State v. Tompkins

• Decision Date: 25 November 1896
• Citation: 25 S.E. 982,48 S.C. 49
• Parties: STATE ex rel. SOUTHERN RY. CO. v. TOMPKINS, Secretary of State.
• Court: South Carolina Supreme Court

25 S.E. 982

48 S.C. 49

STATE ex rel. SOUTHERN RY. CO. v. TOMPKINS, Secretary of State.

Supreme Court of South Carolina

November 25, 1896

Petition of the Southern Railway Company for mandamus to D. H Tompkins, secretary of state of South Carolina. Granted.

Wm. A Barber, Atty. Gen., for secretary of state.

WITHERSPOON Special Judge.

The petitioner, the Southern Railway Company, to this court, in the exercise of its original jurisdiction, for a writ of mandamus to compel the respondent Hon. D. H. Tompkins, as secretary of state, to file in his office a copy of the charter given to the petitioner under the laws of the state of Virginia, in compliance with the provisions of an act of the legislature entitled "An act to provide the manner in which railroad companies, incorporated under the laws of other states or countries may become incorporated in this state," approved March 9, 1896. In his return the respondent admits that the relator, the Southern Railway Company, did tender to relatee, as secretary of state, to be filed in his office, as stated in the petition of relator, a duly-authenticated copy of its charter, granted by the state of Virginia, in compliance with the provisions of the act of March 9, 1896, aforesaid. The respondent also admits that he declined to receive and file in his office the copy so tendered, upon the ground that the act of March 9, 1896, is unconstitutional, being in conflict with section 8, art. 9 of the constitution of this state , ratified December 4, 1895. If the aforesaid act of March 9, 1896, should be held to be constitutional, the respondent submits that he is entitled to the fees fixed by the ninth section of an act entitled "An act to provide for the formation of certain corporations and to define the powers thereof," also approved March 9, 1896, in addition to the fees allowed under the first section of the act first above mentioned.

It appears that the Richmond & Danville Railroad Company, organized under the laws of Virginia prior to June 30, 1894, operated, as owner and under leases, connecting lines of railroads in different states, including the lines of railroads in this state mentioned in the petition. It also appears that the said respective lines of railroads, including those mentioned in this state, were sold on or about June 30, 1894, under foreclosure proceedings, in the United States circuit court, and purchased by the bondholders, who subsequently reorganized, under a charter granted by the state of Virginia, as the Southern Railway Company, and have ever since operated said lines of railroads in different states, including the roads in this state mentioned in the relator's petition. The relator, being desirous of becoming a domestic corporation under the provisions of the act of March 9, 1896, tendered the secretary of state an authenticated copy of its Virginia charter, to be filed in his office, and offered to pay said secretary of state $13 fees for filing same. The secretary of state declined to file said copy in his office for the reasons stated in his return.

Section 8 of article 9 of the constitution provides: "The general assembly shall not grant to any foreign corporation or association a license to build, operate or lease any railroad in this state, but in all cases where a railroad is to be built or operated or is now being operated, in this state and the same shall be partly in this state and partly in another state, or in other states, the owners or projectors thereof shall first become incorporated under the laws of this state; nor shall any foreign corporation or association lease or operate any railroad in this state, or purchase the same or any interest therein. Consolidation of any railroad lines and corporations in this state with others shall be allowed only where the consolidated company shall become a domestic corporation of this state. No general or special law shall be passed for the benefit of any foreign corporation, operating a railroad under any existing license of this state or under an existing lease, and no grant of any right or privilege and no exemption from any burden shall be made to any such foreign corporation, except upon the condition that the owners or stockholders thereof shall first organize a corporation in this state under the laws thereof and shall thereafter operate and manage the same and the business thereof under said domestic charter." The first section of the act of March 9, 1896, entitled "An act to provide the manner in which railroad companies incorporated under the laws of other states or countries...