Morrison Waite

“ The claim of the railroad company is that, by law and usage in Illinois, the operative effect of its charter in that state is to make such a contract as that now sued on ultra vires.
Whenever it becomes necessary, under this requirement of the constitution, for a court of one state, in order to give faith and credit to a public act of another state, to ascertain what effect it has in that state, the law of that state must be proved as a fact. No court of a state is charged with knowledge of the laws of another state ”

“ Louis Railroad Company, that said railroad company would always employ plaintiff or its ferry to transport across the Mississippi river all persons and property which might be taken across said river, either way, to or from the Illinois shore, either for the purpose of being transported on its railroad, or having been brought to said river on said road, so that plaintiff, its representatives or assigns, should have the profits of the transportation of all such persons, passengers, and property taken across the river either way, by said Alton & St. ”

“ Louis Company was.
This suit was brought by the ferry company in a state court of Missouri, against the Chicago & Alton Company, to recover damages for not employing the ferry company for the transportation of persons and property across the river, as by the contract it was bound to do. The railroad company set up, by way of defense, among other things, that 'it had no power or authority to make or enter into any agreement whatever, perpetually obliging itself * * * not to cross persons and property, nor not to employ others to do so, in the manner alleged in the petition ”