In force 18th Jan., 1836.
AN ACT to Incorporate the Illinois Exporting Company.
1Company incorporated.
Common Seal.
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That all such persons as shall become subscribers to the stock hereinafter described,
shall be, and they are, hereby constituted and declared a body politic and corporate,
by the name and style of the “Illinois Exporting Company,” from and after the passage of this act: and by that name, they and their successors,
shall have succession; and shall in law be capable of suing and being sued, pleading
and being impleaded, in all courts and places whatsoever, may have a common seal, alter and change the same at their pleasure, and they and
their successors may also, by that name and style, be capable in law of purchasing,
holding, and conveying away, real and personal estate, for the uses and purposes of
said corporation; which real estate shall not exceed three acres of land,2 whereon to erect the necessary buildings for carrying on the business of the company, in any one county in this state.
Directors,
Sec. 2. The president and directors of said company hereinafter provided for, shall have power, and are hereby authorised to carry on the manufacture of flour, wool, hemp, and other agricultural products3: to export their products and manufactures; to erect mills, works, machines, and
such other buildings as may be necessary to carry on their business, and to enter
into all contracts which may concern the use and management of said property.
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Capital stock.
Proviso
May be increased.
Sec. 3. The capital stock of said company shall consist of one hundred and fifty thousand dollars, divided into fifteen hundred
shares of one hundred dollars each: Provided nevertheless, that the stockholders of said company, at a general meeting, and by a vote representing
in its majority at least two thirds of the stock subscribed to said company, may and are hereby empowered, to increase the capital stock of said company, to five hundred thousand dollars, divided in the same manner as before, into shares
of one hundred dollars each: Provided, that the estates real and personal, of all and each of the stockholders of said
corporation, shall, at all times, be liable for the debts of said company.
Place of meeting.
Proviso.
Sec. 4. That the general place of meeting for said company, shall be at Alton, in this state; but the president and directors of said company, may select such other places of business as to them may seem fit, for the general
purposes of said company: Provided, That said company shall not be authorised to erect any mills or other buildings in any county in this state, other than at the place named in this act, unless the said company shall first obtain the consent of the county commissioners’ court in such other counties; which consent so obtained shall be entered upon the records
of the court or courts granting the same.
Commissioners appointed to receive subscriptions.
Amount to be paid at time of subscribing.
Sec. 5. That for the purpose of carrying into effect the object of this incorporation, James S. Lane, Thomas G. Hawley, Anthony Olney, John M. Krum, and D. B. Holbrook,4 are hereby appointed commissioners to obtain subscriptions to the capital stock of
said company; and said commissioners, or a majority of them, after giving general notice thereof,
in some paper printed in this state, may open books for the subscription of said stock, at such times and places as they
may direct and keep the same open till at least one thousand shares of said capital
stock is subscribed. If the requisite number of shares shall not be subscribed within
thirty days after the books are opened, said commissioners, or a majority of them,
shall take such measures for completing such subscriptions, as they may deem expedient
and proper. Every subscriber shall, at the time of subscribing, pay to said commissioners the
sum of one dollar, for each share subscribed. When such subscription is complete,
or within sixty days thereafter, said commissioners or a majority of them, shall call
a meeting of the stockholders at Alton, by a printed notice in some newspaper of general circulation within this state.
Directors, when elected.
Sec. 6. That at said meeting, the stockholders of said company, shall proceed to elect five directors, who shall manage; direct, and govern the
affairs of said company, one year from the period of said election, and until their succes-
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sors, who shall be vested with the same authority, are elected.
Votes.
Sec. 7. And that at said election each stockholder, shall be entitled to one vote for each
share of stock he may hold; and a majority of all the votes given shall be required
to make an election.
Sec. 8. That the period of election shall be annually the first Monday in the month in
which the first election was held.
Quorum.
Sec. 9. That immediately after the directors are chosen as above, they shall hold a meeting,
at which, and at all subsequent meetings, a majority shall constitute a quorum; that
they shall proceed to the election of a president from one of their number; a secretary,
who shall be sworn by a justice of the peace to the faithful discharge of his duty,
and who shall record all votes of the corporation in a book to be by him kept for that purpose; a treasurer, who shall give bond to
such amount and in such manner as the said president and directors shall direct, and
(appoint) such other officers and agents as to them may seem proper.
May make bye-laws.
Sec. 10. That said president and directors shall have power, from time to time, to make all
such bye-laws and rules, not inconsistent with the constitution and laws of this state, which may be necessary for the payment, or collection of subscriptions to its stock,
and the transfer of the same, the conveyance of property, or that in any other way,
may concern the management and direction of the affairs of said company.
Act not to extend to certain counties.
Sec. 11. Provided the provisions of this act shall in no case extend to the counties of Edgar, Greene, and St. Clair.5 This act may be repealed, altered, or amended by any 6 General Assembly of this state, that may be in session after the expiration of twenty-five years, from and after
the first day of May next.
Approved, Jan. 18, 1836.
1On December 10, 1835, Cyrus Edwards in the Senate introduced the petition of D. B. Holbrook, requesting an act of incorporation for himself and his associates for manufacturing
purposes. The Senate referred the petition to a select committee. In response to
this petition, Edwards of the select committee introduced SB 4, originally titled “A Bill to Incorporate the Stockholders of the Illinois Exporting Company,” on December 11. On December 12, the Senate amended the bill by filling in the
blank in the fifth section with the names of five individuals. The Senate referred
the bill as amended to the Committee of the Whole and made it the order of a the
day for December 14. The Committee of the Whole reported back the bill on December
14 without amendment, and the Senate referred the bill to a select committee. The
select committee reported back the bill on December 15 with amendments. The Senate
amended the amendments by changing language in the second and eleventh sections.
The Senate adopted the amendments as amended. On December 16, the Senate amended
the bill by changing language in the first section. The Senate passed the bill as
amended by a vote of 15 yeas 10 nays. They then amended the title of the bill by
striking out the word “Illinois” and inserting in lieu thereof the word, “Alton.” On December 18, the House of Representatives referred the bill to a select committee. The select committee reported back the
bill on December 23 with amendments, in which the House concurred. On December 30,
the House referred the bill to a select committee. On January 2, 1836, the select
committee reported back the bill with amendments. The House refused to table the bill
until July 4 by a vote of 19 yeas to 28 nays, with Abraham Lincoln voting yea. The House amended the select committee’s report by striking out the
word “one” as the number of acres in the first section, and inserting in lieu thereof
the word “three.” The House adopted this amendment as amended. The House rejected
the select committee’s second amendment, but agreed to the third by a vote of 28 yeas
to 21 nays, with Lincoln voting yea. The House further amended the bill by adding
a proviso to the eleventh section by a vote of 27 yeas to 20 nays, with Lincoln voting
nay. The House tabled the bill. On January 16, the House took up the bill. On the
motion of Lincoln, the House agreed to re-consider adoption of the proviso at the
end of third section by a vote of 22 yeas to 17 nays, with Lincoln voting yea. The
House then concurred with adoption of the proviso by a vote 24 yeas to 18 nays, with
Lincoln voting nay. The House then passed the bill as amended by a vote of 25 yeas
to 18 nays, with Lincoln voting nay. The House then amended the bill title so as to
read “ A Bill to Incorporate the Illinois Exporting Company.” On January 16, the Senate concurred in the House amendments and amended title.
On January 18, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 81, 95-96, 137, 178, 207-09, 300-01, 353-55, 362, 363,
372;
Illinois Senate Journal. 1835. 9th G. A., 2nd sess.,
14, 22, 28, 33, 34, 41, 49, 273, 283, 288.
2On January 2, 1836, the House of Representatives amended this section by striking out the word “one” as the number of acres, and inserting
in lieu thereof the word, “three.” In March 1837, the General Assembly passed an amendatory act giving the company the right to hold real estate not exceeding one quarter section.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 208.
3On December 15, 1835, the Senate amended this section by striking out the words “and other useful branches of manufacturing
and commercial business” and inserting in lieu thereof the words, “and other agricultural
products.”
Illinois Senate Journal. 1835. 9th G. A., 2nd sess.,
41.
4On December 12, 1835, the Senate added Lane, Hawley, Olney, Krum, and Holbrook.
Illinois Senate Journal. 1835. 9th G. A., 2nd sess.,
28
5On January 2, 1836, the House of Representatives amended the bill by adding the proviso.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 209.
6On December 15, 1835, the Senate amended this section by striking out the word “the” and inserted in lieu thereof
the word, “any.”
Illinois Senate Journal. 1835. 9th G. A., 2nd sess.,
41.
Printed Document, 3 page(s), Laws of the State of Illinois, Passed by the Ninth General Assembly, at their Second Session (Vandalia, IL:
J. Y. Sawyer, 1836), 141-43, GA Session: 9-2,