Co., State ex rel. City of New Orleans v., (La.).........258, 263 New Orleans & Pacific R. Co. v. Union Trust Co. (C. C.)........ 458 Newport Street R. Co. Taggart v., New York Elevated R. Co. v. Fifth R. Co., Com. ex rel. Atty. Gen. Humphreys v., (N. Y.)..... 700 New York, West Shore & Buffalo R. Co., Conger v., (N. Y.).... Northern R. Co. v., (Minn.).... 170 Portland, City of, Lincoln Nat. Ratterman, Miller v., (Ohio.). 339 Rauenstein v. New York, L. & W. Ray, Georgia Southern & Florida 136 95 Rector, etc., of the Church of the Extension R. Co., (N. J.)...... 654 Richards, Western New York & 380 THE AMERICAN AND ENGLISH RAILROAD CASES. VOLUME XLIII. CASE ย. KELLY et al. (133 U. S. 21.) Power to Acquire Lands-Use for Railroad Purposes.-A railroad company which is authorized to acquire land 100 feet in width for right of way, and also such lands as are needed for depot buildings, etc., and for purposes connected with the use and management of the railroad, cannot acquire lands which are not necessary for railroad purposes, even though they be donated for the purpose of aiding its construction, when no statute of the state authorizes corporations to hold lands without regard to the uses to be made of them. Same-Judicial Notice of Private Act-Charter.-The fact that the charter of a corporation is a private act of which the court cannot take judicial notice, and that it was not brought to the notice of the court, by pleading or otherwise, does not authorize the court to enforce the right of the company to lands not necessary for corporate purpose when no authority by general statute to acquire such lands is shown. Same-Charter-Judicial Notice Declaration in Statute.-Although the legislature may not, by provision inserted in the act, have the power to make that a public law which, in its essential nature, is a private law, yet where the legislature has expressly declared that a charter shall be a public act, the courts are authorized to take judicial notice of its terms. Same-Suit by Corporation-Sole Right of State to Question Authority.Where a corporation is seeking to obtain title to lands which are not required for corporate purposes and the acquisition of which is ultra vires. the rule that the power of the corporation to hold lands is one which concerns the state alone, and the title thereto can only be defeated by proceedings in the nature of quo warranto on behalf of the state does not apply, and the court will not enforce a contract or trust in favor of the corporation. Same-Compensation for Improvements. Where a person admits that he holds lands in trust for a corporation, and offers to convey them upon payment for the improvements, a decree authorizing the corporation to acquire title to the lands only upon payment of compensation for the improvements, is not unjust or inequitable. Same-Retention of Property Fraudulently Acquired. Where the corporation is not authorized to acquire title to lands, the fact that lands were |