THE QUINCY RAIL ROAD BRIDGE

COMPANY

The Railroad Bridge at Quincy was originally built by a private corporation. The first movement in that direction was in 1853, by citizens of Quincy who, of date February 10, 1853, secured a Special Act of the Illinois Legislature authorizing Nehemiah Bushnell and others to incorporate by the name of "The Railroad Bridge Company," and to build a railroad bridge at Quincy, with power to unite and consolidate its franchise and property with any railroad company or bridge company in Illinois or Missouri, and to sell or lease the bridge, which was to be completed within six years.

Of date February 15, 1865, the Act of 1853 was "revived and re-enacted," and the time limit for completing the bridge was extended five years.

In 1866, the Chicago, Burlington & Quincy Company, having acquired the Northern Cross Road from Galesburg to Quincy, and desiring to connect with the Hannibal & St. Joseph Road, which was then being completed to Kansas City, authorized James F. Joy to acquire from Bushnell and others the franchise for a bridge which had been granted to them by the Illinois Legislature.

The assignment of this franchise was of date November 18, 1866, to James F. Joy and Warren Colburn, as individuals. Meantime, legislation was necessary in the State of Missouri. By an Act of the Missouri Legislature approved March 19, 1566, the powers and duties of corporations were prescribed, and by another Act approved on the same date, corporations. for the purpose of constructing bridges over streams or any part of streams within the State, were authorized, with power to issue bonds and to consolidate with any other Bridge. Company.

Following this, a Bridge Company was formed by citizens of Marion County, Missouri, under Articles of Incorporation dated March 28, 1866, with the name "The Quincy Bridge Company."

The Company in Illinois and that in Missouri both having power to consolidate, proceeded at once to adopt Articles of Consolidation between The Railroad Bridge Company of Illinois. and The Quincy Bridge Company of Missouri. These Articles were dated November 20, 1866, being signed on behalf of the Illinois Company by James F. Joy and Warren Colburn, Assignees of the Franchise of that Company. The name adopted for the consolidated Company was "The Quincy Rail Road Bridge Company."

Meantime, of date July 25, 1866, an Act of Congress was passed which provided as follows:

"It shall be lawful for any person or persons, company or corporation, having authority from the States of Illinois and Missouri for such purposes, to build a bridge across the Mississippi River at Quincy, Illinois, and to lay on and over said bridge, railway tracks, for the more perfect connection of any railroads that are or shall be constructed to the said river at or opposite said point."

Of date June 15, 1866, Congress also passed an Act that all railroads and bridges operated between two states were declared to be post roads.

Work was begun on the Bridge in January, 1867, and it was opened for traffic November 9, 1868.

Doubt having arisen regarding the legality of the acts of Joy and Colburn, the Legislature of Illinois, by an Act approved February 8, 1867, legalized and confirmed the consolidation.

Of date November 20, 1866, The Quincy Rail Road Bridge Company made a joint Lease of its bridge to the Chicago, Burlington & Quincy, the Toledo, Wabash and Western, and the Hannibal and St. Joseph Companies, giving to said railroad com panies full charge of the construction and operation of the bridge.

Of date January 1, 1869, a Lease of the Bridge, in perpetuity, was made to the same three Railroad Companies for an annual rental of $175,000, and of date July 1, 1873, a Supplemental Agreement was made between the same parties.

The Bridge was operated from the date of its completion in 1868, until February 1, 1875, by the three railroad companies

named, as joint lessees, at which time the Wabash Company dropped out, and from that time until July 1, 1900, it was operated by the Chicago, Burlington & Quincy and the Hannibal & St. Joseph, as joint tenants. From July 1, 1900 to December 1, 1903, it was operated by the Chicago, Burlington & Quincy as sole lessee, and since that time by that Company as owner, conveyance having been made to it by deed in fee simple of that date.

Pursuant to a resolution of the directors, of date October 7, 1897, the work of rebuilding the Quincy Bridge was undertaken by the lessors. Work was commenced in July, 1897, and the new bridge was completed (except the draw-span) on June 18, 1898. Work was discontinued in 1898 and resumed late in 1901 and work entirely completed in the fall of 1902.

Under authority and permission of the War Department, seven of the spans at the east end of the bridge were filled and not rebuilt. A highway attachment was included in the reconstruction of the bridge, this being opened September 10, 1899. In connection with the reconstruction of the bridge, the Burlington Company changed the approach on the east by building an additional track, 1.78 miles in length, commencing at the east end of the main bridge and extending thence in a southerly direction across Bay and Tow Head Islands, and crossing Quiney Bay on a new bridge at the south end of the last named island, thence to a connection with the former lines in the city of Quincy. This line was constructed under a contract and agreement with the city of Quincy.

ACT OF LEGISLATURE

Approved February 10, 1853.

AN ACT to incorporate the Quincy Bridge Company. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Nehemiah Bushnell, Samuel Holmes, John Wood and James M. Pitman, their associates, successors, heirs and assigns, be and they are hereby created a body corporate, by the name and style of "The Railroad Bridge Company", with power to build, maintain and use a railroad bridge over the Mississippi river, or that portion within the jurisdiction of the State of Illinois at or near Quincy, in such manner as shall not materially obstruct or interfere with the free navigation of said river, and to connect by railroad or otherwise such bridge with any railroad, either in the State of Illinois or Missouri,

terminating at or near said point, to unite and consolidate its franchises and property with any and all bridge or railroad companies, in either of said States; to fix the amount of capital stock; to divide, transfer and increase the same; to borrow money and pledge or mortgage its property and franchises; to condemn, according to law, property for the uses and purposes of said company; to contract bargain and agree with any such railroad companies for and in the construction and maintenance of such bridge; to sell or lease said bridge or the use of the same, or the franchises of said company, to any companies or corporations: Provided, that said company shall commence said bridge within three years, and shall complete the same within six years from the passage of this act. § 2. This act to take effect and be in force from and after its passage.

APPROVED February 10, 1853.

Private Laws Illinois 1853, Page 576.

ACT OF LEGISLATURE

Approved February 15, 1865.

AN ACT to revive an act entitled "An Act to incorporate the Quincy Bridge Company," approved February 10, 1853.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the act in the title hereof mentioned is hereby revived and re-enacted, and the time limited for the commencement of the construction of said bridge is hereby extended five years from the passage of this act.

§ 2. The said corporation hereby revived, together with all incorporations with which it may hereafter consolidate or connect, shall be subject to such regulations in regard to the tariff on passengers and freight, as may be prescribed by any law of the General Assembly of this State. § 3. This act shall be deemed a public act, and shall take effect from and after its passage.

APPROVED February 15, 1865.

Private Laws Illinois 1865, Vol. 1, Page 194.

ACT OF GENERAL ASSEMBLY OF MISSOURI
Approved March 19th, 1866.

THE LAWS OF MISSOURI.

AN ACT CONCERNING PRIVATE CORPORATIONS.

CHAPTER 69.

OF THEIR GENERAL POWERS AND LIABILITIES.

Be it enacted by the General Assembly of the State of Missouri, as follows:

SECTION 1. Every corporation, as such, has power: first, to have succession by its corporate name, for the period limited in its charter, and

when no period is limited, for twenty years; second, to sue and be sued, complain and defend, in any court of law or equity; third, to make and use a common seal, and alter the same at pleasure; fourth, to hold, purchase, mortgage or otherwise convey such real and personal estate as the purposes of the corporation shall require, not exceeding the amount limited in its charter, or the law creating it, and also to take, hold and convey such other property, real, personal, or mixed, as shall be necessary or requisite for such corporation to acquire in order to obtain or secure the payment of any indebtedness or liability belonging to the corporation; fifth, to appoint such subordinate officers and agents as the business of the corporation shall require, and to allow them a suitable compensation; sixth, to make by-laws, not inconsistent with existing law, for the management of its property, the regulation of its affairs, and for the transfer of its stock; seventh, to increase or diminish, (by a vote of its stockholders, cast as its by-laws may direct) the number of its directors or trustees to not less than three nor more than thirteen, and may in like manner change its corporate name without anywise affecting its rights, privileges or liabilities; such changes of name or number of directors or trustees shall take effect and be in force from the date at which the president or secretary of such corporation shall file with the Secretary of State an affidavit setting forth the name adopted or the number of directors or trustees fixed, together with the date at which such change in name or number of directors or trustees was voted by the stockholders of such corporation.

§ 2. Whenever any corporation shall be organized under the laws of this State, it shall be the duty of the officers of said corporation to file with the Secretary of State a copy of the articles of association or incorporation, and a corporate existence of such corporation shall date from the time of filing such copy of such articles, and a certificate of the Secretary of State, under the seal of the State, that said corporation has become duly organized, shall be taken by all courts of this State as evidence of a corporate existence of such corporation. Any private or public corporation may increase its capital stock to any amount, not exceeding double the amount of their authorized capital, by holding an election of the stockholders in conformity with the by-laws thereof, and if at such election a majority of the stockholders shall vote for the increase of stock, the same may be increased by a vote of the board of directors, trustees or other business managers of such corporation, and upon such increase of stock being made in accordance with the by-laws, the date, amount and subscription for such new stock shall be returned to the office of Secretary of State, and from the time the same is filed the increase of stock shall become a part of the capital thereof.

3. The powers enumerated in the preceding section shall vest in every corporation that shall hereafter be created or organized.

4. In addition to the powers enumerated in the first section of this chapter, and to those expressly given in its charter, or in the act under which it is incorporated, no corporation shall possess or exercise