Page:Federal Reporter, 1st Series, Volume 5.djvu/659

 TILLEY V. SAVANNAH, FLORIDA & WESTEEN R. CO. 647 �of which was clianged to ' The Savannah, Albany & Gulf Eailroad Company' by an act approved February 20, 1854. Acts 1855-6, p. 158; Acts 1853-4, p. 454. That these two companies were consolidated by authority of an act of the general assembly of the state of Georgia, approved April 18, 1863, entitled 'An act to authorize the consolidation of the stock of the Savannah, Albany & Gulf Eailroad Company, and the Atlantic & Gulf Eailroad Company, and for other purposes.' By the third section of said act of consolida- tion it was enacted 'that the several immnnities, franchises, and privileges granted to the said Savannah, Albany & Gulf Eailroad Company and the Atlantic & Gulf Eailroad Com- pany, by their original charters and the amendments thereof, ànd the liabiïities therein imposed, shall continue in force, ex- cept 80 far as they may be inconsistent -with their act of consoli-' dation." �The bill claimed that the two companies aforesaid, which were consolidated, and out of which the Atlantic & Gulf Eail- road Company was formed, were granted by their charters the right to charge certain rates of freight and passenger fares specified therein, and that the right to charge the same freights and fares had been conferred upon the Savannah, Florida & Western Eailroad Company by the act of February 29, 1876, aforesaid; that the Savannah, Florida & Western Eailroad Company had adopted a schedule of freights and passenger fares within the maximum rates fixed by the char- ter of the Atlantic & Gulf Eailroad Company, but that the rates so adopted were greater than those fixed by the sched- ule of the said railroad commission. �The bill claimed that if the rates established by the rail- road commissioners were made obligatory upon the Savannah, Florida & Western Eailroad Company, it would not only be unable to establish a sinking fund to pay oflF its first mortgage bonds, but would be unable to declare dividends of any amount whatever to its stockholders, and the company would be driven into ruin and bankruptcy. �The bill further alleged that complainant had hoped that the said Savannah, Florida & Western Eailroad Company ����