The Proposed Railway Trust

Cover The Proposed Railway Trust
The Proposed Railway Trust
Charles Fisk Beach
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Approaching the matter of the formal organiza- tion of such a trust, account must be taken, first, of the public or semi-public functions imposed by rules of law and public policy upon common car- riers; and, second, of certain particular disabling requirements of law affecting railway corporations, a violation of which must be scrupulously avoided. The association contemplated must be entirely be- tween the individual stockholders or stock and bondholders, and not at all between the railway co
...rporations themselves. The corporation must be absolutely independent of the trust, and wholly separate and apart from it.
In formulating the scheme regard must be had to the rule of law that one railway company can- not vote on the stock of another railway company. It may sometimes lawfully acquire the stock of an- other road, and it may then lawfully hold it and receive dividends on it; but it is becoming a well settled rule that it cannot vote on it at corporate meetings, either directly or through the medium of trustees.


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