Horace Gray

“ In 1850 the legislature passed a general railroad act authorizing the formation of railroad corporations with thirteen directors, and providing that the subscribers to the articles of association and all who should become stockholders in the company should become a corporation, and 'be subject to the provisions contained in' the aforesaid title of the Revised Statutes. ”

“ In the same year a railroad corporation was organized under that act for the construction of a railroad from the city of Rochester to the town of Portage; and in 1851, by a statute amending the charter of the city of Rochester, that city was authorized to become a stockholder in the corporation, and to appoint four of the thirteen directors. Stat. 1851, chap. 389, § 24. In 1867 the legislature passed another statute, authorizing the city to appoint seven of the thirteen directors. Stat. ”

“ Smith, 1 Black, 587, 17 L. ed. 163; Miller v. New York, 15 Wall. 478, 21 L. ed. 98; Holyoke Water Power Co. v. Lyman, 15 Wall. 500, 21 L. ed. 133; Sinking Fund Cases, 99 U.S. 700, 720, 721, sub nom. Union P. R. Co. v. United States, 25 L. ed. ”