Fitzgerald enterprise. (Fitzgerald, Ga.) 1895-1912, 1907-04-04
Petition 70 Charter.
To the Honorable Secretary of State,
nfiha Stale of Georgia.:


tire capital stock of the Fitzgerald,
OcmpIgee & Red Bluff Railway Com,
many. having recently been advised
bv counsel of the provisions and re-
ouirements OF law contained sec
ton 2166 of the civil co of Georgia,
of 1895, feel it their duty TO report
the facts, which are as follows:
On Nov, 9, 1901, there was lssued
to said The Fitzgerald, OcmuIg"e q
Red Bluff Railway Company, under
the Great Seal of the State, Ger
tificate of Incorporation in the form
nrescribed in section 2l61, of the Ci
vii 90, of Georgia incorporating q
said The Fl zgeraId Ocmullee & Red
Bluff Railway Company with Capt.
tai Stock of Two Hundred Thousand
Dollars, 1920 600 COY as men Toned in
said Certificate, for the purpose OF
constructing equipping, maintaining
and operating a railroad from Fiz-
geraly in a northeasrerly direction,
crossing the Seaboard Air Line Rail
way COMPANY at or near QueeDs'a' q.
Wilcox % Georgia. ana continuing
across the Ocmulgee to Helena or
McRae. in the county of Ttltalr, said
state. and thence to Red b uff, Mont
gomery County, Georgia, distance
ef about fifty miles And thereafter
said company con -tructed, equipped
and put in operation thirteen miles
of said road extending from Finger
aid in northeasterly direc ION,
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 it was
| found that IL 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
ned. nor was SAID Company optrat-
| 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
I2l66 of the Code of Georgia of 1885 or
obtain an extension of 1im9 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
| ZION 2lG6 of the Code of Georgia OF
1876, ,cts of 1903. pages "a 30 36)
| Nor did said Company construct,
equip or operate fifteen miles of SAID
| road within the two years additional
which migut have been Above q had
| .DDIication been made therefor and
cause shown, nor has said Company
ever constructed or equipped or OPP
ne ated AZ much as fifteen miles Of
said road and there is not now con-
structed or equipped or in operation
as much as titteen miles of said road,
and there has not been at any Time.
| The r. uuirements of Section 2l66
OF the Code of Georgia aforesaid have
ONLY recently come to the knoWl' dge
/ 70 the said The Fitzgerald, Ocmulgee
& Red Bluff Railroad Company, or
lts officers or stockholders Upon
the same being called to their atten
tisn. they were advised by connsel
and believe that the powers and
| privileges of said Railway Company
and said Cert ficate of Incorporation
of laid Railway Company have ceas-
ed and determined, and that 1t would
be unlawful for said Railway Com
| pany or it's officers or stock holders
thereof to longer exercise or attempt
to exercise the p wers and privileges
If a railroad company, or longer to
operate under or claim the privileges
and franchises orr inally vested in
said Company under and by virtue
Of sai Certificate of inco poration
| Thew 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 nnwlt
tjngly and in ignorance of the pro
Visions of Section 2 66 of the Code
Wherefore, the stock holder of said
| Company, to-wit: j. w Garbatt, F.
!. Garbutt, tt w. G rbutt, NJ, w
Garbutt and B. J. Reid, holding and
owning all the stock OF said CON-
panv. for themselves and in the name
and behalf of said Company so far az
said Company still has legal exist
ence. file herewith their remuneration
of all the powers aud 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 ana
declare thai the said The Fitzgerald,
| Ocmulgee q Red Bluff Railway Com.
pany will not longer claim or exer-
else any powers, privileges or fran
chises of n railway company, or IN
dertake to do or carry on The bust
ness of railroad com oany, or ope-
rate under said Certificate OF lncor-
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-
uource and surrender all corporate
rights, franchises, powers and privi-
leves as a railroad company, or as
corporation. And as spec Oily as
may be will sell off the properly 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 proportio to the shares of
Stock held by them.
witness their hands and seal this
9th day of February, 1907.
O ID \ LA II 81