Page:Federal Reporter, 1st Series, Volume 3.djvu/728

 W. «• IJQLEaBAFH CO. V. V. f. KT. 00. 721 ���Westbbn Union Telegraph Co. ». Union Pacifio Eailwat Co. and others. �{Circuit Court, D. Zansas. OctolacT 1, 1880.) �1. " Pacipic Railkoad Acts "— Obugation to Construct astd Opehatb �A LtNE OF TaiiEGRAPH. — On the face of the acts of congiess of 1862 and 1864, called the " Pacific Railroad Acts," the, obligation of the Union Pacific Railroad Company and its branches, to build and oper- ate for the public a telegraph line along its right of way, was an ob- ligation which they cannot abandon. �2. Aoï op JoLY 2, 1864. — By the provisions of the fourth section of the �act of July 2, 1864, entitled " An aot for increasing the facilities of telegraph communication between the Atlantic and Pacific states, and the territory of Idaho," the Union Pacific Railroad Company and its branches were authorized to devolve the duty of constructing and operating the contemplated line of telegraph upon the United Btates Telegraph Company, and thereby to relieve themselves from that duty. �S. COBPOBATIOlî — RECOGNITION BY CONGHES8 OF AN ImPERFECT OK IN- COMPLETE Okganization. — If the United States Telegraph Company was not regularly and completely organized at the time of the passage of the last-named act, the congress of the United Btates could adopt this Iraperfect or iuchoate orgtnization; and, if it was the purpose ûf congress to do so, confer upon it ail the powers specifled in said act. �4L Injunction — Motion to Dissolve. — Without flnally deciding. upon this hearing, whethei' the power to make the contract in question can be derived from the act of July 2, 1864, it is hdd, in view of the vast interests involved, and the serious consequences to foUow a dis- solution of the injunction, that for the purposea of this motion there is sufficient evidence of such authority under that act. �S. Acceptanoe of Pacific Railboad Acts bt State Corporations. — State corporations accepting the provisions of the Pacific liailroaa acts are subject to ail the provisions thereof. FoUowing the iSink- ing Fund Cases, (99 U. S. 700.) �8. Contract — Dibbctors— Personal Benbfit or Advantage Becured To Officbrs op Corporation Conthacting. — As a general proposi- tion, where one of a body of individuals jointly interested in a matter consents to take a special advantage to liimself, and receives a special consideration for using his efforts to procure an agreeraent of the whole for the benelit of a third party, if such receipt of special advantage, whether of money or property, be kept secret from his copartners, or joint stockholders, or those interested, and they act upon the belief that he is governed by no other interest than that which is common to them ail, the contract is void. But there are cireumstances in connection wîth the contract in question in this case v.3,no.l3— 46 ����