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 7
... decisions of the Supreme Court of California . - THIRD . That at the time of the contract between the United States and the company , evidenced by the act of Congress of July 1 , 1862 , and the acceptance of its conditions by the ...
... decisions of the Supreme Court of California . - THIRD . That at the time of the contract between the United States and the company , evidenced by the act of Congress of July 1 , 1862 , and the acceptance of its conditions by the ...
Page 10
... decisions of this Court presently to be cited . The Act of Congress of 1862 . The Act of July 1 , 1862 ( 12 Stat . , 489 , Chap . 120 ) , is entitled " An Act to aid in the Construction of a Railroad and Telegraph Line from the Missouri ...
... decisions of this Court presently to be cited . The Act of Congress of 1862 . The Act of July 1 , 1862 ( 12 Stat . , 489 , Chap . 120 ) , is entitled " An Act to aid in the Construction of a Railroad and Telegraph Line from the Missouri ...
Page 28
... Decisions of this Court . We are not left to grope in the dark through this long series of statutes in search of the principles of construction to be applied to them , or of the true re- lations between the government and the companies ...
... Decisions of this Court . We are not left to grope in the dark through this long series of statutes in search of the principles of construction to be applied to them , or of the true re- lations between the government and the companies ...
Page 44
... decision of the Court , and cannot now , we submit , be relied upon in support of the Government's position here . In Pacific Railroad Removal Cases , 115 U. S. , 1 , it appeared that in 1880 , under the provisions of the Act of 1864 ...
... decision of the Court , and cannot now , we submit , be relied upon in support of the Government's position here . In Pacific Railroad Removal Cases , 115 U. S. , 1 , it appeared that in 1880 , under the provisions of the Act of 1864 ...
Page 71
... decisions were affirmed by the Supreme Court ( 117 U. S. , 129 ; Id . , 139 ) , and have been fre- quently approved since . In the case of Tennessee v . Whitworth , it seems to have been expressly held and treated as the settled law of ...
... decisions were affirmed by the Supreme Court ( 117 U. S. , 129 ; Id . , 139 ) , and have been fre- quently approved since . In the case of Tennessee v . Whitworth , it seems to have been expressly held and treated as the settled law of ...
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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...