The Railroad in Habersham County

ACTS OF THE STATE OF GEORGIA 1847.

1847 Vol. 1 -- Page: 152

Sequential Number: 127

Full Title: AN ACT to incorporate the Clarkesville and [Illegible Text] Railroad Company.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That for the

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purpose of constructing, keeping up and using a Railroad communication from the town of Clarkesville, in Habersham county, to the city of Athens, or its immediate vicinity, the subscribers for the capital stock hereinafter mentioned, and their assigns, shall be a body politic and corporate by the name and style of the Clarkesville and Athens Railroad Company, and by said corporate name shall be capable in law to purchase, accept, hold and convey real and personal estate, make contracts, sue and be sued, to make by-laws, and to do all other acts properly incident to a corporation, and necessary and proper for the construction of the works and transaction of the business for which said Company is incorporated; and to have and use a common seal, and the same to alter and destroy at pleasure.

SEC. 2. And be it further enacted, That the capital stock shall be six hundred thousand dollars, divided into shares of one hundred dollars each, but shall be liable to be increased from time to time and by such sum or sums as may be deemed expedient by the majority of the Board of Directors of said Company for the time being: Provided, That the capital stock shall not be so increased as to exceed nine hundred thousand dollars: And it is also enacted, That the Board of Directors for the time being shall be authorized to prescribe the terms and conditions of subscription for such additional stock as may from time to time be required.

SEC. 3. And be it further enacted, That for the original capital stock of six hundred thousand dollars, books of subscription shall be opened as follows: In the town of Clarkesville, under the direction of John R. Mathews, John Wiley and William B. Wofford, for the sum of three hundred thousand dollars; at Blairsville, in Union county, under the direction of Elihu S. Barclay and James R. Wiley, for the sum of fifty thousand dollars; at the village of Clayton, under the direction of Edward Coffee and Samuel [Illegible Text], for fifty thousand dollars; and at the town of Athens, under the direction of William L. Mitchell and William Morton, for two hundred thousand dollars. The books of subscription shall be opened at each of the aforesaid places, on the first Monday in August next, and a majority of the commissioners at each place shall be competent to do all acts incident to their office; and if any of the commissioners above named shall decline [Illegible Text], the Governor, on being duly informed thereof, shall be authorized to appoint other commissioners instead of him or them so declining to act. The several sets of commissioners at the above named places shall give two weeks notice in the [AElig]gis and Athens Banner, of the time and place of opening their respective books of subscription, upon the books being opened as aforesaid. The commissioners shall receive from individuals, companies and corporations, subscriptions for any number of shares of stock,



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not exceeding two hundred shares to any one individual, company or corporation, until two days have elapsed, after which the shares not previously taken, or any number thereof, may be subscribed for, and taken by any individual, company or corporation; and no subscription shall be received and allowed unless there shall be paid to the commissioners, at the time of subscribing, the sum of five dollars on each share subscribed, for which the commissioners shall give to the subscriber a certificate setting forth the number of shares taken by such subscriber, and amount per share paid thereon.

SEC. 4. And be it further enacted, That the books shall be kept open for subscriptions at each of the above named places for the space of ninety days; and being closed on the last day, each of the other sets of commissioners shall transmit their subscription books, certified and signed, to the commissioners at Clarkesville; and the commissioners at Clarkesville shall thereupon make out a general list, setting forth the names of the subscribers, the number of shares taken by each subscriber, and the sum paid thereon; and if, on summing up all the subscription, the same shall amount to the sum of three hundred thousand dollars, the said Company may be organized and go into operation thereon: and after the organization of the Company, all future subscriptions of stock shall be received by the Board of Directors of the Company. And in case the whole amount of stock subscribed within ninety days after the opening of the books of subscription as above prescribed, shall fall short of the sum of three hundred thousand dollars, then subscriptions for the amount of stock necessary to make up the said sum of three hundred thousand dollars shall be received after the lapse of said ninety days only at Clarkesville and Athens, and as soon as the subscriptions shall in all amount to said sum of three hundred thousand dollars, the commissioners at Athens shall transmit their books to the commissioners at Clarkesville, and these latter shall make out and prepare a general list as above pointed out, and the said commissioners shall at once proceed to take measures, as hereinafter prescribed, for the organization of the Company.

SEC. 5. And be it further enacted, That in order to the organization of said Company, so soon as the amount of [Illegible Text] of stock shall equal or exceed the sum of three hundred thousand dollars, the commissioners of Athens and Clarkesville, or any three or more of them, shall give notice thereof in the public gazettes of Clarkesville and Athens for three weeks -- a meeting of the stockholders to he held at some convenient time and place, at which time and place the stockholders shall attend in person, or by proxy duly constituted by writing sealed and attested, and shall proceed to the election, by ballot, of nine Directors of



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said Company; and the election of Directors, and in all other matters of said Company in which the votes of stockholders have to be taken, each stockholder shall have a number of votes equal to the number of [Illegible Text] of which he is proprietor at the time of voting. At the election of the first Board of Directors, the Commissioners at Athens and Clarkesville, or any three or more of them, shall preside and conduct the election, and shall make a record of the proceedings in said election, under their hands and seal, and shall deliver to each of the Directors chosen a certificate of his election.

SEC. 6. And be it further enacted, That the Board of Directors shall choose one of their own number as President of the Board, whose term of office shall be one year, and the election of Directors shall be held annually according to such by-laws as may be made for that purpose; and in case of a vacancy occurring in the Board, between the stated periods of election, the Directors, or a majority of them, may elect from among the stockholders a person to fill such vacancy. And in case it shall so happen that the day of the annual election of Directors shall pass without an election being made, in whole or in part, it shall and may be lawful on any other day to make such election in such manner as may be prescribed by the by-laws of the corporation, subject always to the rule hereinbefore prescribed as to the number of votes to which each stockholder shall be entitled.

SEC. 7. And be it further enacted, That the said Railroad Company shall have power and capacity to purchase, have, and hold in fee simple, or for years, to them and their [Illegible Text], any lands, tenements, or hereditaments, that they may find necessary for the site on and along which to locate, run and establish said Railroad; and also to purchase and to hold any land contiguous to, or in the vicinity of said Railroad, that they may find necessary for procuring all proper materials for constructing, repairing and adequately guarding and sustaining said Railroad; also all land contiguous thereto that may be found necessary for the erection of toll houses, store houses, and other buildings or accommodations that may be found necessary or useful to said Railroad, or the business thereof; and also, all rights of way on land, and all necessary privileges on water courses, that may lie on or across the route of said road; and the said Company shall have power to conduct said Railroad across any public road or highway that may be on the route of said Railroad: Provided, That the said Company shall so construct said Railroad across all public roads as not to injure or obstruct the same.

SEC. 8. And be it further enacted, That in all cases where lands or rights of way may be required by said Company for the purpose aforesaid, and the same cannot by want of agreement between the parties agree as to price, or for any



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other cause, [Illegible Text] purchased by the Company from the owners thereof, the same may be taken at the valuation to be made by three commissioners, or a majority of them, to be appointed by the Judge of the Superior Court of the county where the land or right of way may be situated: Provided, That if the Judge for the time being shall be a stockholder, then the arbitrators shall be one selected by the corporation, one by the party at issue, and a third by the Inferior Court of the county. And the said commissioners before they act, shall take an oath before some Justice of the Peace, or other judicial magistrate, faithfully and impartially to discharge the duties assigned them. In making said valuation, said commissioners, or a majority of them, shall take into consideration the loss or damage which may occur to the owners in consequence of the land being taken, or the right of way obstructed; and also, the benefit and advantage that such owner or owners may receive from the establishment of said Railroad; and the excess of loss or damage, over and above the benefit and advantage, shall form the measure of damages. The proceeding of said commissioners, accompanied with a description and plat of said land, shall be returned under the hands and seals of said commissioners to the Court [Illegible Text] the commission issued, there to remain of record, and the lands or rights of way shall vest in said Company, in fee simple, upon payment or tender of the amount of the valuation. And in case the said Railroad Company, or the owners of the soil or right of way shall be dissatisfied, an appeal may be taken to the Superior Court of the county where the land lies or the right of way exists, and the award of damages may be traversed before a special jury, and that finding shall be final and conclusive between the parties.

SEC. 9. And be it further enacted, That the said Clarkesville and Athens Railroad Company shall have the sole and exclusive right of transportation and conveyance of persons, produce and merchandize, and all other things, over and along said Railroad to be by them constructed, so long as they shall see fit to exercise such sole and exclusive right. And the said Company, in the exercise of their right of carriage and transportation, shall be regarded as common carriers, and be liable as such. And said Company shall be authorized to fix, by by-laws, the charges and rates of transportation and carriage on said Railroad, provided said rates shall not exceed the sum of three-fourths of a cent per mile for every hundred pounds on heavy articles, and four cents per cubic foot for every twenty-five miles on other articles, and five cents per mile for every passenger. And said Railroad Company shall be authorized to make all by-laws and regulations touching said road and the use and business thereof, which may be deemed expedient, provided the same be not repugnant to the provisions of this charter, nor the



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laws and Constitution of this State, nor of the United States.

SEC. 10. And be it further enacted, That said Railroad Company shall construct the Railroad authorized by this act, beginning at such point or points as may be selected by the Board of Directors as most conducive to the interests of said Company, and the whole and exclusive right to make, keep up, and use a Railroad along the route and between the points designated, and shall be vested in said Company for and during the term of forty years, to be computed from the time [Illegible Text] said Railroad shall be completed through the whole distance from Clarkesville to Athens; but after the expiration of the said forty years, although the exclusive right above granted shall then cease, yet said Company shall continue incorporate and entitled to keep up and use said Railroad by them to be built for the transportation of persons and things for hire and gain, and the Legislature may renew and extend said exclusive right, on such terms as may be prescribed by law and accepted by said Company.

SEC. 11. And be it further enacted, That in case three hundred thousand dollars of the stock of said Company shall not be taken within three years after the passage of this act, and the work be commenced within one year thereafter and completed within four years thereafter, then the privileges and rights granted by this act are to be forfeited and lost to said Company.

SEC. 12. And be it further enacted, That the power of making the by-laws, and of appointing such officers, agents and servants as the business of the Company may require, and of entering into contracts in its behalf, and controlling generally its affairs, shall be exercised by the President and Directors of said Company.

SEC. 13. And be it further enacted, That after the Company chartered by this act shall be organized, the President and Directors thereof shall be authorized, from time to time, to call on the stockholders for the payment of such instalments on the shares subscribed, as they may deem necessary and expedient for the prosecution and completion of the aforesaid Railroad and the works therewith connected, until the whole stock subscribed for be paid in. And the Board of Directors shall give ninety days notice in the [AElig]gis and Banner, by publication once a month, of the amount of the instalments so required to be paid in, and the time of payment; and a failure on the part of any stockholder to pay up any one of the instalments so required to be paid as aforesaid, shall induce a forfeiture of the share or shares on which such default is made, and all past payments thereon, and the same shall vest in and belong to said Company, and may be appropriated as they shall see fit to the purpose for which the Company is chartered.

SEC. 14. And be it further enacted, That it shall be the



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duty of the President and Directors, as soon as may be after the organization of the Company, to issue to each subscriber scrip or certificates of the stock held by him, and of the amount paid thereon; and the shares of the said stock held by any person shall be assignable and transferable in law. And the Board of Directors shall and may by by-laws regulate the mode of issuing certificates and making transfers of stock, provided that no one person or company shall be allowed to subscribe for more than shares: Provided, That nothing contained in the foregoing charter shall be so construed as to prevent the construction of all such roads as shall be ordered by the Inferior Court of the counties through which the Railroad shall pass.

SEC. 15. And be it further enacted, That the [Illegible Text] stockholders shall be liable for the debts of the corporation in the same manner and to the same extent as the individual stockholders of the Washington Railroad Company are made liable for the debts of the Washington Railroad Company.

SEC. 16. And be it further enacted, That the Gainesville Railroad Company be and they are hereby authorized and empowered to connect with said Clarkesville and Athens Railroad at such point as they may select, under the same provisions and restrictions as are contained in this charter to said Clarkesville and Athens Railroad Company.

CHARLES J. JENKINS,

Speaker of the House of Representatives.

ANDREW J. MILLER,

President of the Senate.

GEORGE W. TOWNS, Governor.

Approval Date: Approved, December 25, 1847.
 

SOURCE: Digital Library of Georgia


ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1888-9. VOLUME II.
Part II.--Corporations.
TITLE III. STREET RAILROADS, DUMMY AND ELECTRIC LINES.

1888 Vol. 2 -- Page: 692

Sequential Number: 313

Short Title: INCORPORATING THE STREET RAILROAD OF CLARKESVILLE.
Law Number: No. 616.

Full Title: An Act to incorporate the Street Railroad of Clarkesville.

The General Assembly of Georgia do enact as follows:

SECTION I. That Cornelius P. O. Callaghan, C. H. Sutton, I. A. Ketson, F. L. Asbury, J. B. Jones, H. S. West and L. Willbanks, and such other persons as they may associate with themselves, and their successors and assigns be, and they are hereby, declared and created a body politic and corporate under the name and style of "Street Railroad Company of Clarkesville," and as such may sue and be sued in any court of the State; adopt and use a common seal; and to accept or purchase property, real and personal, necessary for their use in the execution of the powers hereinafter set forth, and may further exercise the rights and powers conferred by law upon corporations in this State.

SEC. II. Be it further enacted, That said corporation shall have the power and authority to survey, lay out, construct and equip and

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operate a street railroad in the town of Clarkesville, in Habersham county, in this State, from the court house square at any point thereon, northwest to the bridge on Soque River, and southeast along the streets and upon the public streets of said town to the railroad station on the Blue Ridge and Atlantic Railroad. Said company may use horse power, steam or any other motive power for the driving of their cars.

SEC. III. Be it further enacted, That a majority of said persons may organize said company by electing a President thereof and such other officers as they may wish; may receive subscriptions to the stock of said company to such amount as the business purposes of said company may require; that said company, when organized, may adopt rules, regulations and by-laws for their government, and to do such other acts for the purposes of said company as may be lawful; appoint and employ officers and agents; and may convey upon their lines passengers or freight at such rate of compensation as may be reasonable and just.

SEC. IV. Be it further enacted, That said corporation shall not appropriate to their use any street in said town without the consent of the Mayor and Council of said town, which consent they are authorized to give upon reasonable terms.

SEC. V. Be it further enacted, That if in locating any portion of such street railroad it may become necessary to occupy the lands of private persons, before appropriating the same to such use said company shall pay such damages therefor as may be reasonable and just; and if such damages cannot be agreed on between the parties, they may be ascertained and fixed in the manner provided by law for the ascertainment of damages to lands taken by towns and cities to be appropriated as public streets.

SEC. VI. Be it further enacted, That this charter shall be of force for thirty years from the date of its passage.

SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.

Approval Date: Approved November 11, 1889.
 

SOURCE: Digital Library of Georgia


ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE State of Georgia, 1890-'91.
Part II.--Corporations.
TITLE I. RAILROAD COMPANIES.

1890 Vol. 1 -- Page: 402

Sequential Number: 287

Short Title: INCORPORATING SOQUE AND TALLULAH RAILROAD COMPANY.
Law Number: No. 575.

Full Title: An Act to incorporate the Soque and Tallulah River Railroad Company, to confer certain powers and privileges on said company, to define the powers of the same, and for other purposes.

SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That H. V. M. Miller, E. P. Howell, M. C. Kiser and H. L. Culberson, of the county of Fulton; R. K. Reeves, of the county of Clarke; James W. Robertson, William M. Berry, J. P. Wilson, E. P. West, George W. Clayton, E. M. Clayton, James P. Phillips and C. T. Willbanks, of the county of Habersham; LaFayette Arvendale, John F. Smith and J. M. York, of the county of Rabun, State of Georgia, and such other persons as they may hereafter associate with them, who shall all be stockholders, and their successors and assigns be, and they are, hereby created a body politic and corporate, under the name of the Soque and Tallulah River Railroad Company, with power under said name to sue and be sued, plead and be impleaded in the courts of law and equity in this State, to have and use a corporate seal, to hold property, both real and personal, own, use and enjoy the same for such uses as may be necessary to and will advance the interests of said company, together with such other powers as are herein conferred, as well as those which, by the laws of this State, are conferred generally on incorporations doing business in this State.

SEC. II. Be it further enacted by the authority aforesaid, That said company be, and they are, hereby authorized and empowered to survey, lay out, construct and equip, as well as maintain and operate, a railroad from the town of Cornelia, in the county of Habersham, or as near thereto as a survey shows to be most practicable, by way of the Porter Manufacturing Company, the Soque Manufacturing Company and Clarkesville, in Habersham county, and Burton, in Rabun county, to some point on the line between Georgia and North Carolina, the same to run in a northerly direction from Cornelia, Georgia, through Habersham and Rabun counties, to the North Carolina line.

SEC. III. Be it further enacted by the authority aforesaid, That for the purpose of surveying, constructing, maintaining and operating said line of railroad, the said company is empowered to cause such examinations and surveys to be made



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of the proposed line between Cornelia and said point on the North Carolina line, in the county of Rabun, as shall be necessary to the selection of the most practical route between said points, and for that purpose are empowered to enter the lands of any person, to acquire by gift or purchase real estate or other property, for the construction, maintenance, operation and accommodation of said railroad, and to hold and use real estate and other property, useful for the same, and for stations, connections with other railroads, terminal facilities and all other accommodations necessary to accomplish the objects of this incorporation, and to lease, buy and mortgage all lands necessary for its use, or they may sell the same; lay out its line of railroad not more than two hundred feet in width, and for cutting and filling, for obtaining stone or other material, to take as much land as may be necessary for proper security and construction of said railroad, and to remove all obstructions from the right-of-way of said road, paying compensation for the same in the manner hereinafter prescribed; to cross, intersect, join or unite with any other railroad heretofore, or hereafter constructed at any point in its route; to take and carry persons and all manner of property over their road by use of steam or other mechanical power, and to receive compensation therefor, and to do all things necessary to a railroad business; to erect and maintain convenient buildings, stations, fixtures, machinery, whether within or without a city, town or village, for the use and accommodation of passengers or freight business; to borrow such sum or sums of money, at such rates of interest, not contrary to law, and upon such terms as such company, or its Board of Directors, may agree upon, and may deem necessary and expedient, and may execute one or more trust deeds or mortgages, one or both, as occasion may require, on its railroad or other property, to secure the same, provided, that said company shall not take possession of or occupy or cross the streets of any city or town, or any public road without the consent of the authorities of the city, town or county.

SEC. IV. Be it further enacted by the authority aforesaid, That the capital stock of said company shall be $100,000, divided into shares of $100 each, with power by two-thirds vote of the stockholders to increase the said capital stock to an amount not exceeding one million dollars, and said company shall be authorized to commence work when ten per cent. of said subscribed capital stock shall have been paid in.
 

SEC. V. Be it further enacted by the authority aforesaid, That books of subscription may be opened by the Board of Directors at such place or places as they may deem best,



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and subscriptions to the capital stock of said company may be made in the form of a general contract or promissory notes or other form, as may be selected, or paid in in cash under the direction of the Board of Directors, and certificates of stock shall be issued to the persons paying on the basis of one share for every one hundred dollars so paid, but no certificate shall be issued for less than one share. That all subscriptions to the capital stock shall be payable in such installments as shall be agreed upon, and if any stockholders shall refuse or neglect to pay any installment that may be called for within sixty days after the same shall have become due, and notice given as hereinafter provided for, at the election of the Board of Directors such stock, with all payments made thereon previous to said call, shall be forfeited to said company; provided, said forfeiture is authorized by the by-laws of said company, or they may have a right of action to recover any such installments as may be called in said subscription of stock.

SEC. VI. Be it further enacted, That said company shall have all the rights and powers granted in section 1689(l) of the Code of 1882, so far as relates to the condemnation of rights-of-way; provided, that said company shall not have the right to take or damage any private property till just and adequate compensation be first paid.

SEC. VII. Be it further enacted by the authority aforesaid, That the principal office of said company shall be in the town of Clarkesville, but the Board of Directors may cause the same to be changed to any other point on said road by giving thirty days' notice of such change in a newspaper published in Clarkesville, after such change has been approved by a majority of all the stockholders.

SEC. VIII. Be it further enacted by the authority aforesaid, That said railroad company shall have power to make and issue bonds to such an amount, in such denominations, and at such a rate of interest, not exceeding seven per cent. per annum, payable at such times and places as they may determine, and to secure the payments of principal and interest of such bonds by mortgage or deeds of trust of its railroad, real and personal property, franchise and all other rights of property; also, to make and issue preferred stock and give preference in the payment of dividends as may best subserve the purposes and interests of said company.
 

SEC. IX. Be it further enacted by the authority aforesaid, That the business and affairs of said railroad company shall be managed by a board of seven directors, who shall be elected annually by the stockholders. The first election for said directors shall be held by the stockholders at such time



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and place as shall be agreed on by a majority of the stockholders, after advertising the same for four weeks in a newspaper, published in Clarkesville, Ga., or if no paper there, then one published in the town nearest thereto. In all meetings of stockholders each stockholder shall be entitled to one vote for every share of stock owned by him or her. All votes shall be by ballot, and the votes cast in person or by proxy, duly given in writing. The Board of Directors shall have power to fill all vacancies which may occur in said board between the annual elections by the stockholders.

SEC. X. Be it further enacted by the authority aforesaid, That the first and all future Boards of Directors shall elect from their number a president of said railroad company, and shall have power to elect or appoint such other officers, agents or employees as they may deem necessary and proper to carry on the business of said company. The president and Board of Directors shall have power to conduct and control all the business and affairs of said company, except as to matters expressly ordered otherwise by the stockholders; to make all contracts, fix all salaries, call in and demand payments of subscriptions in installments, or as they may deem proper, under penalty of forfeiting shares of stock subscribed for and all previous payments thereon. The directors shall have power to adopt a corporate seal, make by-laws and regulations and declare dividends, but the stockholders shall have power to regulate and limit the powers of the board and modify and change the by-laws.

SEC. XI. Be it further enacted by the authority aforesaid, That the stock in said company shall only be transferable on the books of said company under regulations to be prescribed in the by-laws.

SEC. XII. Be it further enacted by the authority aforesaid, That the stockholders in said railroad company shall, in their private capacity, be bound to any creditor of the company for the amount of stock subscribed for by him or her, until such stockholder shall have paid on the debts of said company an amount equal to his unpaid subscription for stock, and not otherwise.

SEC. XIII. Be it further enacted by the authority aforesaid, That this Act of incorporation shall continue and be of force for the term of thirty years; provided, if five miles of said road are not constructed within ten years, then this charter shall be void.

SEC. XIV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.

Approval Date: Approved October 6, 1891.

SOURCE: Digital Library of Georgia


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