The Belleville & Illinoistown R.R. Co. v. Gregory

• Decision Date: 30 November 1853
• Citation: 58 Am.Dec. 589,5 Peck 20,1853 WL 4775,15 Ill. 20
• Court: Illinois Supreme Court
• Parties: THE BELLEVILLE & ILLINOISTOWN RAILROAD COMPANYv.RICHARD A. GREGORY AND WIFE.

15 Ill. 20
1853 WL 4775 (Ill.)
58 Am.Dec. 589
5 Peck (IL) 20

THE BELLEVILLE & ILLINOISTOWN RAILROAD COMPANY
v.
RICHARD A. GREGORY AND WIFE.

Supreme Court of Illinois.

November Term, 1853.

THIS was an action of trespass brought by Gregory and wife against the railroad company, for entering upon the lands of Gregory, making embankments thereon, etc. The company by plea in defense, set up the grant by the legislature, the appointment of commissioners under the law to procure a condemnation of the right of way over the lands in question, the tender of the damages assessed, the refusal to accept, etc., and that the company entered upon the lands as they lawfully might, etc. To this plea a demurrer was filed.

The cause was heard before UNDERWOOD, judge, at August term, 1853, of the St. Clair circuit court. The demurrer was sustained; the plaintiff below waived the execution of a writ of inquiry, and took judgment for one cent damages, and costs.

[15 Ill. 21]

The railroad company brought the cause to the supreme court.

G. KOERNER, for plaintiff in error.

S. BREESE, for defendants in error.

CATON, J.

The first section of the charter creates the “Belleville & Illinoistown Railroad Company” a body politic and corporate. The second section authorizes the company to construct a railroad from Belleville to Illinoistown. The third section contains a grant of powers necessary for the execution of the work. The fourth section provides that the company may obtain the right of way, in case of disagreement with the owners, in the mode prescribed by the act relating to the rights of way, approved March 3, 1845. This section, however, subsequently provides that the governor shall appoint three commissioners to assess the damages to the owners of lands, etc., taken for the road, and it requires the commissioners to deliver their award to the company, “to be recorded by said corporation in the circuit clerk's office of St. Clair county,” when the title to the land thus condemned shall be vested in the corporation, provided that notice of the intention of the company to apply to the governor for the appointment of the commissioners shall be first published for thirty days in some newspaper printed in St. Clair county. This section also provides that the taking of an appeal shall not affect the possession of the company, and that no appeal by the owner of the land shall be allowed, or writ of error prosecuted, unless the owner shall stipulate that the company may enter upon and occupy the land “upon said company giving bond and security, to be approved by the clerk of the circuit court of the county of St. Clair, that they will pay to the party appealing or prosecuting such writ of error all costs and damages that may be awarded,” etc. The fifth section fixes the capital stock of the company at $100,000, with authority to the stockholders to increase it to the amount expended on said road. The sixth and seventh sections provide for a board of directors, their election, meetings, etc. The eighth section requires the office of the company to be located in the city of Belleville. The ninth, tenth and eleventh sections relate to the mode of operating the road. The twelfth section provides for crossing other roads, water-courses, etc. The thirteenth section relates to dividends. The fourteenth authorizes the company to purchase land and to work the coal beds therein, and for that purpose

[15 Ill. 22]

they may buy out other companies or lease their tracks, rights and privileges, “and may make, have, use and maintain any and all branch roads by said company deemed necessary in transacting their business, condemning all lands and ways therefor as herein above provided.” This section also authorizes the company to purchase or lease a ferry franchise. The fifteenth section authorizes the city of Belleville and the county of St. Clair to subscribe stock in the corporation. The sixteenth section prescribes penalties for injuring the road, etc.

The seventeenth section is one under which the company claim the right to extend their road to and unite it with the Chicago & Mississippi Railroad at or near the city of Alton, and is in these words:

“Said company shall have the power to extend to and unite its road with any other railroad now constructed, or which may hereafter be constructed in this state, and for that purpose full power is hereby given to said company to make and execute such contract with any other company as will secure the objects of such connection.”

The two remaining sections authorize the company to borrow money and limit the time within which the road shall be completed.

Upon the construction of this seventeenth section must depend the decision of the question now presented. In seeking for the intention of the legislature as expressed in any portion of a law it is eminently proper to look into the whole law, as one portion may frequently be designed to extend, qualify or limit another portion. Hence I have stated the substance of the whole act, so far as it can possibly affect this question.

It is undoubtedly true that the primary object of the legislature in the passage of this charter, and that which was most in their contemplation, was to provide for and secure the construction of a railroad from the city of...