The United States of America, Complainants and Appellants, V. Jane L. Stanford, Executrix of the Last Will and Testament of Leland Stanford, Deceased, Defendant and Appellee: Brief for Defendant and Appelle1895 - 155 pages |
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Page 1
... 1861 , by the filing of articles of incorporation , as prescribed by the law of that State , to build a railroad from the city of Sacramento to the eastern boundary of the State , a distance of one hundred and fifteen miles IN THE ...
... 1861 , by the filing of articles of incorporation , as prescribed by the law of that State , to build a railroad from the city of Sacramento to the eastern boundary of the State , a distance of one hundred and fifteen miles IN THE ...
Page 8
... building of a railroad from the coast to the eastern border of the State well nigh impracticable , while between that boundary and the Missouri River lay a vast region of territory belong- ing to the United States , as yet a wilderness ...
... building of a railroad from the coast to the eastern border of the State well nigh impracticable , while between that boundary and the Missouri River lay a vast region of territory belong- ing to the United States , as yet a wilderness ...
Page 23
... build , and the Central Pacific to pay for and own the railroad , from the terminus aforesaid to Promontory summit , at which point the rails should meet and connect and form one con- tinuous line . The President was authorized to ap ...
... build , and the Central Pacific to pay for and own the railroad , from the terminus aforesaid to Promontory summit , at which point the rails should meet and connect and form one con- tinuous line . The President was authorized to ap ...
Page 30
... the This aid necessary to build it ; and , SO strong and pervading was this opinion , that it is by no means certain that the people would not have justified Congress if it had departed from the then settled policy of 30.
... the This aid necessary to build it ; and , SO strong and pervading was this opinion , that it is by no means certain that the people would not have justified Congress if it had departed from the then settled policy of 30.
Page 31
... building it were great , and by many intelli- gent persons considered insurmountable . * * * " Congress acted with reference to the state of things believed at the time to exist ; and , in interpreting its legislation , no aid can be de ...
... building it were great , and by many intelli- gent persons considered insurmountable . * * * " Congress acted with reference to the state of things believed at the time to exist ; and , in interpreting its legislation , no aid can be de ...
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Common terms and phrases
16th section acts of Congress agreement amendment amount applied authorized benefits capital stock Central Pacific Company Central Pacific Railroad claim Company of California complete conferred consolidated company Constitution construction construed contract corporation covenant creditors debts and liabilities decision declared dollars eastern boundary enacted enforce exist Federal fornia franchises Government granted held holders immunities imposed individual liability intent interest issued Justice law of California legislation Legislature liability of stock liability of stockholders lien maturity meet and connect ment miles Missouri River mortgage Pacific Ocean Pacific Railroad Acts Pacific Railroad Company paid pany parties payment personal liability personal obligation poration prescribed privileges purposes question railroad and telegraph remedy repayment respect road Company Sacramento Sacramento River sinking-fund Stat Statute of Limitations statutory subsidy bonds telegraph line terms and conditions Territories Teschemaker testator thereof tion Union Pacific Railroad United Western Pacific Railroad whole
Popular passages
Page 13 - That the grants aforesaid are made upon condition that said company shall keep said railroad and telegraph line in repair and use, and shall at all times transmit dispatches over said telegraph line, and transport mails, troops and munitions of war, supplies and public stores, upon said railroad for the government, whenever required to do so by any department thereof, and that the government shall at all times have the preference in the use of the same for all the purposes aforesaid, (at fair and...
Page 133 - ... to secure the repayment to the United States, as hereinafter provided, of the amount of said bonds so issued and delivered to said company, together with all interest thereon which shall have been paid by the United States, the issue of said bonds and delivery to the company shall ipso facto constitute a first mortgage on the whole line of the railroad and telegraph, together with the rolling stock, fixtures, and property of every kind and description, and in consideration of which said bonds...
Page 14 - California had only power to construct a railroad from Sacramento to the eastern boundary of the State. Congress, by the Act of 1862, authorized the company (in the words of the Act) ' to construct a railroad and telegraph line from the Pacific coast, at or near San Francisco, or the navigable waters of the Sacramento River, to the eastern boundary of California...
Page 95 - Dues from corporations shall be secured by such individual liability of the corporators and other means as may be prescribed by law.
Page 11 - Greenwich, between the south margin of the valley of the Republican River and the north margin of the valley of the Platte River, in the Territory of Nebraska...
Page 30 - But courts, in construing a statute, may with propriety recur to the history of the times when it was passed; and this is frequently necessary, in order to ascertain the reason as well as the meaning of particular provisions in it.
Page 119 - It cannot be said that a case is not authority on one point because, although that point was properly presented and decided in the regular course of the consideration of the cause, something else was found in the end which disposed of the whole matter. Here the precise question was properly presented, fully argued and elaborately considered in the opinion. The decision on this question was as much a part of the judgment of the court as was that on any other of the several matters on which the case...
Page 17 - That if said roads are not completed, so as to form a continuous line of railroad, ready for use, from the Missouri River to the navigable waters of the Sacramento River...
Page 98 - The individual liability of stockholders of a corporation for the payment of its debts is always a creature of statute. At common law it does not exist. The statute which creates it may also declare the purposes of its creation, and provide for the manner of its enforcement.
Page 16 - That the several companies authorized to construct the aforesaid roads are hereby required to operate and use said roads and telegraph for all purposes of communication, travel and transportation, so far as the public and...