In force Feb.[February] 12, 1835.
AN ACT to amend “An act to Incorporate the Wabash Navigation Company,” approved, January 13, 1825.
1Directors heretofore appointed continued in office.
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the directors of the Wabash Navigation Company, appointed at the last session of the General Assembly of the State of Illinois, are hereby constituted and appointed directors thereof, to hold their offices for
five years next ensuing, and until their successors in office are duly elected and
qualified.2
What portion of said river to be improved.
Sec. 2. That nothing in this act contained, or the act to which this is an amendment, shall
be so construed as to authorize said company to alter, change or improve by canal, fore-bay, race, lock, dam or otherwise, any
other portion of the Wabash river, than that situate between Mount Carmel and the head of the Little Rock rapid; and the said company be, and they are hereby authorized to take out, either through a race, canal or fore-bay,
within the limits above prescribed, a sufficient quantity of water to propel any mills
or machinery that they may think proper to erect
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or establish at or near said race or canal: Provided, always, That the quantity of water so taken out of the river, or applied to the purposes aforesaid, shall not prejudice the navigation of said
river. 3Shall purchase any land by them entered upon.
Sec. 3. That said company shall not enter upon the land of private individuals for the purpose of cutting a
canal, or otherwise improving the navigation of the Wabash river, except in pursuance of the limits and restrictions of the act to incorporate the
Wabash Navigation Company, approved, January 13, 1825, and when the value of any land shall be assessed as
prescribed in said act, and the amount paid to the owner thereof, it shall be lawful
for said company to construct or excavate a canal, or any other of the aforesaid improvements, in,
through, or upon said lands, and the said company is hereby empowered to supply any improvement aforesaid, with water from said river, by constructing a feeder or such other means as may be necessary. 4
When to go into operation.
Acts repealed.
Sec. 4. The benefits of this act, and the act to which this is an amendment, are extended
to the directors of said company, and all persons who may hereafter unite together for the purposes contemplated in
said act, and shall go into operation so soon as there shall be fifty shares subscribed
for, of twenty-five dollars each: Provided, also, That said company shall not be entitled to the benefits of this act, unless they shall commence the
improvement within four years from and after the first day of June next All acts and parts of acts inconsistent with, or repugnant to the provisions of this
act, be, and the same are hereby repealed.5
Approved, Feb. 12, 1835.
1Orlando B. Ficklin introduced HB 136 in the House of Representatives on January 20, 1835. The House referred it to a select committee on January 22.
The select committee reported back the bill on January 29 without amendment. The
House passed the bill on February 2. The Senate concurred on February 9. On February 12, the Council of Revision approved the bill and the act became law. Journal of the House of Representatives of the Ninth General Assembly of the State
of Illinois, at their First Session, Begun and Held in the Town of Vandalia, December
1, 1834 (Vandalia, Ill.: J. Y. Sawyer, 1835), 309, 336, 354, 428, 467, 513, 539, 550; Journal of the Senate, of the Ninth General Assembly of the State of Illinois, at
their First Session, Begun and Held in the Town of Vandalia, December 1, 1834 (Vandalia, Ill.: J. W. Sawyer, 1835), 404, 414, 468, 504, 508.
2The original act did not limit the terms of directors.
“An Act to Incorporate the Wabash Navigation Company, 13 January 1825, Laws Passed by the Fourth General Assembly of the State of Illinois at their First
Session (1825), 96-100.
3The original act did not offer specific geographical boundaries restricting the company’s
improvements on the Wabash River.
“An Act to Incorporate the Wabash Navigation Company, 13 January 1825, 96-100.
4This section clarifies Sec. 4 of the original act regarding purchase of private lands
and company use of them after purchase.
“An Act to Incorporate the Wabash Navigation Company, 13 January 1825, 98.
5Originally, the stock was set at $100 a share. This section of the amendment of the
original act not only decreased the price to $25 a share but also allowed the company
to begin work after the sale of just fifty $25-dollar shares, or $1,250 in capital
stock. It is likely that the stock was not selling well at the higher rate; and company
directors likely believed that commencing actual work on the project might help spur
interest in the work and result in the sale of additional stock to support completion
of the project.
“An Act to Incorporate the Wabash Navigation Company, 13 January 1825, 97.
Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Ninth General Assembly, at their First Session (Vandalia, IL:
J. Y. Sawyer, 1835), 173-74, GA Session: 9-1,