The Montgomery advertiser., 1907-07-14

ono where it 10 to be perf0fmeo, enter
 :na s. aa. psss snSses S t s ssr SS
 comins 7ntc -hH the 'assr ssste sndy snd yssaElns
 sSns,acts sSn1 ct doe. not therefore deprive
 the ' iaxs s" or ,rsspslr @ s'a 'tSs SbiisstiSn Of %
 their contracts. The state, ordinarily.
 son s ns sn a pi to
 after the Evaporation has entered ths
 state. by ! law suos:dusntsly Hssrss, enacted court az the reason tpr the passage Of In view of the considsratiou that no
 risht of fcreian corpor;ntiion p;ni cum. is m.
 stances. by the states refuaing to al-
 low 1t to continue to do business 9 its borders, the Supreme Court has held.
 no nodss s.c 'ssS eonsssatioasi aishss ss eurs
 eourss. GO SSapefsat'0sah shst shs sat. may compel
 foreign cofporation "so . abstain st na tr.g tromg
 .:. t: Tsdss: S sss ssa dS 0ss any
 reasons for its action. "the fact that
 1t may give what some may think 2
 Dcgr tsasG% ss Sns ai LIT. a @
 Company VI. Prewitt. 2o2 U. g.. s63. This was held in reference to al,,,t,ns saasTts
 of kentucky. which: witnou. ~ s reauir.mE tnr EVE
  efSl court, merely said to the foreign corporation, if 1t chose to exercise its rieats to resort to the Federal court. its right to ,do-further business Tn the an1 reasoning of .that decision, II bas- ed upon tho consideration that the cor. poration, having acquired no vested rfeht to do business In the state, vas subjAct to the exercise by the state ot thor for . good or bad reason. That case dealt solely with the expulsion Of afi insurance company, which was doing business In the State simply by the
 upon no othsr phase Of the right of the foreign corporation to remain In the State, under other circumstances. It was not treating of any question:. ef the forfeiture of property or ., vested of the right to uss its property in . particular business. when. the property
 was purchaesd by : corporation. under
 special lawt relating to It. and from use was the thinx which gave 1t value StatA May Aban1en CT Lese @iGht To Expet . Fersi0n CofDoxatlon at Pleasure. j3 Plainly. there h nothing in what was actually decidsd in Insurance Company v. Prewftt. supra. er In its reasoning, which conflicts with the long end un- broken line of decisions of the Supreme Court. up to it's last sitting, that ( State may by its course of conduct to- self from exercising this arbitrary Sov- ereign preroEative in particular cAsee: and that by force Of contracts ana completed trsneActions. made under the rights of property may be created In the foreign corpofAtion. which the Combination of the United States pro- tects against in1pairment or defeAt. by | A --LA F~- zl- A tA HAs .
 sovereign or political right of expii.
 sion. q distinguished from the legal
 right of expulsion for cause. Do not
 both conditions concur here? Davis Y.
 Gray. 1s wallace. 2sa:
 wa must recall the circumstances and conditions under which the foreign cor porations entered the state. and ac- auired the property the uhe of which
 tns t. statute sseks tc prevent, Pst.. u,... Which CempIainants .Ac9uirea
 veeteA Hl9htn in Alabama.
 Apart From the facts stated in the
 bills. the court judiciaily knows that | railroad system. then in it's infancy. lay in dilapidation and ruin. The building of more railroads was vital to the vel fare of the State. Of home capital.
 Woad not wSous better ity than the new railroads could give. Hence. the State lent railroads its credit. and further encouraged their building by aVcwing counties. cities
 ters and dinioulties which this legisla-
 tion entailed upon the State and people. are Q part of the history of the times. as we'll as the conditions existing for trated all kinds. of enterprise.
 The operation of these laws left the State and municipalities in debt. with few important lines of railway built. others partly completed. and all poorly dtscountenanced further State and mu- nicipal aid. the laws were repealed. and
 prohibition put in the Constitution against such aid in the future. As utSe @ E DocSments Aeesa senats Journal aTee of 1s94-s5. page 5S. that many of our railroads are in the hands of receivers. and 1t has been a struggle on the part of others to prevent a like fate"
 Three years before. the Legislature. in view of the need for more railroads, the completion of the unfinished roads. and the renovation and betterment of existing systems. sought to induce for eien railroad corporations to aid in the out to them the promise of the enjoy men of large powers and privileges. if they built. leased or aided. and oper- ated railroads within this State.
 ys isiAture enacted. whenever all the cap ltal stock of . domestic railroad cor. poratton ts owned by a foreign cor poration. the domestic corporation might sell and convey to the foreign corporation. "all of it's property, road beds, rights and franchises" and that the railroads so purchased should be subject. in all respects. to the laws of the State, as if owned by domestic cor porattons." It was also enacted that any foreign corporation might sub scribe to the capital stock of any other company .or otherwise aid 1t in the construction of Its road, for the pur-
 pose Of forming connection with it, and that foreign railroad corporation
 might lease or purchase any part or all
 Of any railroad constructed by any other corporation. If the lines of such
 roads were contiguous or Connected. Foreign corporations were also author ized to aid railroads chartered under the laws of this State. "in the con struction, renovation or operation of their railroads" by the endorsement of their bonds ,or by guaranteeing the rental in the lease of such railroads. on any terms agreed upon by the re- spective boards of directors.
 Foreign corporations owning and op- erating any railroads here were also authorized "to purchase at Judicial sale
 or otherwise. or lease or hold and use.
 any domestic railroad, or to acouire
 the whole or use all or any part of the capital stock. or of the property. road
 beds. rights and franchises of any raii. nu
 road corporation in this State whose
 railroad. the road of the for eign corporation or it's predecessor in interest shall be conneofad atthar