The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1854-02-03
GOVERNORS MESSAGE.
EXECUTIVE DEPARTMENT,
Nashville, Jan. -, 1851. (


lHc IcsoIut'Ou huoptSu " louI hoHOiaoie
body on the 5th inst, requesting Ills Elk.
cellcncy the Governor to inform the House
whether any bonds of the State have issued
10 the East Tennessee and Georgia Railroad
Company, the amount of said bonds and by
what authority issued" would have been
responded to before this period, had it not
been for indispos;.;on, which has confined
me considerable portion Of my time to my
room and bed.
a portion Of The information asked for in
your resolution, can be found by reference
to the 9Th aud 5Oth pages Of the Comptrol-
lers report which was made 10 the l.egisla-
ture some time in the month OF October, 1853.
The main object Of your resolution is, pre-
sumo, TO ascertain the amount of bonds that
have been issued 10 the East Tennessee and
Georgia Railroad Company since my cOnnec
ton with the Executive Department. The
amount of State Bonds issued to said Com
pnny, is one hundred and thirty thousand
dollars, which the records will show to all
persons who may think proper examine them.
These bonds were issued TO the East Ten
uessee and Georgia Railroad Company, un-
der the 10Th and 18th sections of an act pass
ed on the 18th day of February, 1852, en-
titled, ian act to establish system of H.
ternal improvements in this State" Soon
after my installation as Executive, Maj Camp
bell Wallace, the President Of said Company,
made an application for the issuance of bonds
under the 10th aud 18th sections of the act
hereinhefore rcctcd The Executive took
up the statute and the application for the
bonds and paye them careful and critical
examination, bringing to his aid those rules
for the construction Of statutes known to the
legal profession, and after deliberate consi
deration came TO the conclusion that the
company was legally entitled TO one hundred
and thirty thousand dollars in bonds, it being
the amount of debt incurred for the necessary
iron, rails, spikes, equipments. &C., by said
company, bona fde and before the passage OF
tho before recited act
The Executive had been informed that ap.
plcation had been made to his predecessor,
by said Company, for the issuance OF bonds,
and that the application had been 10y him re-
fused. He was also informed, that the opln-
ion of various gentlemen OF high legal at
tainments had been given in favor Of the is
suance of said bonds. Examination has been
made, with the mid of the Secretary OF State,
for these opinions, but they cannot be found
in any of the files in the Executive Depart
ment, nor can there be any evidence found IN
the Executive books or register that the SAID
Company ever did apply for the bonds refer
red to. These facts being understood, caus- |
ed the Executive to be exceedingly careful in
all the steps he was about to take in refer
ence to said application for the issuance of |
bonds. He, therefore, called upon the AT.
torney General, who is, by the act OF 1885,
made the adviser of the Executive, in all le-
gal questions, and required, when called up
OF, to give his opinion in regard to the man
ner in which the law shall be executed. The
opinion of the Attorney General as required
was given, copy of which is herewith trans
mitted and made part Of this Message
The opinion of the Attorney General Is me-
thodicai, clear, concise and cogent, being en-
tirey consonant with the opinion OF the Fix.
ecutive, and is by him endorsed, and adopted
MS the correct Interpretation OF the 10th and |
18th sections of the act hereinbefore recitcd.
In addition to this, your attention is most
respectfully directed to some very important
facts connected with this subject. In the first
place Won are referred to the | lth section OF
IAN act to charter Owen and Wnstead Turn
nike Company" passed the Both of January, |
1859, a portion OF which is as follows: THAT
SO much of the act Of the 4th OF February, I
1913, us requires the Governor Of the State
to endorse and guarantee the bonds of the
East Tennessee and Georgia Railroad Com
pany to the amount OF three hundred and
fifty thousand dollars, be, and the same is
hereby repealed, and instead OF said endorse
ment and guarantee, and for the purpose OF
aiding in the completion of the Fast Ten
nessee and Georgia Railroad, it shall be the
duty of the Governor of the State, and he is
hereby required, whenever he is satisfied that
said Railroad Company has so far progressed
in the construction Of said road, rs to make
it prudent and proper to procure the iron,
rails and equipments, for completing The same
in sections of forty miles or more. Then,
and in that case, he is hereby authorised and |
required to issue Coupon Bonds Of the State,
for an amount sufficient 10 pay for the iron,
rails and equipments, to be placed on the
sections which have been so far progressed
with.
And in like manner whenever additional sec
tions of not less than twenty miles in extent
shall likewise be so far progressed with as to
make it prudent and proper, to procure and
pay for the iron, rails and equipments for com
pleting the same, it shall be the duty OF the |
Governor to issue the bonds of the State, for
a sufficient amount to finish such additional
section, until The tohOle line Of road, from Dai-
Ton 10 the Tennessee rirer has been completed,
under the same rules and upon the same condl-
tions rs provided for to enable said Company
10 complete The first section" Provided, howe
yer, that the whole amount of bonds which
the Governor of the State is authorized to
issue to said Company, shall not exceed the
sum of three hundred and fifty thousand dol
lars, tho amount of said endorsement and
guarantee rs aforesaid for the completion Of
said road from Dalton 10 The Tennessee rirer."
II will be very readily perceived from this
act, that the General Assembly set out with
the principle that the State was to issue bonds
sufficient in amount to pay for the iron, rails
and equipments, to be placed on the East
Tennessee and Georgia Railroad from Dalton
to the Tennessee river, and that the three
hundred and fifty thousand dollars was con-
sidercd at the time sufficient in amount Tor
that purpose; hence the proviso restricting |
the Governor in the issuance of the bonds TO
the three hundred and fifty thousand dollars.
Under the l4th section, the Governor was
authorized to appoint faithful agent whose |
duty it was TO take control of the bonds OF
the State, so rs to see that the same was APP |
plied to the payment of the railroad iron and |
equipments, including engines and ears for
the Railroad Company above named. DIR. J.
q. NJ. RAMSEY, OF Knoxville, was appointed |
agent by the Governor, who took charge OF
the bonds and disposed of them, as the law
directed, and they were not sufficient in n
mount to purchase the iron rails, chairs,
spikes, equipments &c, and he reported that
fact to the Legislature of 1872, which re-
pnrt can be found in the nppendix, page 20l, |