Consolidation. 
365 
attempted to secure consolidation privilege in their charters. 
While this right was expressly conferred in some charters, in 
others it was couched in less noticeable language, such as 
“power to purchase or to lease”, “power to operate with other 
roads”, and “may connect themselves in business with any other 
person or persons." It may be urged that these provisions do 
not grant consolidation powers, because they are not expressly 
granted, and that a corporation charter grants no implied powers. 
And if the provisions of the charter are not clearly expressed, 
it may be urged that “ambigious words in a charter are to be 
construed most strongly against the corporation”. 1 
And again, “ That which a company is authorized to do by 
its act of incorporation, it may do; beyond that all its acts are 
illegal. ” 2 On the other hand, it is a recognized principle of 
law that “ the charter of a corporation, read in connection with 
the general laws applicable to it, is the measure of its powers ” 
and that the rule applicable to statutes is applicable to char¬ 
ters, and hence “ that which is fairly implied is as much granted 
as what is expressed. ” 3 However, these are legal questions 
which cannot be discussed exhaustively here. 
Consolidation was for the first time warmly discussed through¬ 
out the state in 1863, when the east and west lines were plan¬ 
ning a union. 4 The controversy over this contemplated combina¬ 
tion brought before the public a few facts which must first 
attract our attention. In 1857 the legislature passed “An 
1 Perrine vs. Chesapeake and Delaware Canal Co., 9 Howard, 172. 
2 27 Penn., 351; decision by Chief Justice Black. 
3 Hirschl, Combination, Consolidation , and Succession of Corpo¬ 
rations; Chicago, 1896, pp. 3 and 31. 
4 The agitation reached its height during the summer months. But the 
stirring events of the civil war during that time made such demands on 
newspaper space that the railroad movement was frequently lost sight of. 
The Milwaukee papers, especially the Sentinel, published letters discuss¬ 
ing consolidation, but these were sometimes abridged or even left unpub¬ 
lished for want of space. The editors call attention to this fact. Some of 
these letters were published in various parts of the state, but frequently 
dismissed with a few lines, if noticed at all, in the editorial column, while 
during ordinary times the editors would undoubtedly have gladly devoted 
columns to the subject. 
