Fitzgerald enterprise. (Fitzgerald, Ga.) 1895-1912, 1907-03-16
Petition for Charter.
To the Honorable Secretary of State,
of the State of Georgia.:

of the State OF Georgia:
J. W. Garbutt, F. J. Garbutt, T. Wi
Garbutt, M. W. Garbut4 and b. j.
Reid, holders and owners of the en-
tire capital stock of the Fitzgerald,
Ocmulgee & Red Bluff Railway Com
pany, having recently been advised
bv counsel of the provisions and re-
ouirements OF law contained 10 Sec
ton 2166 of the civil code of Georgia,
of 1895, feel it their duty to report
the facts, which are as follows:
On Nov, 9, 1901, there was issued
to said The Fitzgerald, Ocmulgee q
Red Bluff Railway Company, under
the Great Seal of the State, Ger
tificate of Incorporation in the form
prescribed In section 2161, of the Vi
vii Code ofIGeorgia incorporating the
said The Fitzgerald Ocmulgee & Red
Bluff Railway Company with Capt.
tai Stock of Two Hundred Thousand
Dollars, 1920, 900 COY as mentioned in
said Certificate, for the purpose of
constructing. equipping, maintaining
and operating a railroad from Fltz.
geraly in northeasterly direction,
crossing the Seaboard Air Line Rail-
way Company at or near Queensland.
Wilcox Co, Georgia, and continuing
across the Ocmulgee to Helena or
McRae, in the county of Telfair, said
state, and thence to Red Bluff, Mont
gomery County, Georgia, distance
eff about fifty miles And thereafter
said company constructed, equipped
and put in operation thirteen miles
of said road, extending from Fitzger-
aid in northeasterly direction,
crossing the Seaboard Air Line Rail
way at or near Queensland, Wilcox
County, Georgia, and continuing
thence to the Ocmulgee River, but
on account of the fact that 1t was
found that it would cost very large
sum to bridge the Ocmulgee River,
and the Company was not possessed
of the requisite funds, the road was
never extended across the Ocmulgee
River or beyond said river, and at
the expiration of said two years said
Company had not constructed, equip
ped, nor was said Company operat-
ing the road for as much as fifteen
miles, nor did said Company apply
for or obtain relief from forfeiture
provided for in the aforesaid section
2l66 of the Code of Georgia of 1895, or
obtain an extension of time for con-
structing, equipping and operating
fifteen miles of road in accordance
with the Act of the General Assembly
of the State of Georgia, approved
August II, 1903, amending said Sec
ton 2166 of the Code of Georgia of
1895, (Acts of 1908, pages 81, So, 36)
Nor did said Company construct,
equip or operate fifteen miles of said
road within the two years additional
which might have been allowed had
application been made therefor and
cause shown, nor has said Company
ever constructed or equipped or OPP
perated as much as fifteen miles of
said road, and there is not now con-
structed or equipped or in operation |
as much as fifteen miles of said road,
and there has not been at any time. |
The requirements of Section 2166 !
of the Code of Georgia aforesaid have
only recently come to the knowledge
of the said The Fitzgerald, Ocmulgee
& Red Bluff Railroad Company, or
it's officers or stockholders. Upon
the same being called to their atten
tisn, they were advised by counsel
and believe that the powers and
privileges of said Railway Company
and said Certificate of Incorporation
of said Railway Company have ceas-
ed and determined, and that it would |
be unlawful for said Railway Com |
pany or it's officers or stockholders |
thereof to longer exercise or attempt |
to exercise the powers and privileges
of a railroad company, or longer to |
operate under or claim the privileges
and franchises originally vested in |
said Company under and by virtue |
of sail Certificate of incorporation.
They have no desire or willingness |
to violate the law, or act or attempt |
to act as a railroad corporation with. |
out authority of law, and what they
have done heretofore, since the char |
ter expired, they have done unwit- |
tingly and in ignorance of the pro- |
visions of Section 2l66 of the Code.
Wherefore, the stakeholder of said |
Company, to-wit: j. w. Garbatt, F. |
J. Garbutt, T. w Garbutt, M, W. |
Garbutt and B. J. Reid, holding and |
owning all the stock of said Com
pany, for themselves and in the name |
and behalf of said Company so far as |
said Company still has legal exist !,
ence, file herewith their remuneration |
of all the powers and privileges of |
a railroad company and all corporate |
rights and franchises under and by |
virtue of the said Certificate of In
CORPORATION, and do announce and |
declare that the said The Fitzgerald,
Oemulgee & Red Bluff Railway Com
pany will not longer claim or exer- !
else any powers, privileges or fran
chises of a railway company, or uu-
dertake to do or carry on the bust
ness of a railroad company, or ope
rate under said Certificate of Incor-
poration. Nor will the stockholders
thereof 60 act in the name of said
Company, or otherwise, or permit
others so to do, but they hereby re-
nounce and surrender all corporate
rights, franchises, powers and privi-
leges as a railroad company. or as
a corporation. Aud as speedily as
may be will sell off the property and
hold said property and proceeds
thereof as trust fund for the future
payment of debts and thereafter for
distribution amongst the Stockhold
ers in proportion to the shares of