Washington telegraph., 1855-06-13
For the Telegraph.
Cairo & Fulton Railroad Grant

an act of our last Legislature. entitled "an
act to aid in the construction Of the Cairo
and Fulton Railroad" the provisions of
which were regarded as so Objectionable,
that the stockholders. at their meeting at
Little Rock. on the 9TH ult., refused to ac-
cept them. As stockholder, and one who
feels deep interest in the success of the
enterprise. fully approve the course of the
stockholders. and sincerely hope that when
the Directors meet in July. to take final ac-
tion on the subject. they will do likewise. as
| am fully convinced that the company have
much to lose. and nothing to gain. by ac-
cepting the conditions with which the Leg
lslature has coupled the grant
In the first place. among other objection
able conditions, the second section of the
J act provides that after the expiration of
! twenty years from the date of the compile
tiOn of the road. the company shall pay an
annual tax upon the road. fixtures. lands
&c; and further 1'rouides that the compa-
ny shall not sell or sse any portion of the
lands appropriated. until cfier they have
complied with all the provisions of the sec
tion, Now. if this proviso means anything,
the company cannot appropriate use any
portion of the lands donated by Congress,
to aid in the construction of this road, until
the expiration of the charter; for this tax,
which commences twenty years after the
road is completed. is payable annually, and
as the charter has 500 years to run. the. pro-
vision of this section cannot possibly be
complied with until the expiration of that
time. Could anything be more ridiculous
and nonsensical! Was there ever such an
Incompatible, iucongruous, ongIomeration
Of absurd:ties jumbled up in the same num-
Der Of words? How in the name of CON-
mon sense SO great an ab<urdity could have
been soberly and seriously entertained and
adopted BY any deIiberative assembly under
heaven, Is beyond the range Of my compre-
hension.
| have the charity. however. to think
that it never was intended by the Legisa-
ture, that this proviso should form por-
ton of. OF be attached to. the second section.
The absurdity is so mons;rous and glaring.
that am constrained to believe that it was
an oversight that placed it where it is, and
that the profound statesman whose inventive
genius gave it birth, intended it to adorr The
third section, where it would appropriately
apply.
The third section Of the act is as follows:
That on or before the first day of Deceu-
Der. 1856, said Cairo and Fulton Company
shall grade twenty-five. OF complete ten
miles of said road, at their option"
Now. the mere transposition of this awk-
ward proviso from the second to the hird
section. would render both ineligible and
comprehensible.-therefore. think it has
been made to assume position in the act
never intended by the Legislature. AS it
stands, the bill should have been entitled an
| act to prevent the construction of the Cairo
and Fulton Railroad. for the space of fire
hundred years. and to prohbi, persons from
settling upon. improving, or occupying any
of the lands donated by Congress to aid in
its construction. Such title would be ap-
propriate, and strictly in accordance with
the provisions Of the act
To aid ID the construction Of the Cairo
| and Fulton Railroad is misnomer. What
| aid. would ask. does the act offer? True,
it donates the lands which were ,giren to
the State by Congress. but couples the grant
with conditions which no company could pos
| sibly comply with Many say the company
should accept the grant. and trust to the
next Legislature TO correct the Objectionable
features Of the present act. This the next
Legislature might or might not DO. or they
might correct the Objectionable features of
this bin and create others My plan is. TO
let the Legislature begin right first, and
then it will be time enough for the company
to accept.
Some think that recourse might be had
to the judiciary. and that the absurdities of
the bill would be set aside as a nullity.-
This might do if it was now a law, and was
working injuries to any set of men. but such
is not the case AS the act now stands, It
is doing no injustice-it is optionary with
the company whether they accept it or not
therefore they cannot complain. But
should the company accep. if, how would the
matter stand? 1t would then virtually oper-
ate as articles Of agreement. entered into be-
tween the State and the company, and no
court would interfere to set aside any of
its provisions. As matters now stand, the
company have only one of two things to do: ac-