Page:Federal Reporter, 1st Series, Volume 3.djvu/8

 OASES �AEGUED AND DETERMINED ���IN TES ���IBttM f fato ëixmit mA WxMû (£>mû^ ���Thb Webtekn Union Telegraph Compant v. The TJnioh Pacifio Eailwat Company. �{Circuit Court, D. Kanm». June 30, 1880.) �1. Pleaping — CoEPORATioN. — An averment in a pleading that a corpora- �tion had power to execute a contract, must be taken to mean that it had such power by virtue of the law of its being. �2. Pacific Kaimoad Btstbm— Act of Congbbss, Jult 12, 1862. — The �several state lailway corporations incorporated into the Pacific rail- road System by the act of congress chartering the Union Pacific Rail- road Company, approved July 12, 1862, and which were authorized to construet branches, and received aid from the United Btatea, are sub- ject to the terms and conditions imposed by said act of congress. �3. Same— Telegraph Franchise — The Union Pacific Railroad Company �is wjthout authority to alienate its telegraph franchise, or any prop- erty necessary to the performance by it of the duties imposed by law. �4. Samb— Same— Act op Congbess, Jult 2, 1864, } 4. — But the fourth �section of the act of July 2, 1864, authorizes said Union Pacific Rail- road Company, or any Company authorized to construet a branch of the Union Pacific Railroad, to Iranafer to the United States Telegraph Company, or its successor, the right to construet and operate the Une of telegraph required by the Union Pacific Railroad charter to be con- structed and operated. v,3,iio.l— 1 ����