Evening journal., 1911-03-04
LAW PROVIDES
RIGHT OF WAY
Mr.. Richards and Mr.. Has
tineS Quote General In
corporation Law
Bearing on du-
Pont Offer
GENERAL DUPONT AT
LEGISLATURE FRIDAY

Daniel o. Hastings, chief counsel
for the Legislature, and Robert II.
Richards, counsel for General T. Cole
man DUPONT today issued a statement
quoting the General Incorporation
Law to show that any trolley COM
pany, pipe line company or wire COM
pany can obtain a charter from the
Secretary Of State which carries with
it a right to acquire by gift, purchase
or condemnation proceedings a right
of way for such companies.
The bills to carry out the propo-
sition of General dupont are being
drawn by Mr.. Richards and Mr. Hast
ings.
General DUPONT will appear before
joint session of the Legislature on
Friday of next week to explain his
proposition, already submitted in
written form, and to answer any
questions the Assemblymen may put
to him. The Legislature already has
agreed, by resolution, to go into ioine
session any day General DUPONT may
designate to give him a hearing.
Mr.. Richards and Mr.. Hastings in
their statement today say:
Statement. of Attorneys.
Some people seem to have gotten
the impression that Mr.. duPonts pro-
position to the Governor relative to
building road necessitates the
granting Of very valuable franchises
by the State. As a matter of fact,
he asks for nothing that cannot now
be given him under the general cor
poration law, without the consent OF
the Legislature, except that be COM
bines in one strip of land the several
privileges and for that reason asks
that he be permitted to condemn a
Wider strip than is now permitted.
Section l06, Of the General Cor
poration Law, provides that any num-
Der OF persons, not less than five.
may form corporation for the pur-
pose Of building a railway. The ar
ticles Of association shall be present
ed TO Judge Of the Superior Court.
and if they conform to the wv the
said judge is bound to approve them.
They arc then filed in the office Of
the Secretary Of State, together with
an estimated length of such railway;
a deposit Of $500 is made with the
State Treasurer for every mile of the
estimated length. which said $500 Is
returned to the corporation when
the road is built Such a cor
poration may build a road
in any part Of the State running
from the north to the south or from
the east TO the west. Such a COR
poration has authority to enten zion
the lands of any person for the pur-
pose OF making a. survey, provided II
pays Tor any damage done: has au-
! thority TO purchase or condemn land
not exceeding 40 feet I'm width.
1t can readily be seen, therefore
that no special privilege is now be-
ing asked Of the Legislature relative
to the building of a railway.
The General Corporation Law also
provides for corporations desiring to
engage in the business of producing
and distributing steam, heat and
power; for the constructions, main
tenance and operation Of works for
the supply and distribution OF elec-
tricity for electric lights, heat or
power; for the production and dis
tribution of gas, and for the distribu-
ton OF water; for the building of tele-
graph and telephone lines. All such
corporations are given the right Ia
lay pipes on the highways with the
consent of proper authority, such as
the counties and the municipal corpor.
ations. They can condemn land under
certain restrictions.
There are provisions IN the law re-
quiring that these pipes shall not be
land nearer than a certain distance
to each other. The advantage in hav.
ing a wide strip OF. land, condemned
at one time, would Re to permit then
all to be laid on the same strip.
"All of these privileges are now
granted with but little cost to the cor
poration; the only cost being the fee,
to the Secretary of State.
1T can. therefore. be seen tha
really nothing is asked of ,he Stat,
except the power.to condemn and pa,
for a wider strip Of land. The Stat
pays nothing for the land condempe,
and gives up no franchise that canno
now be obtaSned without cost unde
the General Corporation Law"