tions as may be agreed upon, and the person or persons making such purchase, and their associates, may become a body corporate under the laws of this state, in the manner prescribed for the creation and organization of railroad companies in this state; and on the organization of such corporation, it may take, receive, and hold the railroad and property so purchased by said corporators, and shall have, possess, and enjoy the same, and all the rights, privileges, and franchises connected therewith, and held and possessed by the company making such sale, and shall also have all the rights, privileges, and franchises of railroad companies organized under the laws of this state, with full power and authority to construct, complete, maintain, and operate the railroad thus purchased, receive, hold, and dispose of all endowments, grants of land, municipal or individual aid granted to said company making such sale, or to which said company was or might have become entitled, upon compliance with the terms and conditions upon which such endowments, grants, donations, or aid were to be had; and the railroad company so organized may, under the laws of this state, consolidate its stock and property with any other railroad company upon such terms and conditions as may be agreed upon; Provided, however, That no sale, or purchase, shall be made of railroads situ ated within this state, of companies without this state, or consolidations effected as provided in this act, until the terms of such sale or consolidation shall have been approved by a majority of the stockholders in interest, in person, or by proxy, at the annual or special meeting, of which due notice shall be given by publication, or in writing to all the stockholders in interest, or the same be approved by the written consent of a majority of the stockholders in interest, filed in the office of said respective companies. [Id. § 2.]

SEC. 4. [Contracts binding on assignees, etc.]-That all contracts and agreements made by any railroad company prior to such transfer, lease, consolidation, or mortgage, shall be binding on the assignees, lessees, or mortgagees of such company, and that the rights of any stockholders, or parties entitled to stock therein, shall in no way be impaired by such transfer, lease, consolidation, or mortgage. [Id. § 3.]

SEC. 5. [Purchasers to keep road in good running order.]-When any company or persons shall have purchased any railroad, or two or more railroads are consolidated, as contemplated by the provisions of this act, such companies or persons so purchasing, shall keep each and every railroad line that may come in their possession by such purchases in good running order, with sufficient rolling stock, to transport the freight and passengers. They shall not discriminate against the business with either or any of said railroad lines either directly or indirectly by the detentions of freights or passengers, or charging more for freight or passage than is charged in proportion upon any other railroad line under the control of said company or persons. [Id. § 4.]

SEC. 6. [Legalizing provision.]-That any railroad company which has been organized under the laws of the states of Iowa, Kansas or Missouri, and which has heretofore extended its line of railroad in this state, or built any portion of its line of road in this state, and has filed a true copy of its original articles of incorporation in the office of the secretary of state of this state, is, from the time of filing said copy of its original articles of incorporation as aforesaid, hereby declared to be a legal corporation of this state, and entitled to all the rights, privileges and franchises of railroad companies, organized under and pursuant to the laws of the state of Nebraska. (G. S. (157) 206.]

ARTICLE III.-BOGUS SURVEYS.

SECTION 1. [Plat of survey.]-No proposition shall be submitted to the electors of any county in this state for donations of bonds or any other valuables,

SEC. 5. "An act to legalize the incorporation of certain railroad companies in the state of Nebraska." G. S. 206. Took effect Feb. 14, 1873.

ART. III. "An act to prevent railroad corporations to impose upon the people by bogus surveys, in counties or precincts where they are asked to vote bonds or other valuables, in aid of such railroad corporations." Laws. 1879, 151. Took effect June 1, 1879.

to any railroad corporation, unless said railroad corporation, through its authorized and responsible agent, files for record in the county clerk's office, where such donations of bonds or any other valuables are to be voted upon, a plat of the survey showing their exact line of route through said county, within at least two weeks previous to such an election; and no bonds, and so forth, shall be valid in case they are voted, unless said railroad corporation build their line of road within forty rods of their survey as filed in the county clerk's office. [1879 § 1, 151.]

ARTICLE IV.-SALES IN CERTAIN CASES.

SECTION 1. [Continuous lines.]-Every railroad company organized under the laws of this state whose railroad or railroads constructed or to be constructed within this state shall be so situated with reference to any railroad constructed or to be constructed through any adjoining state or territory by any railroad company organized or existing under the laws of the United States, or any state or territory that the same may be so connected at the boundary line of this state or at any point within this state by bridge, ferry, or otherwise, as to practically form a continuous line of railway over which cars may pass, is hereby authorized to purchase such connecting railway, or to sell the same to the railroad company constructing, owning or operating the said railroad through said adjoining state or territory as aforesaid, to said point of connection. And any such foreign railroad company purchasing under the provisions hereof any such connecting railroad within this state may manage the same by its board of directors and officers, and may operate the same and may issue thereon its stock and bonds to the same extent and in the same manner as authorized by the laws of this state, and the said company shall file for record in the office of the secretary of state of this state a true copy of its articles of incorporation, and the said company shall thereafter possess, exercise and enjoy within this state as to the control, management and operation of the said road, and as to the location, construction and operation of any extension of its said railroad or any connecting railroad or feeders within this state all the rights, powers, privileges and immunities, including the powers of eminent domain possessed by other railroad corporations of this state, and shall be liable to all the restrictions imposed by the general laws of this state upon the railroad corporations of this state. The purchase of any such railroad shall be subject to any and all laws, incumbrance or indebtedness existing against the railroad company from which such road may be so purchased. [1881 § 1, chap. 65.1

SEC. 2. [Effect of act.]-Said corporation shall be subject to the laws of this state as to that portion of the road purchased, built and operated in this state the same as if organized under the laws of this state; Provided, however, that nothing herein contained shall be construed as authorizing the purchase by any railroad company under the provisions of this act of any parallel and competing line of railroad within this state.

SEC. 8. [Purchase, lease, sale, etc.]-Any railroad company organized under the laws of this state, may buy or lease the whole, or any part of the railroad and branches, constructed or to be constructed, together with all the property, rights, privileges and franchises thereto pertaining, of any railroad company organized under the laws of any other state or territory, and may aid such company in the construction of its road by the purchase of its stock and bonds, or by guaranteeing its bonds, or otherwise; and any railroad company of this state may sell or lease the whole or any part of its railroad and branches, constructed and to be constructed, together with all property, rights, privileges and franchises thereto pertaining, to any railroad company organized or existing under the laws of any other state or territory, and any such foreign company may aid any railroad company in this state in the construction of its road and branches, by pur

ART. IV. "An act authorizing the sale and purchase of railroads in certain cases." Approved March 1. Took effect June 1, 1881. Act construed. 16 Neb. 257.

SECS. 3-4. "An act relating to the purchase, lease, sale and aiding of railroads in certain cases, and to the ratification of prior leases, sales and consolidations.' Laws 1887, chap. 58. Took effect March 14, 1887.

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chase of its stock and bonds, or by guaranteeing its bonds, or otherwise, whenever the roads of the respective companies, (parties to such agreement to aid, or to such purchase, sale or lease) constructed or to be constructed, shall, or will when constructed, so connect by bridge, ferry, railroad or otherwise, as to practically form in the operation thereof, a continuous line or lines of railroad over which cars may pass. The railroad company of another state or territory which shall so purchase or lease a railroad or railroads, in this state, shall possess, and may exercise and enjoy within this state, as to the control, management and operation of the said road, and as to the location, construction and operation of any extension or branches thereof, all the rights, powers, privileges and franchises possessed by railroad corporations of this state. Such purchase, sale, or lease may be made, or such aid furnished, upon such terms and conditions as shall be agreed upon by the directors of the respective companies, but the same shall be approved or ratified by persons holding or representing two-thirds in amount of the capital stock of each of such companies respectively, at an annual stockholder's meeting, or at a special meeting of the stockholders called for that purpose, or by the approval in writing of two-thirds in interest of the stockholders of each company respectively; Provided, That nothing in the foregoing provisions shall be held or construed as curtailing the right of this state, or of the counties in this state, through which any such road or roads may be located, to levy and collect taxes upon the same, and the rolling stock thereof, pro rata, in conformity with the provisions of the laws of this state upon that subject, and the road or roads in this state so purchased, leased or aided, shall be subject to taxation, and to regulation and control by the laws of this state in all respects, the same as if such purchase, sale or lease had not taken place; Provided, further, however, That before any railroad corporation of any other state, or territory, shall be permitted to avail itself of the benefits of this act, such corporation shall, file with the secretary of this state a true copy of its charter, or articles of incorporation, together with a certified copy of a resolution of its board of directors, or stockholders, duly adopted, authorizing service of process to be made upon its officers or agents in this state engaged in transacting its business, in the same manner as may be provided by law for the service of process upon railroad corporations of this state. [1887, chap. 58.]

SEC. 4. [Prior sales, etc.,]-Any sale, by consolidation or otherwise, or any lease, or any agreement to sell or lease, the whole, or any part of a railroad or its branches in this state, with the franchises appertaining thereto, to any railroad company organized and existing under the laws of this or any other state or states, or any consolidation between such company of another state and a corporation of this state, heretofore executed by the proper officers of the companies, parties to such sale or lease, consolidation or contract, may be ratified and made in all respects valid and binding by the assent of the owners of twothirds of the stock in each of such companies, to be expressed in the manner provided in section 1 of this act. Upon such ratification by stockholders, such lease, or sale, or consolidation, or agreement to sell, or lease, heretofore executed, shall become in all respects valid and binding from the date of its execution. [Id. § 2.] ARTICLE V. [Repealed, 1887 chap. 60.]

ARTICLE VI.-PUBLIC OFFICES.

SECTION 1. [Public office of railroad company.]-That all railroad corporations or companies doing business in the state of Nebraska as public carriers, either for the transportation of freight, or carrying passengers from any point in this state, are hereby required to have and maintain a public general office in this state, in some county through which said road runs, for the transaction of its business, which office shall be established on or before the first day of January, A. D. 1882, and notice thereof given by publication in some newspaper on the line of its road for four consecutive weeks; Provided, That railroad corporations or companies, hereafter to be incorporated under the laws of this state, shall have one year, from the date of such incorporation, in which to comply with the provisions of this act. [1881 § 1, chap. 67.j

ART. VI. "An act to require railroad corporations doing business in the state of Nebraska to have and Approved March 2. Took effect maintain public offices in the state for the transaction of their business." June 1, 1881.

SEC. 2. Books and business.]-It shall be the further duty of all such railroad corporations or companies doing business as aforesaid, to keep and maintain in such offices books in which shall be recorded the amount of capital stock of such railroad corporation or company, and also the transfer of such stock, the amount of its assets and liabilities, and the names and places of residence of its officers, which said books shall be open to public inspection at all times. And the general manager, general superintendent, general freight or ticket agent or such other general officers or agents as said railroad corporations or companies shall have or employ, shall keep and maintain their offices at such general offices within this state; Provided, That railroad corporations or companies not operating over 10 miles of road in this state shall be exempted from the provisions of this act. SEC. 3. [Directors report to auditor.]-The directors of every railroad corporation or company having control of any road doing business in the state of Nebraska, shall annually make a report to the auditor of public accounts, of the amount of money received for the preceding year from passengers and freight, at any and all points in this state, which report shall be made and filed with the auditor on or before the fifteenth day of January of each year.

SEC. 4. [Violations of act-Penalty.-Any railroad corporation or company violating any of the provisions of this act or failing to comply with the provisions herein contained, shall forfeit all right to do business in this state, and on application of any person feeling aggrieved, it shall be the duty of any court having jurisdiction, upon proper and satisfactory proof, to place such railroad in the hands of a receiver and proceed to wind up its business.

SEC. 5. [Same.]-In addition to the penalties in the preceding section, the principal officers of such corporation or company shall be subject to fine not exceeding one thousand dollars or imprisonment upon conviction in the penitentiary, for a term not exceeding three years.

ARTICLE VII. STREET RAILWAYS.

SECTION 1. [Railway corporations.]-Any number of persons may be associated and incorporated under the general laws of this state providing for the creation of corporations for the purpose of constructing and operating a street railroad within any of the cities of this state, upon procuring the consent of a majority of the electors of any such city as hereinafter provided. [1877 § 1, 135.

SEC. 2. [Articles-Record.] Every such corporation, previous to the commencement of any business except its own organization, must adopt articles of incorporation and have them recorded in the office of the county clerk of the county in which the city within which it is proposed to construct and operate such street railroad is situated, and must procure the consent of a majority of the electors of such city as herein provided.

SEC. 3. [Same-Termini of road.]-The articles of incorporation must fix the termini of such street railroad, and state the street or streets through which it is proposed to construct and operate the same.

SEC. 4. [Submission to electors.-The question of the consent of a majority of the electors of any such city to the constructing and operating of any such street railroad shall be determined by submitting the question to the electors of such city at an election to be held for that purpose, and of which electoin it shall be the duty of the mayor of any such city, upon the request of the common council of said city, to give at least ten days notice by publishing a notice in some newspaper published in such city, which notice shall state the termini of such proposed street railroad, and the street or streets through which it is proposed to construct and operate the same, the form in which the question shall be taken, and the time when such election will be held.

SEC. 5. [Election-Proceedings.]-Every such election shall be held at the time designated in the notice, and shall be held in the same manner and at the same places as the general city elections, and the returns shall be canvassed by the council of such city at its next meeting after any such election and the result declared, and if a majority of the votes cast at such election shall be in favor of the constructing and operating such proposed street railroad, the council shall cause the city clerk to make out a certificate of the result, stating that the consent of a majority of the electors of such city has been given to the constructing and

operating of such street railroad, and deliver the same to the chief officer of such street railroad company, who shall cause the same to be recorded in the office of the county clerk where the articles of association of such street railroad company are recorded, and in the same book, and such certificate shall be prima facie evidence of the facts therein stated; and thereupon, such street railroad company shall be authorized to proceed and construct and operate such street railroad, as described in its articles of association, or any portion thereof, subject to such rules and regulations as may be established by ordinances of such city.

ARTICLE VIII.—BOARD OF TRANSPORTATION,

SECTION 1. [Application of act-Construction of terms-Charges to be just.-That the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property by railroad, under a common control, management or arrangement for a continuous carriage or shipment from any point in the state of Nebraska to any other point in said state. The term "railroad" as used in this act shall include the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease, and the term "transportation" shall include all instrumentalities of shipment or carriage. All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, or for the receiving, delivery, storage or handling of such property, shall be reasonable and just, and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful. [1887, chap. 60.]

SEC. 2. [Unjust discrimination.]-That if any common carrier subject to the provisions of this act shall directly or indirectly by any special rate, rebate, drawback or other device, charge, demand, collect or receive from any person or persons a greater compensation for any service rendered, or to be rendered in the transportation of passengers or property subject to the provisions of this act, than it charges, demands, collects or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carriers shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful.

SEC. 8. [Equal Facilities.]-That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever, or to subject any particular person, company, firm, corporation or locality, or any particular description of traffic to any prejudice or disadvantage in any respect whatsoever. Every common carrier subject to the provisions of this act shall, according to their respective powers, afford all reasonable, proper and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding and delivering of passengers and property to and from their several lines and those connecting therewith, and shall not discriminate in their rates and charges between such contracting lines; but this shall not be construed as requiring any such common carrier to give the use of its tracks or terminal facilities to another carrier engaged in like business.

SEC. 4. [Long and short hauls.-That it shall be unlawful for any common carrier subject to the provisions of this act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance; but this shall not be construed as authorizing any common carrier within the terms of this act to charge and receive as great compensation for a shorter as for a longer distance; Provided, however, That upon application to the board appointed under the provisions of this act, such common carrier may, in special cases after investigation by the board, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property; and the board may from time to time prescribe the extent to which such designated common carrier may be relieved from the operation of this section of this act.

ART. VIII. "An act to regulate railroads, prevent unjust discriminations, provide for a board of transportation and define its duties, and repeal articles 5 and 8 of chapter 72, entitled 'railroads,' of the revised statutes, and all acts and parts of acts in conflict herewith." Laws 1887, chap. 60. Took effect July 1, 1887.