73 it is evident that the acts of the corporation, in attempting to comply with the imposed conditions, are such as to exclude it from the operation of the forfeiture or dissolution clause."1 Nor will a forfeiture be decreed for non-user of privileges not required to be exercised under the grant; 72 nor where the statute does not declare that the omission to do the specified act shall constitute a ground for forfeiture;' nor for exacting more than ten hours' labor contrary to a statute; 74 nor by the assumption of questionable rights, or for wrong to creditors and stockholders where there is an adequate remedy for the claimed injury.75 Nor by the failure to elect officers,76 or to file sworn reports,77 or to keep books at a certain place in the State.78 71 California: People v. RosenteinCohn Cigar Co., 131 Cal. 153, 63 Pac. 163 (in this case the corporation organized, elected officers, made bylaws and adopted a seal within the time limit); Arcata v. Arcata & M. R. R. Co., 92 Cal. 639, 28 Pac. 676 (no time limit for construction; franchise must be accepted and exercised within reasonable time). Iowa: Young v. Webster City & So. West. R. Co., 75 Iowa, 140, 39 N. W. 234 (capital stock not paid, but persistent efforts made to procure means for constructing road). Maryland: Murphy v. Wheatley, 102 Md. 501, 63 Atl. 62. New York: People v. Ellison, 101 N. Y. Supp. 444, 51 Misc. 413, aff'd 101 N. Y. Supp. 55, 115 App. Div. 254, also aff'd 188 N. Y. 523, 81 N. E. 447. Line R. Co. v. Olive, 142 N. C. 257, 55 S. E. 263. 72 Cincinnati, City of, v. Covington & C. Bridge Co., 20 Ohio Cir. Ct. Rep. 396. 73 State v. Cumberland Teleph. & Teleg. Co., 114 Tenn. 194, 86 S. W. 390. See State v. United States Endowment & Trust Co., 140 Ala. 610, 37 So. 442. 74 People v. Atlantic Ave. Rd. Co., 125 N. Y. 513, 35 N. Y. St. Rep. 872, 26 N. E. 622, 9 Ry. & Corp. L. J. 262, aff'd 10 N. Y. Supp. 907, 57 Hun, 378, 32 N. Y. St. Rep. 717. 75 State v. Southern Bldg. & Loan Assoc. (Ala.), 31 So. 375. 76 Youree v. Home Town Mut. Ins. Co., 180 Mo. 153, 79 S. W. 175. 77 State V. Galena Water Co. (Kan.), 65 Pac. 257. 78 State v. United States EndowNorth Carolina: Seaboard Air ment & Trust Co., 140 Ala. 610, 37 So. 442. See § 490, herein. APPENDIX A. LAWS OF NEW YORK. [Every law, unless a different time shall be prescribed therein, shall not take effect until the twentieth day after it shall have become a law. Section 43, article II, chapter 8, General Laws.] CHAPTER 429. AN ACT to establish the public service commissions and prescribing their powers and duties, and to provide for the regulation and control of certain public service corporations and making an appropriation therefor. Became a law, June 6, 1907, with the approval of the Governor. Passed, three-fifths being present. Passed without the acceptance of the city of New York. The People of the State of New York, represented in Senate and Assembly, do enact as follows: THE PUBLIC SERVICE COMMISSIONS LAW. Article I. Public service commissions; general provisions. (§§ 1-23). II. Provisions relating to railroads, street railroads and common carriers (§§ 25-40). III. Provisions relating to the powers of the commissions in respect to railroads, street railroads and common carriers (§§ 45-60). IV. Provisions relating to gas and electric corporations; regulation of price of gas and electricity (§§ 65-77). V. Commissions and offices abolished; saving clause; repeal (§§ 80-89). SECTION 1. Short Title. This chapter shall be known as the public service commissions law, and shall apply to the public services herein described, and to the commissions hereby created. § 2. Definitions.-The term "commission," when used in this act, means either public service commission, hereby created, which by the terms of this act is vested with the power or duty in question. The term "commissioner," when used in this act, means one of the members of such commission. The term "corporation," when used in this act, includes a corporation company, association and joint-stock association. The word "person," when used in this act, includes an individual and a firm or copartnership. The term "street railroad," when used in this act, includes |