in the aggregate, at the period of the completion of said road, three-fourths of the whole amount actually expended in said road and its appendages, and to make and execute in the corporate name of said company, all necessary writings, notes, bonds, or other papers, for any liability that it might incur in the construction of said road.

Your orators further show to your honor that another act was passed by the legislature of the State of Wisconsin, entitled, "An act to authorize the railroad companies named therein to consolidate their capital stock," which act was approved March 10, 1855, a copy of which act is hereunto annexed, marked Exhibit 6, and made a part of this bill, by which act it was provided that the Illinois and Wisconsin Railroad Company, in the State of Illinois, which said company was then and there a body corporate, duly incorporated under and by virtue of the laws of the State of Illinois, and the Rock River Valley Union Railroad Company in the State of Wisconsin, were authorized and empowered to consolidate the capital stock of the two companies, and to make the two companies one, and to place the affairs and property of the two companies under the direction of one board of directors, of not more than seventeen nor less than eleven, and that the said companies, when so consolidated under the direction of one board of directors, might choose for itself any name that a majority of the directors might deem fit; and, by section five of said act, it was provided that the said consolidated company should be and remain subject to the laws of the State of Wisconsin and the State of Illinois, respectively, and to have, in all respects, the same privileges as though the consolidation had not taken place, as by the terms of said act, to which reference is hereby made, will more fully and at large appear.

And your orators show that, by virtue of the provisions of said act, the said roads were consolidated in the manner provided in said act, on the 30th day of March, A. D. 1855, and that the_name adopted by said consolidated company was the Chicago, St. Paul & Fond du Lac Railroad Company; and that the said Illinois and Wisconsin Railroad Company, in the State of Illinois, had full power, by virtue of its charter, to become a party to said consolidation, which charter was passed by the general assembly of the State of Illinois, approved February 12, 1851, and to unite and consolidate the said road with any railroad company then incorporated, or that might thereafter be incorporated, in the State of Wisconsin, and to place the said road, when consolidated, under the control and supervision of a joint board of directors, upon such conditions, provisions, and limitations as might be mutually agreed upon by said railroad company, as by reference to said act, which is hereto annexed, marked Exhibit 7, will more fully and at large appear.

Your orators further show to your honor that an act was passed by the legislature of said state of Wisconsin, which was approved February 12, 1857, entitled "An act to authorize the Chicago, St. Paul and Fond du Lac Railroad Company and the Wisconsin and Superior Railroad Company to consolidate," by the terms of which act it was provided that the said Wisconsin and Superior Railroad

Company might consolodate its property and franchises named in said act with the property and franchises of the said Chicago, St. Paul and Fond du Lac Railroad Company; and said consolidated company was vested by said act with all the rights, privileges and franchises which before the passage of the act belonged to either the said Chicago, St. Paul and Fond du Lac Railroad Company or the said Wisconsin and Superior Railroad Company, among which was the right to construct and operate a railroad from the city of Fond du Lac, aforesaid, northwardly, to the Wisconsin State Line, a copy of which is hereto annexed, marked Exhibit 74, and made a part of this bill.

Your orators further show that in pursuance of the authority conferred by said act, on the 5th day of March, A. D. 1859, the said Chicago, St. Paul and Fond du Lac Railroad Company and the said Wisconsin and Superior Railroad Company were consolidated into one corporation in the manner specified in the said act, and that the said consolidated corporation was known by the name of the Chicago, St. Paul and Fond du Lac Railroad Company.

Your orators further show to your honor that, after the consolidation aforesaid, an act was passed by the legislature of the State of Wisconsin, which was approved March 14, 1859, by which it was provided that, in case the railroad of the Chicago, St. Paul and Fond du Lac Railroad Company, or any part of the said railroad lying within the said State, should be sold by virtue of any mortgage, deed or deeds of trust, either by foreclosure or other proceeding in law or equity, or by advertisement in pursuance of the power or authority in any such mortgage or deed of trust contained, the purchaser or purchasers in any such case, his or their associates, successors or assigns, if desiring to form a corporation under and by virtue of the laws of said State, or of the States of Illinois or Michigan, or any or all of said States, might file in the office of the Secretary of State of said State of Wisconsin a certificate specifying the name of the said corporation, the number of the directors and the names of the directors, which certificate should be signed by the said purchaser or purchasers; and, upon the filing of such certificate, the persons who should have signed the same should be a body politic and corporate by fhe name stated in such certificate; and said corporation should possess all the previous powers, authorities and capacities acquired by the said purchaser or purchasers, or possessed by the said Chicago, St. Paul and Fond du Lac Railroad Company by virtue of any law of said State of Wisconsin, or of the States of Illinois or Michigan, as by said act, a copy of which is hereto annexed, marked Exhibit 8, and made a part of this bill, will more fully and at large appear. Your orators further show to your honor that an act was passed by the General Assembly of the State of Illinois, approved February 19, 1859, entitled "An act to authorize the sale of the Chicago, St. Paul and Fond du Lac Railroad," and to enable the purchasers thereof to form a corporation, a copy of which act is hereto annexed, marked Exhibit 9, and made a part of this bill, by which act the same power was conferred upon the Chicago, St. Paul and Fond du Lac Railroad

Company in the State of Illinois that was conferred upon said railroad company in the State of Wisconsin, by virtue of the act of Wisconsin last aforesaid.

Your orators further show to your honor that, afterward, to-wit, on the 2d day of June, A. D. 1859, the said railroad, franchises and property of the said Chicago, St. Paul and Fond du Lac Railroad Company were sold under and by virtue of certain trust deeds which had been given by said company to secure its indebtedness, and that the purchasers of said railroad, its property and franchises, afterward, on the sixth day of June, 1859, became incorporated both in the State of Illinois and Wisconsin, in the manner provided for in the acts of said States last aforesaid, and that the name of the company so formed was the Chicago and Northwestern Railway Company.

Your orators further show that, when the said Chicago, St. Paul and Fond du Lac road was sold, as aforesaid, there were not separate sales of the portion lying in Illinois and the portion lying in Wisconsin, but the entire road, from the city of Chicago, in Illinois, to the city or town of Fond du Lac, in Wisconsin, was sold as a consolidated road, at Janesville, in Wisconsin, on the 2nd day of June, 1859, and the deed to the purchasers described the property sold as "all and singular, the railroad from Chicago, in the State of Illinois, via Woodstock to Janesville, in the State of Wisconsin, and thence, via Watertown, to the city of Fond du Lac, in the State of Wisconsin."

Your orators further show to your honor that the legislature of said State of Wisconsin passed an act, approved March 8, 1862, by which was conferred upon said Chicago and Northwestern Railway Company all the rights, privileges, powers and authority contained in the charter of the said railway company and in the charter of the Chicago, St. Paul and Fond du Lac Railroad Company and the Wisconsin and Superior Railroad Company, to which said Chicago and Northwestern Railway Company is the successor, as by the provisions of said act, a copy of which is hereunto annexed, marked Exhibit 10, will more fully and at large appear.

Your orators further show to your honor that the Galena and Chicago Union Railroad Company was a corporation of the State of Illinois, duly incorporated under and by virtue of the provisions of an act of the General Assembly of said State, approved January 13, 1836, entitled "An act to incorporate the Galena and Chicago Union Railroad Company," a copy of which is hereto annexed, marked Exhibit 11, and made a part of this bill.

And your orators further show to your honor that the Galena and Chicago Union Railroad Company was authorized by the terms of the act of the General Assembly of the State of Illinois, under which the same was incorporated, as aforesaid, to prescribe the manner in which the railroad specified in said act should be used and the rates of toll for the transportation of persons or property thereon, and also to borrow any sums of money which might in its discretion be deemed necessary, not exceeding its capital stock, to aid in the construction of its said roads, as by reference to said act,

which is hereby made a part of this bill, will more fully and at large appear.

Your orators further show to your honor that, on the 2d day of June, 1864, the said Chicago and Northwestern Railway Company and the said Galena and Chicago Union Railroad Company consolidated their property and franchises into one corporation, by the name of the Chicago and Northwestern Railway Company, that that consolidation was made in pursuance of the laws of the said State of Wisconsin and the laws of the State of Illinois; that afterwards, to-wit, on the fifth day of February, 1865, the consolidation of said companies was approved and ratified by an act of the legislature of the State of Illinois, approved February 15, 1865, entitled "An act to extend the powers of the Chicago and Northwestern Railway Company," by which act it was provided that said company, as then consolidated, should have and exercise all the power theretofore conferred by the laws of said State, or of any other State, upon the Chicago and Northwestern Railway Company, the Galena and Chicago Union Railroad Company, or any other company consolidated with it, as by section 2 of the act aforesaid, a copy of which is hereto annexed, marked Exhibit 12, and made a part of this bill, will more fully and at large appear.

Your orators further show to your honor that, by virtue of said consolidation, the Chicago and Northwestern Railway Company became vested with all the rights, powers, privileges and franchises which had been theretofore conferred by the laws of the State of Illinois upon the Chicago and Northwestern Railway Company, the Galena and Chicago Union Railroad Company, or by the laws of the State of Wisconsin upon the said Wisconsin and Superior Railroad Company, or upon the said Chicago, St. Paul and Fond du Lac Railroad Company, or upon the said Chicago and Northwestern Railway Company, among which powers was the authority and right to demand and receive such sums of money for the transportation of persons and property, and for the storage of property, as the said railway company from time to time shall deem reasonable.

That the portion of the Chicago and Northwestern Railway Company's railroad in the State of Wisconsin, which extends from Fort Howard, in a northerly direction, to a point at or near the mouth of the Menomonee river, was constructed during the year 1871; that, for the purpose of constructing said road, and so much of the connection therewith in the State of Michigan as lies between the north line of the State of Wisconsin and the line of railroad of the Chicago and Northwestern Railway Company in Michigan, known as the Peninsula Division, as hereinafter stated, the said Chicago and Northwestern Railway Company, under the power given to it, as aforesaid, by the laws of the State of Wisconsin, on the first day of June, A. D,, 1871, issued its bonds called the Menomonee Extension First Mortgage Sinking Fund Gold Bonds, to the amount of two millions seven hundred thousand dollars ($2,700,000) and numbered from 1 to 3,400 inclusive, of which said. bonds 1,400 were for the sum of five hundred dollars ($500) each,

and two thousand were for the sum of one thousand dollars ($1,000) each; that the bonds of $500 each were numbered from (1) to 1,400 inclusive, and the bonds of $1,000 each were numbered from 1,401 to 3,400 inclusive; that a copy of said bonds, varying only in number, is hereto annexed, marked Exhibit 13, and made a part of this bill, and reference is hereby made to the same for greater certainty; that said bonds were made payable to your orator, the Farmers' Loan and Trust Company of the city of New York, and to secure the payment of said bonds, the said Chicago and Northwestern Railway Company, on the first day of June, A. D. 1871, executed and delivered to the said Farmers' Loan and Trust Company, a corporation of the State of New York, in the city of New York, its trust deed, and, by said trust deed, said railway company, for the purpose of securing the payment of the principal and interest of said bonds, [the interest being seven per cent. per annum, payable semi-annually on the first days of June and December in each year, in gold coin of the United States, the principal of said bonds being payable to the bearer thereof in gold coin of the United States, on the first day of June, 1911,] granted, bargained, sold and conveyed to the said Farmers' Loan and Trust Company, the railroad of said Chicago and Northwestern Railway Company, then being constructed from the town of Fort Howard, in the State of Wisconsin, to a junction with the line of railroad in Michigan, owned by the said Chicago and Northwestern Railway Company, known as the Peninsula Division, being a distance of about 120 miles, including all the railways, ways, rights of way, depot-grounds, and other lands, of tracks, bridges, viaducts, culverts, fences and other structures, of depots, station-houses, engine-houses, car-houses, freighthouses, wood-houses, and other buildings, and of machine or other shops, whether then held or thereafter acquired for use in connection with said railroad or the business thereof, and including all locomotives, tenders, cars and other rolling stock, and equipment, tools, implements, fuel and materials for constructing, operating, repairing, or replacing the said railroad or any part thereof, or any of its equipment or appurtenances, whether then held or thereafter to be acquired, all of which were thereby declared to be appurtenances and fixtures of the said railroad, and included also all franchises connected with or relating to the said railroad, or the construction, maintenance or use thereof then held or thereafter to be acquired by said railroad company, including the franchise to be a corporation, together with all and singular tenements, hereditaments thereto belonging, as by said deed of trust, a perfect copy of which is hereto annexed, marked Exhibit 14, and made a part of this bill, will more fully and at large appear.

And your orators further show to your honor that the said $2,700,000 in bonds, as aforesaid, were sold by the said Chicago and Northwestern Railway Company, and the proceeds thereof were used in the construction of the railway aforesaid, and in equipping the same, and that your orator, Henry R. Pierson, afterwards became the owner, by purchase, for a full and fair consideration, of $25,000 of said bonds, to wit: which bonds are

to