Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1854-01-05
He EAST TENNESSEE AND GEORGIA RAILROAD
~ BONDS

Railroad Company the bends of the State claimed
nnder the act of 1852 ch. l5 and which have since
been issued by Gov JOHNSON We are satisfied tina t
Gov JOHNSON course in this matter was based upon
strict and just view of the law, and viii bear the
scrutiny alike of friends and enemies We know
that he is properly jealous of the credit of the State,
and would not increase its liabilities one farthing
except in pursuance of the plain letter aud
intent Of the law. We do not think it ne
cessary, however. that we should enter into 4
lengthy defence of his course in this mat
ter. The opinion of the Attorney General of
the State, which we copy below, covers the whole
case, and all who feel interest in the matter will
doubtless give it careful perusal. It's arguments
are satisfactory to our minds, and we doubt not
they will convince every impartial reader of the
propriety of Gov. JoHNsos's course Their force
is certainly not at all weakened by the Banners
comments: a4a4aa s.5r.1 IL So
77 OPINION OF THE ATTORNEY GENERAL.
In the matter of the application of the East Ten
nessee and Georgia Railroad Company for bonds of
the State according to the provisions of the act of
1852, chap. Isl. b.
The East Tennessee and Georgia Railroad Com
pany make application to the Governor for the issu-
ance Of hundred and thirty thousand dollars of
the bonds of the State, upon the ground that the
Company, prior to the passage of the act of 1852,
CHI. Isl, had, by means of their own credit and
other resources purchased for their road iron rails
chains, spikes and equipments of that value, and
that under and by virtue of the first previso to the
18th section of said act said Company is entitled
to the bonds of the State to that extent upon the
other terms specified in the act.
The first nine sections of the act provide for the
issuance of the bonds of the State to the East Ten
nessee and Virginia Railroad Company upon the
conditions and in the manner therein specified. The
10th section extends the provisions of the act to
thirteen other road companies, and among them
the Memphis and Charleston Railroad Company
and the East Tennessee and Georgia Railroad Com
pany. By proviso to said section it is declared
that, 'in no event shall the provisions of this act
extend to or embrace more of the East Tennessee
and Georgia Railroad than that which lies between
Blair's Ferry and the City of Knoxville" In
previous part of the section it is declared that
the provisions of the act shall extend to the said
thirteen Railroad Companies $50 far as the main
trunk roads to be construed by said Companies lie
within the limits of the State and not otherwise"
The first proviso to the 18th section is in these
words: 'Prouided, That should any of the COM
panies hereinbefore enumerated have, bona tide
and before the passage of this act purchased or
otherwise contracted for upon their own credit the
necessary iron rails, spikes, equipments, &c. for
their road roads, any other section sections
thereof the bonds of the State shall be issued to
said company or companies hereinbefore present.
ed" These extracts from the Statue are all that
relate in any manner TO the question presented for
the consideration of the Executive, and that is,
whether or not the bonds applied for by said East
Tennessee and Georgia Railroad Company may
properly issue? 1t should be borne in mind that
at the date of the passage of the act viz: 1lth of
February, 1852, only two of the thirteen companies
enumerated in the 10th section had purchased any
portion of their iron rails, &c, by means of their
own credit, and these We're the Memphis and Char.
lesion Railroad Company and the East Tennessee
and Georgia Railroad Company. The East Tonnes
see end Georgia Railroad hasa ''main trunk within
the State of ninety five miles and without the
State sixteen miles. From the Georgia State line
TO Blairs Ferry Is sixtyfve miles, and from Blars
Ferry TO Knoxville is thirty miles. BY an act
passed by the General Assembly of 1880, three
hundred and fifty thousand dollars in the bonds of
the State were directed to be issued to said Com
pany for the purpose Of enabling said Company to
purchase rails for the eighty-one miles South of
Blairs Ferry. All these facts are necessary to be
known in order to arrive at proper understanding
of the statute so far it relates to said Company
The first matter presented for consideration this:
Taking the 10th section of the Act alone, do its
provisions forbid the issuance of the bonds in ques
ton? If so, then does not the provso of the 18th
section have the legal effect to override the proy-
sions of the 10th section, and make it the duty of
the Executive to issue the bonds? We have seen
that the 10th section enumerates the various COM
panies which shall be embraced within the proyi.
sions of the Act, and that the East Tennessee and
Georgia Railroad Company is among them; we have
further, that So 900 per mile is to be given TO
each company so far and to the extent that it hes
main trunk road within the limits of the State"
Had the 10th section stopped here, the East Ten
nessee and Georgia Railroad Company, being one
of those enumerated, and having 'main trunk
road Of nnety-fve miles in extent from the Geor
ga State line to Knoxville would have been emit
tied to the So 600 per mile, to that extent But the
Legislature, in view of the fact that S350000 of
bonds had been provided for the road at previous
session, for the purpose of aiding the company in
the completion Of the road to Blars Ferry inten-
ded to negative the idea that the road should have
the benefit of that loan and also the further loan
of $4,000 per mile for that portion of the road be-
tween the Georgia State line and Bairs Ferry. In
other words it was not intended that this Company
should have loan Of $3.50, 900 more than any other
company mentioned in the Act, and to prevent this
construction-one that would have been unayoda-
bic without some expression to the contrary-the
proviso is inserted that Fin event shall the provi-
sions of the Act extend to or embrace more of the
East Tennessee and Georgia Road than that part
which lies between Blars Ferry and the city of
Knoxville" That is to say, the East Tennessee and
Georgia Railroad Company shall not have the $4,000
per mile for the lchOte ertent of their main trunk
road within the limits of this State, but said Com
pany may have the $1,000 per mile for that portion
between Blairs Ferry and the city of Knoxville
Taking the 10th section altogether them so far as it
relates to the East Tennessee and Georgia Railroad
Company it may be regarded as meaning this and
no more, that said Company, instead of receiving
the aid given to other companies, for its whole ex-
tent within the State, should only receive the aid
given other companies that is. the $4,000 per mile
to the extent of the road between the points men
toned Such construction of the 10th section
does not bring it in conflict with the provso of the
18th section; and statutes should if possible, be so
construed as that their provisions may not conflict
with each other
But if contrary construction of the 10th sec
ton could be maintained so far as to exclude the
Company from the issuance of bonds, on any ac-
count whatever, to an amount greater than $4,000
per mile for that portion of the road between
Blair's Ferry and Knoxville then the provision of
the 10th section would be in direct conflict with that
of the 18th section, so far this Company is nvol-
we'd in the construction to be given to the Act In |
that view of the case, the question would arise,
which provision shall preval-that in the 10th Sec
ton or that in the 10Th section? 1t is familiar |
and well settled rule in the Interpretation of stat