Page:Federal Reporter, 1st Series, Volume 4.djvu/298

 284' FEDSBAIi BBPOBTBB. �concerned, or any other that I know of, ît vas a valid organ- ization. �It is Baid, nevertheless, that the act of 1868, which author- izea the counties to take stock in railroads, was wholly void, bficause this railroad was not organized according to the law as it then stood; but that act of 1868 was a continuing act — •was not made with reference to this. There were railroad corporations then in existence to -whom it might apply, and it would apply to any future railroad corporation properly organized. Therefore, that act of 1868 authorized the county of Pueblo to subscribe to the stock of a railroad properly or- ganized in 1873; as it did at the time, 1874. �I think, therefore, ail the objections taken to the bonds on account of the invalidity of the subscription are ineffectuai ; and as that is the only question, the demurrer will be sus- tained, and plea held bad. �An appeal bas been taken from this ruling to the United States supreme court. ���Westeen Union Tbleseaph Co. v. Kansas Paoifio Eailwat Go. and others. �{District Court, D. Cùlorado. , 1880.) �L Railboad— Tet-boeaph Feaschise — Conteact.— A railroad, author- ized and required by the act of its organization to construct a tele- graph Une, entered into a contract with a telegraph company for the construction of such line. Hdd, such contract could not be avoided by the railroad company, either as a usurpation of its function or for want of capacity to make it. �a. Bame— Same — Sajœ— Iii-EGAL Clatjsb.— A clause of such contract contained an agreement, upon the part of the railroad company, not to transport men or materials for any other telegraph company at less than the regular rates for passengers and freight, and not to give per- mission to any such company to erect another line on its lands or roadway. Hdd that, if such clause was void, as in conflict with the act of 1866, aiding the construction of telegraph lines, it could be eliminated from the contract. ' ����