Copy of original charter of the Atchison, & Topeka Rail Road - Chapter XLVII. Approved February 11th, 1859, Laws of Kansas 1859.
AN ACT Incorporating the Atchison and Topeka Railroad Company.
BE IT ENACTED BY THE GOVERNOR AND LEGISLATIVE ASSEMBLY OF THE TERRITORY OF KANSAS:
SECTION 1. - That S. C. Pomeroy, C. K. Holliday, Luther C. Challis, Peter T. Abell, Milton C. Dickey, Asaph Allen, Samual Dickson, Nelson L. Gordon, Geo. S. Hillyer, Lorenzo D. Bird, Jeremiah Murphy, Geo. H. Fairchild and R. L. Crane, with such other persons as may associate with them for that purpose, are hereby incorporated a body politic and corporate, by the name of the "Atchison and Topeka Railroad Company," and under that name and style shall be capable of suing and being sued, impleading and be impleaded, defending and being defended against, in law and equity, in all courts and places; may make and use a common seal and alter or renew the same, be capable of contracting and be contracted with, and are hereby invested with all powers, privileges, immunities and franchises, and of acquiring, by purchase or otherwise, and of holding and conveying real and personal estate, which may be needful to carry into effect fully the purposes and objects of this act.
SECTION 2. - The said company is hereby authorized and empowered to survey, locate, construct, coplete, alter, maintain and operate a railroad, with one or more tracks, from or near Atchison, on the Missouri River, in Kansas Territory, to the town of Topeka, in Kansas Territory, and to such point on the southern or western boundry of the said Territory, in the direction of Santa Fe, in the Territory of New Mexico, as may be most convenient and suitable, for the construction of such railroad; and, also to construct a branch of said railroad to any points on the southern boundry of said Territory of Kansas in the direction of the Gulf of Mexico.
SECTION 3. - The said company are hereby authorized, and shall have the right-of-way upon, and may appropriate to its sole use and control, for the purposes contemplated herein, land, not exceeding one hundred feet in width, thru the entire length of said road, upon such route as may be determined; and, for the purposes of depots, side tracks, cuttings and embankments, for building engine houses and shops or wood and water stations, may take more land, earth or material, as may be necessary, for the construction or completion, operation, preserving and maintaining said road.
SECTION 4. - All such lands, materials and privileges, belonging to this Territory, or state hereafter, are hereby granted to such railroad, for the purpose named in the previous section; and may construct such road on or across other railroads, common roads, rivers or streams which it may intersect in sufficient manner not to materially impair its usefulness.
SECTION 5. - The capital stock of said corporation shall be one million and five hundred thousand dollars, which may be increased, from time to time, to any sum not exceeding the amount expended on account of said road, divided into shares of one hundred dollars each, which shall be deemed personal property, issued and transferred as may be ordered by the directors or laws of said company.
SECTION 6. - All the corporate powers of said company shall be vested in and exercised by a board of directors, and such officers and agents as they may appoint. The board of directors shall consist of thirteen persons, stockholders, three of whom, at least, shall be residents of Kansas, who shall be chosen annually, by the stockholders, each share having one vote by person or proxy, and continue in office until their successors are elected and qualified: vacancies in the board may be filled by a vote of two-thirds of the remaining directors.
SECTION 7. - The president and directors, for the time being, are hereby empowered or their officers or agents, to execute all the power herein granted for the purpose of surveying, locating, constructing and operating said railroad and branches and for transportation of persons, goods and merchandise, and authority of contract and management of the affairs, as may be necessary to carry into effect the intent of this act.
SECTION 8. - The said company shall have power to make, ordain and establish such by-laws, rules and regulation as may be deemed expedient for the objects and interests of the company: Provided, they be not inconsistent with the laws of the United States, or of this Territory. They shall have power to establish such rates for transportaition and collect the same, and matters and things respecting the use of said road, the transportation or persons or property as may be necessary.
SECTION 9. - It may be lawful for said railroad company, their agents or engineers for the purpose of exploring, surveying or locating said road, to enter upon any lands, doing no unnecessary damage, without the consent of the owner, and may acquire by release, donation or otherwise, any lands and may hold the same or convey to others, or use the same in any manner deemed for the interests of said company.
SECTION 10. - If said company cannot obtain the right-of-way by purchase or otherwise, or if the owners refuse to agree upon terms, or where the owner is unknown, non-resident, idiot or under age, either party may make application to the district where the lands are situated, upon notice posted ten days in some public place, making the appointment of commissioners to appraise the damage to lands required for the purpose of the road.
SECTION 11. - Upon such application being made to such judge, he shall appoint three disinterested persons to act as commissioners for the appraisal of all such damages, taking into consideration the advantages as well as any injury to the parties interested in such lands; said commissioners shall by public notice, appoint a time and place, and may adjourn, if necessary, for hearing the parties, and proceed to examine the lands, ascertain and determine the damage, if any, and, under oath, impartially and justly to appraise the lands necessary for the use of said company and faithfully perform the duty to the best of their judgment and ability. They or a majority of them, shall make up and sign the award to the parties judge of the district court. The commissioners making such appraisal shall be entitled to pay for their services (at the rate) of three dollars per day and ordinary traveling expenses, which shall be paid by said company.
SECTION 12. - If either party feel aggrieved by such appraisal or award, he may appeal within twenty days after such award is made known, by giving notice to that effect to the opposite party, otherwise both parties shall be bound by the award and the amount shall be paid, upon application of the persons entitled to receive the same. In case of the appeal, a bond shall be filed for the costs in the court, to be paid by the party who shall be entitled to pay the same, as determined by the court aforesaid.
SECTION 13. - In case of appeal or disagreement in regard to the damages, the railroad company may occupy, for the purpose of the construction of the road, by giving satisfactory security to the judge of said court for the ultimate payment of the damages so determined.
SECTION 14. - If any person shall carelessly, willfully or maliciously hinder, delay or obstruct the workmen, or the passage of trains, or shall place any obstruction on the tracks, or in any manner injure or destroy any tools, cars or other property of said railroad, or pertaining to it, or aid or abet any person in the commission of such tresspass, all such person shall forfeit and pay said company, agents or servants, trebel the damages, as shall be proved by any court, and shall be liable to indictment and imprisonment for a term not exceeding five years, in the discretion of the court who shall try the same.
SECTION 15. - Said corporation shall, within reasonable time after said road or branches are definitely located, cause a map and profile to be made of the route of said road, and file the same in the office of the Secretary of the Territory.
SECTION 16. - When fifty thousand dollars have been subscribed to the capital stock and ten percentum actually paid to the grantees herein named, and a certificate from the majority of them, duly authenticated, filed in the office of the secretary of this Territory, they are authorized to organize the company and open books for further subscription, requiring payments or installments from time to time; and, in case of refusal or neglect on the part of stockholders to make payment as required, the shares of such delinquents may, after thirty days' public notice, be sold at auction, and the surplus, if any, deducting payments and interest, shall be paid to such stockholders.
SECTION 17. - When the citizens of any county or city of this Territory are desirous of subscribing to the stock of said company, the citizens of each city or country are authorized to purpchase, subscribe or hold shares, not exceeding one hundred thousand dollars in amount, as shall be determined by the country court or common council making such subscription, in all respects as stock owned by individuals; and such railroad company may dispose of bonds, issued for such stock by said country or council, upon such terms as may be necessary.
SECTION 18. - Subscriptions to the stock of said company may be made in land, in the same manner as in cash, and said company are hereby authorized to hold, purchase and convey the same, as they may deem for their interest.
SECTION 19. - The company are hereby authorized to issue bonds upon their road, or hold and sell the same, in such amounts, upon such terms, above or below par, and at such rates of interest as may be determined, which shall be binding upon the parties interested; Provided, however, that said bonds shall not be issued for a less sum than five hundred dollars.
SECTION 20. - This company shall have power to make such contracts and arrangements with other railroads which connect with or intersect the same, as may be mutully agreed upon by the parties, for leasing or running their roads, or any part thereof, in connection with roads in other States; and shall be empowered to consolidate their property and stock with each other, such consolidation to take place whenever such companies shall respectively agree upon the terms and conditions; and shall have all the powers, previleges and liablilities that they may hold by their separate charters, by filing a copy of such articles of consolidation in the office of the Secretary of this Territory.
SECTION 21. - This act to take effect and be in force from and after its passage.
A. LARZALERE,
Speaker of House of Representatives.
C. W. Babcock
President of the Council.
approved February 11, 1859
S. MEDARY, Governor
NOTE: - Name changed to Atchison, Topeka and Santa Fe Rail Road Company, November 24th 1863, by Directors. Incorporated under reorganization, and name changed to the Atchison, Topeka & Santa Fe Railway Company, December 12, 1895.
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