Harris v. Mississippi Valley & Ship Island Railroad

Citations

• 51 Miss. 602

Syllabus

<p>1. Quo Warranto : Raib'oad franchise.</p> <p>It is not every excess of power, nor every omission of duty that produces the effect of forfeiting a charter. The public must have an interest in the act done, or omitted to be done. If it is confined to the corporation, and in no wise affects the community, it should not be considered as of those conditions upon which the grant is made. The injunction of the legislature to the courts is to construe the charter favorably and liberally for the corporation, so as to carry out its purposes. In order to a forfeiture, there must be something wrong done, arising from willful abuse or improper neglect.</p> <p>% Same: Same: Failure to comply with requirements in the charter.</p> <p>Where the charter of a railroad defines the beginning point and terminus of the road, gives the general direction, and requires a survey of the route to be made, and a map made and filed in the office of the secretary of state within twelve months from the granting of the charter; this is not a material condition in the charter, and a failure to comply with it will not work a forfeiture of the franchise.</p> <p>3. Same: Same: What will worlc a forfeiture of a franchise.</p> <p>Courts will proceed with extreme caution in proceedings which have for their object the forfeiture of corporate franchises, nor will it he visited except for a plain abuse of power, by which the corporation fails to fulfill the design and purpose of its organization. The acts of misuser, or nonuser must be touching matters which are of the essence of the contract between the sovereign and the corporation, and they must be willful and repeated.</p> <p>4. Same : Same : Failwe to elect directors.</p> <p>A failure of the railroad company to elect directors does not work a dissolution of the corporation, as the old board hold over until their succes. sors are elected and qualified, and though they may not have had any election since the date of the amended charter, it is not dissol