Loudon free press. (Loudon, Tenn.) 1852-1855, 1854-01-10

Esq, Attorney General for the State in regard
to the $4,000 of State Roads signed by Gov
JOHNSON, IN favor of the East Tennessee &
Georgia Railroad, on account of Iron for the
Road between this place and tie Georgia line
This is an able document, and is creditable ia
the legal attainmeRtS of Mr. Swan. He takes
the correct view of the matter, and shows con.
clusively that Gov. Johnson, in signing these
Beads has executed the act of 1852 in strict
accordance with Its spirit and design
We may advert TO this subject again next
week. In the meantime we invite all To read the
OPINION OF THE ATTORNEY GENERAL
In the matter of the application of the East
Tennessee and Georgia Railroad Company for
bonds of The State according to the provisions
of the act ofl852, oh. lei.
The East Tennessee and Georgia Railroad
Company make application to the Governor
ter the ;nsuapce efene hundred and thirty thou
sand dollars of the bonds Of the State, upon the
ground that the Company prior to the passage
of the act of 1852, oh. 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 proyiso to the 18th section
of said act, said Company is entitled to the
bonds of the State to that eXtent upon the 9th
er terms specified in the act.
The first niRe sections Of the act provide for
the issuance of the bonds of the State to the
East Tennessee aud Virginia Railroad Compa-
ny upon the conditiens 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
Tennesse and Georgia Railroad Company. By
a proviso to said section it is declared that, 'in
mo 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
a previous part ofthe same section it is declar-
&C that the provisions of the act shall extend to
the said thirteen Railroad Companies $50 far as
the main trunk roads to be constructed by said
Companies lies within the limits Of the State
and not otherwise" The first proviso to the
18th section is in these words: "PrOrided,
That should any Of the companies herein be-
fore enumerated have, bona tide and before
the passage Of this act, purchased or otherwise
contracted for upon their own credit the neces-
sary iron rails, spikes, equipments, &c. for
their road or roads, or any section or sections
thereof, the bonds of the State shall be issued
to said company or companies hereinbefore
presented" These extracts from the Statute
are all that relate in any manner 10 the cues
ton presented for the consideration of the Exc
cstive, and that is, whether or not the bonds
applied for by said East Tennessee and Geor-
gia Railroad Company may properly issue? 1t
should be borne in mind that at the date of the
passage of the act, viz: It'll 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 were the Memphis and Charles
ton Railroad Company and the East Tennessee
and Georgia Railroad Company. The East
Tennessee and Georgia Railroad has "main
trunk" within the State of ninety-five miles
and without the State fifteen miles From
the Georgia State line to Blair's Ferry is sixty
seven miles, and from Blair Ferry TO Knoxville
IS thirty miles By an act passed by the Gen
eral Assembly of 1880, three hunded and
fifty thousand dollars in the bonds of the State
were directed to be issued to said Company for
the purpose of enabling said Company to pur-
chase rails for the eighty-one miles South Of
Blair'S Ferry. All these facts are necessary to
be known in order to arrive at a proper under
standing of the statute so far as it relates to
said Company.
The first matter presented for consideration
ID Iuios 16hIllS tue lUlU SecllOn Oh Tile 1CJ IL
lone do its provisions forbid the issuance of the
bonds in question? If SO, then does not the
proviSo to the 18th sec. have the legal effect to
override the provisions of the 10th sec. and
make it the duty Of the Executive to issue the
bonds? We have seen that the 10th section
enumerateS the various companies which shall
be embraced within the provisions Of the Act,
and that the East Tennessee and Georgia Rail-
road Company is among them; we have seeG
further that the $4,000 per mile is to be given
10 each company so far and to the extent that
il has a main trunk road within the limits Of the
State" Had the 10th section stopped here.
the East Tennessee and Georgia Railroad Com
pany, being one of those enumerated, and hav
lng a main trunk road" of ninety-five miles in
eXsent from the Georgia State line to Knox
ville,3 would have been entitled to the $4,000
per mile to that extent. But the Legislature,
in view Of the fact that $35O,0OO of bonds had
been provided for the road at previous session
for the purpose of aiding the Company in the
completion Of the road 10 Blair's Ferry, inten-
ded to negative the idea that the road should
have the benefit Of that loan, and also the fur
Their loan of s., 000 per mile for that portion OF
the road between the Georgia State line and
Blair'S Ferry. In other words, it was not inten-
ded that this Company should have loan OF
$350,000 more than any other Company
mentioned in the Act, and to prevent this con-
sstruction-one that would Lave been unavoiGa-
yble without some expression to the contrary.
the provisois inserted that lin nc event shall the
provisions Of the Act extend to or embrace,
more of the East Tennessee and Georgia Road
than that part which lies between Blairs Ferry
and the city of Knoxville" That is TO say, the
East Tennessee and Georgia Railroad Compa-
nv shall not have the $4,000 per mile for the
whole extent of their main trunk road within
the limits of this State, but said Company may
have the $4,000 per mile for that portion be-
tween Blair's Ferry and the city of Knoxville
Taking the 1eth section altogether then SO far
as it relates to the East Tennessee and Georgia
Railroad Company,lt may be regarded as mean
ing this and no more, that said Company IN
stead of receiving the said given to other COM
panies for its whole extent within the State,
should only receive the aid giyea other COM
panes, that is, the $4,000 per mile to the eX-
tent of the road between the points mentioned
Such construction of the 10th section does
not bring it in conflict with the proviso to the
18th section and statutes should if possible, be
so constructed as that their provisions may not
conflict with each other.
But if contrary construction OF the 9Th
section could be maintained SO far as to exclude
the Company from the Issuance of bonds, on
any account whatever, an amount greater than
the $4,000 per mile for the portion of the road