In the Matter of the Application of the San Francisco And San Joaquin Valley Rai
In the Matter of the Application of the San Francisco And San Joaquin Valley Rai
Edgar F Preston
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2957, prescribes certain requisites to make them valid. Sec. 2961, makes a location for personal property of a common carrier. Sec. 456, of the same code, gives a general power to railroad cor- porations to mortgage their corporate property and franchises, the same as Sec. 465, Sub. 5, gives the general power to construct their road over streets, roads, etc. The U. S. Cir. Ct. Of Appeals held that the provisions of the Code relating to chattel mortgages had no application to steam railroads, fo...llowing the last case cited. Union Loan and Trust Co. Vs. S. Cal. Motor Co. , 64 Fed. Rep. , 450. 12 The main thought of these Federal decisions is the necessity for the use by the public, and the general doctrine of the Courts is to construe laws so as to promote intercourse and commerce and afford greater facilities therefor. This is well expressed by this Court in Montgomery vs. Railway Co. , 104 Cal. , 190. If this Court should be satisfied by the rules of reasonable construction, that it was not the intention of the Legislature to include steam railroads within the purview of this Act of 1893, then it should not adhere too rigidly " to the " mere letter of the statute or to too technical " rules of construction.
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