Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1857-11-28
Democracy On IneorpOrstiOns-Individual Lis

Demoeraey On OBSERVATION-DISCLOSURES Liza.
bility.
Prem TIE Nashville Patriot
Il will be remembered that a few DAYS ago
a bill passed the Houssto incorporate a Turn
pike Company in Wilson county, containing a
clause making the stockholders individually
liable for the debts Of the company. The next
day a bill came from the senate to incorporate
a Telegraph Company without such clause.
The House inserted an amendment to Senate's
bill to that effect. The Houses bill coming IN
in the Senate, Mr.. Waiker1noved to strike out
the individual liability clause, and The follow
ing discussion ensued. We have the report
from the hands Of a gentleman who was pre-
sent, and it is, doubtless, substantially correct
Mr.. Walker moved to strike out the personal
liability clause, in the last section Of the bill.
He was opposed to such restrictions upon such
propositions, and he desired to test the sense
OF the Senate on that question. The present
tim was as opportune tor that purpose as any
period hereafter.
II was suggested that it was usual TO allow
all bills to pass the first time without objection.
Mr.. Walker thought the Senate might as
well dispose Of the question at once. He
thought this restriction impolitic and unneces-
eary. He could not see why a community of
persons, who had Joined a portion of their
means to build a neighborhood turnpike for
their own convenience, should be held respon-
stble in all time to come for whatever liabili-
ties might, under any and all circumstances
arise. For illustration, take a Telegraph CON-
pany, whose stockholders, for the benefit Of the
community in general, and the convenisncs and
easement OF the great commercial interests Of
the country, had or desired to construct a line
OF telegTaphie communication from Memphis
to New Orleans. IL those who had subscribed
twenty, nifty or any greater or less sum were
TO be made individually liable TO the extent Of
bis property, for all liabilities which might
accrue from any cause, would they-would not
every prudent man so neutrality-suspicious.
his stock Would there be any such improve
menis or public easements?
Every sensible man knows that it is neees-
sary to incorporate these companies, in order
that a legal remedy may be had in case Of fail
IRE o. The part Of such corporations to fulfill
their contracts. Bat they issue no bills OF
eredit-no representatives of currency. Why
then IMPOSE upon them such stringent regulS-
tons?
He was aware that it was not parliamentary
to speak of the course pursued by the House
of Representatives upon this OF any other eles-
ton, and he did not desire to say anything dis
respectful Of the actions Of that body. 1t was
wei known, however, that an attempt bad been
made to set down this principle as a tenet Of
Democratic faith. He did not recognize the
right OK any man o. set sf men to make any
question a test Of Democracy which is not laid
down as cardinal doctrine in the established
platform Of the Democratic party.
AIR. Travis did not kaOw that politics had
anything 10 do with the question-whether it
was Democracy, Whiggery or Amerieanism
be cared not. OF this he was satisfied ; let il
be what it nav, be was for the principle, be-
cause be thought justice and bright demanded it.
He was opposed to striking the clause from the
bill. w
Mr.. Davis offered an amendment in lieu of
the section providing that the mechanics lien
shall apply where persons bad performed work
for these corporations. He was opposed to the
clause as its stood beeauseh be believed it would
work an injury to the building Of turnpike
roads. He thought that those who were at
tempting to make this question a party test,
were carrying the jake OF Democracy a little
too far.
Mr.. Walker did not see the Justice Of making
men liable to the extent of their property be-
cause they had subscribed a small amount for
the furtheranee of a work Of public conven-
ience. The effect OF this proposition, If adopt
edas the policy Of the State, must inevitably
be to prevent the construction OF necessary i'm
prorements and stife the enterprise Of public
spirited citizens. In the case OF banks or other
corporations gotten upon for the purpose Of
speculation and profit to the stockholders, the
application of the principle might be made
with some chow Of reason, but to telegraph
lines and turnpike roads, literary societies, OF
churches, 10 which special privileges are grant
ed, It seemed 10 him that this application was
msnifestly out Of place. His course here would
be to represent, so far as he was able to do 50,
the will Of bis constituents on all questions