Fitzgerald enterprise. (Fitzgerald, Ga.) 1895-1912, 1907-03-30
Petition for Charter.
To the Honorable Secretary of State,
of the State Of Georgia.:

OF the SLaI6 OF georgia:
]. w. Garbutt, F. j. (3arbutt, T. Wi
Garbutt, NJ. w. Garbut4 and B. J |
Reid, holders and owners of the en-
tire capital stock of the Fitzgerald,
OcmUlgee q Red Bluff Railway Com |
pany, having recently been advised
by counsel of the provisions and re-
quirements OF law contained sec
ton 2166 of the civil co g of Georgia,
of 1895, feel it their duty to report
the facts, which are as follows:
On Nov, g. 1901, there was issued
to said The Fitzgerald, OcmuIgee &
Red Bluff Railway Company, under
the Great Seal of the state, Ger
tificate of Incorporation in the form
prescribed in ection 2161, of the Ci
vii Ooce of Georgia incorporating the
said The Fitzgerald Ocmulgee q Red
Bluff Railway Company with Capt.
tai Stock Of Two Hundred Thousand
Dollars, 1920 600 COY as mentioned in
said Certificate for the purpose OF
constructing, equipping, maintaining
and operating u railroad from FlZ'
geraly in northeasterly direction,
crossing the Seaboard Air Line Rail-
way Company at or near Queensland,
Wilcox 90 Georgia, and continuing
across the Ocmulgee to Helena or
McRae, in the county of Telfair, said
state, and thence to Red Buff, 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 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
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, 1908, amending said Sec
ion 2166 of the Code of Georgia of
895, (Acts of 1908, pages 81, IS, 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 ia 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 2l66
! of the Code of Georgia aforesaid have
only recently come to the knows dge
TO the said The Fitzgerald, Ocmulgee
& Red Bluff Railroad Company, or
| it's officers or stockholders. Upon
| the same being called to their atten =
| tisn, thew were advised by counsel
, and believe that the powers and
privileges of said Railway Company
aud said Certificate of Incorporation
of said Railway Company have ceas-
ed and determined, and that it would
I 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 orr finally vested in
said Company under and by virtue
of sal Certificate of Incorporation.
They have no desire or Willingness
to violate the law, or act or attempt
to act as q 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 2lG6 of the Code.
Wherefore, the stockholder of said
Company, to-Wit: J. w. Garbatt, F.
| ]. Garbutt, t. w. G4rbutt, 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
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,
Ocmulgee & Red Bluff Railway Com
pany will not longer claim or exer-
else any powers, privileges or fran
chises of q railway company, or un-
dertake to do or carry on the bust
ness of q railroad company, or ope-
rate under said Certificate of Incor
poration. Nor will the stockholders
thereof go 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 railroad company, or as
corporation. And as speedily as