The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1850-11-08
THE LEGAL QUESTIONS.


Wears no. disposed 10 complain of the
Stnte Of Georgia for any conduct On her
part as body p"IIic; but it will do 10 in
justice TO individuals if we subj it 10 the
readers of the Post few things which have
been done. Abou, a year since few m, n.
owning lands along the line of our road,
and claiming damages, filed injunction bills,
to restrain the Company from farther steps
until they were paid Tho law granting us
the right of way provides for the settemen,
of damages. The ruIc as laid down is,
that certain number of men shall assess
damages, in view Of TIE enhanced value Of
the land, a. wei; as the actual injury to the
freehold. 1t is also provided that this shn II
be the only mode Of proceeding. and that
no injunction shall issue. hlndering or de-
aging the WORK. Now. how it was
p ssible for judge in Gcorgia 10 grant
n sweeping injunction, is altogether unac.
counlable. Yet it was done. The Cnmpa-
ny deposited double the amount of alleged
damages, which was not large in poin, Of
actual dollurs. but four times more Than
just; the injunc,Ions were dissolved; the
work went on: the bills have not been dis
posed Of, and will not be until The road is
finished over that part. by which time j.
viii! become apparent that those complain
ants hav" suffered very small damages
That amount will be paid. and the bills will
be dismissed at their own cost Another
brillian, exploit O. the enemies of The road
was played off last winter. The Georgia
legislature passed law designed. to revive
charter, which had boon granted ten years
before. and which covered the site of our
road. The original charter was unc"nsti.
tn'ion,l. If it otherwise could have vest.
ed any rights, it was passed in view of
subsisting contract between Georgia and
Tennessee, and on this account, it could not
con'ravene our privileges over the snme
route. But in addition to this, tho compa-
ny forfeited their charter hv non user. The
revivor was granted in 1850, about three
years after Georgia, BY an express act, &C
nowledged and complied with ,h. pre.ex.
listing contrac, above alluded to. The own.
ers of thi. now charter therefore are affect.
ed with due legal notice of our rights, and.
in any aspect Of the case, we are beyond
their reach We hive the oldest valid RICH,
and are first in possession. A bill could no,
be drawn that would not be demurraLle.-
An action Of fnrcible entry aud detnlner
could not he maintained. because our Com.
pany was in actual possession long before
The datc of the other charter. The very
fact Of their charter having been revived is
an acknowledgment. of non user under the
old one, amounting to IN estoppel in law or
equity. They nre aware of ,hi., n rvinasd
BY the fact that Mr.. Bsh"p. (Ms Railroad
agent at Chattanooga } either in his own
right, or 'o- somebody else, Inns been busIly
engaged in purchasing 'he land through
which our road runs, or perhaps only the
claims for damages. If they expect to get
damages from us. they must allow that we
have corporate existence; if SO, our only
evidence of existence in that Stale is the
charter of lS47. which antedales their own.
Il we have no legal existence there, we
cannot b. sued in that State, as has been
he'd by the Supreme Court OF Georgia. All
damages 10 which Mr.. Bishop and his
friends are entitled vii! be paid; but they
,un get no more by any possibility.
+. F.