Taylor v. Whitney

Citations

• 5 Scam. 60

Syllabus

<p>Appeal from Sangamon.</p> <p>x. Statute — construed. The statutes passed in February, 1841, in relation to the construction of so much of the Northern Cross railroad as lies between the Illinois river and Springfield, gave to the fund' commissioner full power over this road, from Springfield to the Illinois river; and in completing it from Jacksonville to the first, named place, he was not restricted to any point in or near Springfield, as the place of termination ; that was left to his judgment.</p> <p>2. Same — same. None of the statutes, in relation to the construction of the Northern Cross railroad, can be so construed as to impose an obligation on the state, by accepting donations for depots, etc., to carry out any part of the railroad system according the original design.</p> <p>2, Same — same. The statute authorizing the donation and acceptance of lots oí land for depots and turnouts, on the Northern Cross railroad, can only be regarded as a declaration on the part of the state, to the effect, that if it should be deemed advantageous to the public interests to make a turnout and depot, at the place designated, they shall be placed on the lots donated; that they shall be used for that purpose, whenever it becomes necessary to use them ; but it does not prohibit the construction of turnouts or turning tables elsewhere. No obligation rests upon the state, by any law, to establish these works on the lots granted, or at any other particular place. The state cannot be hampered, or her policy controlled, by any such donations. Sem-ble, That if the lots are not used by the state, a reconveyance of them could be enforced.</p>