ble streams, there are side-tracks or switches, station houses for the suitable accommodation of passengers, and warehouses for the fit storage of freight; water tanks and machine shops. Whatever, in fine, a railway company needs for the transaction of its business with expedition, safety, comfort and economy, it is not only allowed but compelled to provide. Lest the provisions previously given should not be ample in their authority, the statute specifies that the company shall have power "to erect and maintain all necessary and convenient buildings and stations, fixtures and machinery for the convenient accommodation and use of passengers, freights and business interests, or which may be necessary for the construction or operation of said railway."1

II. BRIDGES.

$218. Bridge statutes of 1872.

219. Bridge companies; articles of incorporation.

220. Filing the same.

221. Board of directors.

222. Powers of the corporation.

223. Navigable rivers; congressional and state legislation. 224. Old bridge charters; time for completion.

218. Three bridge laws were passed in the year 1872, all going into force July 1 of that year. One relates to the time of completing bridges; another to the authority for constructing them, and the last to the formation of bridge companies. We have observed in this enumeration the order of the passage of these statutes, which is the reverse of the proper order of their consideration.2

1 Ibid. sec. 185, clause 2.

2 Gross, vol. ii, chap. 25, div. xix.

§ 219. Any number of persons, not less than ten, may associate together for the formation of a company for the purpose of constructing and maintaining a bridge over any of the streams of water which are situate, in whole or in part, in the state, or upon the boundary of the state. The bridge must be for public use, including the transference of persons and property. The first thing to do is to make, sign and acknowledge, before some officer authorized to take acknowledgments, articles of association. These articles of association must set forth: 1. The name of the proposed corporation. 2. The number of years the same is to continue.1 3. The place at which the bridge is to be constructed. 4. The name of the county or counties in which it is intended to be constructed. 5. The purpose for which it is to be used, whether for railroad or ordinary travel, or both. 6. The amount of the capital stock. 7. Number of shares of the stock. 8. The names and places of residence of the directors of the company. 9. The residence of each subscriber, and the number of shares he has agreed to subscribe for.2

$ 220. These articles of association must be filed in the office of the secretary of state, who shall thereon endorse the date when the same was filed, and record the articles in a book to be provided by him for that

1 The statute places no time limitation, as in the case of ordinary corporations and railroad companies.

2 It will be observed that the articles of incorporation contemplate a greater degree of completeness in organization prior to public action than is the case in the organization of an ordinary stock company or of a railroad company under Illinois statutory law, although the general principle of organization is the same in all.

purpose, "and," continues the statute, "thereupon, the persons who have so subscribed such articles of association and all persons who shall become stockholders in such company shall be a corporation by the name specified in such articles of association, and shall possess the powers and privileges incident to such corporations. 1

§ 221. The board of directors named in the articles of incorporation must consist of not less than five nor more than thirteen persons. They shall manage the affairs of the corporation for the first year and until others are chosen in their places. This much the first section of the law provides. The fourth and last adds: "The trustees, managers or directors of such corporation shall be elected and classified in the manner provided by law for the election and classification of the trustees, managers or directors of other incorporated companies, and at least one-third of such directors shall be citizens of this state." The allusion is doubtless to the cumulative method of voting, which under the constitution applies to all corporations in the state, and which is expressly recognized in the statute referred to in the quotation just given.

$222. In case of need, the law of eminent domain may be invoked to acquire possession of the private property necessary for the carrying out of the object of the association. The company may issue bonds or other evidences of indebtedness; negotiate loans for the prosecution of its work; secure such indebtedness by deed of trust, or mortgage on the property of the

1 No provision is made for filing the articles of incorporation in the office of the county clerk.

company. It may, further, consolidate its franchise and property, in the manner provided by general law, with that of any bridge company in the state, or a bridge company organized under the laws of an adjoining state. In fine, it may exercise "any other rights and powers incident to such corporations which may be necessary to carry out the objects contemplated in such organization.”

§ 223. The assent of the state is given to any corporation or association organized under the laws of Illinois, and subject thereto, to construct bridges across navigable rivers in this state, and upon boundaries thereof, whenever authorized by congress, "under such restrictions as the congress may impose." This is a plain recognition of the paramount authority of the national government in regulation of inter-state commerce. The doctrine laid down by the supreme court of Illinois is that the power of the state over navigable rivers exclusively within the state to render them useful for domestic purposes was never surrendered.1

$224. Previous to the adoption of the present constitution some bridge company charters had been granted. One of the three statutes under consideration provides that if any such company had not finished its work within the time specified in its charter it is allowed to go on and complete the enterprise, anything in its charter to the contrary notwithstanding. This extension privilege is qualified by the proviso that "the same shall be constructed and completed within ten years from and after the passage of this act; and, provided further, that such corporation shall have been

organized and been in operation within ten days from the time the new constitution took effect." It is evident that a railroad company is not obliged to depend upon a bridge company for the means of crossing navigable streams, but simply that the bridge part of railway construction may be under the legislation which has just been stated.

III. UNION DEPOTS.

§ 225. The Union Depot act.

226. Who may form the association: For what objects.

227. No discrimination allowed.

228. Articles of incorporation.

229. Their presentation to the circuit court as a petition: By whom signed.

230. Certificate of the court.

231. Powers of the company.

232. The directors: Their election.

§ 225. No special provision is made for the construction of ordinary depots; but by an act, approved April 3, 1872, and which went into force July 1 of the same year, provision is made for building union depots. The object of this law is, as stated, "to facilitate the public convenience and safety in the transmission of goods and passengers from one railroad to another and to prevent the unnecessary expense, inconvenience and loss attending the accumulation of a number of stations."

§ 226. Any number of persons not less than five may organize themselves into a union depot company. So may three or more railway companies or "joint individuals." The object of this association is defined by statute to be "for the purpose of constructing, establishing and maintaining a union station for pas