Page:Federal Reporter, 1st Series, Volume 3.djvu/736

 W. r. TELEGRAPH CO. V. V. P. BT. 00. 723 �show ihat it is the proper succesBor or in any manner enti- tled to the right which congress conferred upon the United States Telegraph Company. The fir^t item of evidence pro- duced by complainants upon that subject is a certified copy of the organization of a telegraph company, under the laws ol the State of New York, styling itself "The United States Telegraph Company." The articles of association of that company, signed by three associates who had taken stock iu it, acknowledged before the proper officer, were duly filed iu the office of the clerk of the proper county; but it does not appear, from anything before us, that the paper itself or any copy of it was ever filed in the office of the secretary of the state of New York ; and it is urged that this objection is fatal to the existence of such a corporation and of its right to make any contract, or transfer any privileges, or rights to any other company. �The question here presented is one in regard to which there exists some conflict of authority in the decisions of the higher courts of other states which have adopted laws similar to that in New York. The state of Illinois, under a statuts very similar, bas decided that the failure to record a copy of the instrument, or deposit a copy of the instrument, in the office of the secretary of state, is not fatal to the validity of the organization. The state court of Indiana seem to have de- cided, in a case very nearly similar, that it is. However this may be, it seems to me that the congress of the United States could adopt this imperfect or inchoate organization, needing nothing but the filing of a copy of its articles of asso- ciation in the office of the secretary of state, and could, if it was the purpose of congress to do so, confer upon it ail the rights and powers which it bas conferred upon the United States Telegraph Company ; and the only question lef t, there- fore, for consideration, is whether this company, of which the articles of association were presented by complainants, was the United States Telegraph Company, to which the act of congress refers. That company, very shortly after these pro- ceedings, took steps to consolidate itself with three other tel- egraph companies, also organized, or preparing to be organ ����