be served
(the name of which agent, and of any
successor appointed by said corpora
ton, shall be furnished to the Secretar,
Of State, and by him kept for the infor.
nation of the public) and will submit
to the authority and final Jurisdiction
of the courts Of North Carolina the
determination of all controversies be.
tween the petitioner and the State OF
0th
or artificial person resident within said
State, by the courts of said State, and
will not apply by petition for removal
OF any such action from q court of this
State to Federal Court, nor bring any
action in any Federal Court of Origi.
nal jurisdiction against q person natu.
raj or artificial, who may be, at the
tire Of bringing such action, resi-.
dent IF this State. Upon the filing OF
such petition, with satisfactory evil
dence that the proposal embraced
therein is authorized by the corpora
tiun applying for the license, the Sec.
rotary of State, with the written ap.
prevail of the Governor, shall issue ii.
""nee attested by the great seal of the
STATE granting authority to such cor
porat:on to do business within this
State for period of thirty years. as
owner Of the franchise and propert
or majority of the stock, or as lessee
of any corporation organized unde,
the laws of this State, upon condition
expressed therein, that said license
shall be at all times revocable by the
Legislature of North Carolina in ITS
discretion; or by the Governor or Sec.
rotary of State in pursuance of law.
SEC. 3. That it shall be the duty OF
the Governor or the Secretary of State
upon satisfactory information made r.
either, that any foreign corporation has
engaged in business or voted stock OF
any railroad company operating in this
State, in violation of this act, or has
violated, or has aided and abetted in
the violation of any provisions of the
act of Congress entitled IAN Act to
Regulate Commerce." approved Febru
airy 4, 1887, or of the act of the General
Assembly of North Carolina claws OF
1891, chapter 320) creating the Railroad
Commission in the State of North Car
Olina, or of the laws amendatory
thereof, to bring an action in the name
OF the State and in the nature of ann
ararrdnto in the Superior Court of Wake
county to vacate and annul such Ii
cense. Upon finding that such for
eign corporation has been guilty of q
violation of any provisions of this act
or of the aforesaid act of Congress. or
the aforesaid statutes of North Caro-
lima providing for the creation of and
defining the powers and the duties f
the Railroad Commission of North Car
DINA. it shall be the duty of the courts
n0NyAP0 q n - nd Z hok
Issued TO such foreign corporation be
vacated and annulled, and it shall be
the further duty of the judge to order
mat q copy OF such finding and judg-
ment be certified to the Secretary of
state. Upon the rendition of such
Judgment shall be the duty of the
Governor OF the State to publish his
proclamation In at least three dailv
papers published in the State of North
Carolina for thirty days, announcing
the revocation of such license. Neither
the Governor nor the Secretary of State
shall be required to give an undertak-
ing or bond to secure the cost of any
action Instituted under the provisions
OF this section. The cost of prosecu-
ting the said actiong, together with the
fees OF counsel employed by the Gov
ernor or Secretary of State, shall be
paid out of any money in the Treas
9ry not otherwise appropriated, by the
treasurer, upon the order of the Gov
ernor; and the court wherein such ac-
ton shall be tried, shall, when the
State prevails, make and give judemen NJ
Ior an allowance 10 reimburse the
state for the expense of the action. in
cludlng costs and counsel fees and
such Judgment shall constitute a lien
preferred to all other liens unon anv
property of such corporation which
may be subject to sale under execution
under the Jaws of this State.
SEC: 4. That where any action shall
hereafter be brofh under the provis-
ions OF this act, Or of any other law. or
Wnere any action is now pendino
>other than criminal prosecutIonl ie
which it shall appear that the state ia
interested. whether brought under tho
authority Of this act or on the relation
u State officer, or by citizen or tax.
payer, or on behalf of the people- snch
action shall be advanced on The trial
1ocket OF the Superior Court and m
me docket of the Supreme Court ana
'rled or heard in preferences to .rv
other civil action; or upon reone.t ~
ne Governor without Awaiting the dis.
positlon OF criminal docket of a court
u District, as the case may be
SEc. 8: Any non resident corpo, alton
.hicn snail, on or after the first dav IF
Nay, A. D. 1897, violate the frat section
u this act, or shall continue to do hms;-
less as corporation within this Ststa
u UNDERTAKE to vote stock in anv rail,
oao corporation of this State after the
evocation Of its license in puasn, nee
4 the provisions of this act an. II he
UNITY OF misdemeanor every day that
may 50 continue to do business in |
lolation OF law, and upon conyiction |
hereof shall pay fine Of not less than |
ne thousand dollars nor more than
nlee Thousand dollars. Such indict-
'en' snaA oe tried IN the Superior or