Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-02-12
On motion by Ar LAMB, Nr Caldwell had leave
Of absence on account Of sickness.
The House then took recess till tive o'clock, p.
HOUSE OF REPRESENTATIVES.
MONDAY, Feb. 8, 1858.
EVENING SESSION
THE CODE.

The SPEAKER directed the reading Of the Code
and the Part XII. of the Senate bill No. Sc, wa
again read through by the Clerk.
Mr. BULLOCK said 1t had met the views Of tn
rev sors to insert in this title Of the bill the provi
sion that where cause of action had ceased upoI
a contract OF where cause Of action was barred b.
the statute Of limitatiOn it shall not be revived
without some evidence in writing to that effect anC
they engrafted that provision in the Code. Th
provision he had understood, was stricken out il
| the Senate He would now again renew this prOpO
sitio believing that it would tend TO promote
tainy in the administration of the law, and that il
will prevent false swearing and evssiOns Of the law
He submitted it, saying, that so far as he was ind
vidu ally concerned it was matter Of indifference
! but AS a grave matter of public policy and law, he
conc urred with the reyisors, that 1t ought to be
engr afted here. As the law now stands-as the
cOur Is deeide-When cause Of action is barred, il
cam OF be revived unless upon direct promise to
pay, or an acknowledgment of the existence of the
debt, and a willingness to pay it. His amendment
was read as follows:
arisi ng contract has expired the of action
cam OF be revived by an acknowledgment or new
promise, unless in writing subscribed by the party
to be charged Herewith, or made in the pleadings
in the cause"
MIR THOMPSON saw no necessity for this He
thought the law it now stands favors enough that
class of men who would take advantage Of the len
iency Of creditors.
Mr. DUNLAP advocated the amendment
Mr. GOLLADAY opposed, and argued the IN
sOundness Of the proposition.
Mr. BULLOCK replied.
Mr. ROWLES laid down the law as it now
stands and expOunded the amendment. He should
vote against the amendment, upon his general rule
Of &C ton, namely: never TO vote for any radical
chan &c of the law not demanded by the people.
The vote was then taken on the amendment, re-
sulting-yeas q, nays SO.
So the amendment was rejected.
The Part XII was then passed the second reading
without amendment.
NA5HvILLE AND SOUTHWESTERN RAILROAD, sc.
The bill 122) for the benefit of the Nashville and
Northwestern Railroad Company, the Memphis and
Ohio Railroad Company, the Memphis, ClarksvilIe
and Louisville Railroad Company, and the Missis-
sippi and Tennessee Central Railroad Company, was
next taken up, with the Internal Improvement Com
mittees bill in lieU-'he question being on the
adoption of the bill in lieu.
The bill in lieu provides that the Nashville and
Northwestern Railroad Company may unite aud
consolidate with the Memphis, Clarksville and
Louisville Railroad Company, and the Mississippi
and Tennessee Central Railroad Company, and re-
ceive here the State aid for the ironing and equipping
Of any two Of said roads, that il to say, $4,000
per mile of the consolidated road, and all the bridge
aid, provided that the bridge aid shall not exceed
100000.
Mr. EWING said:
Mr. Speaker: l desire to make few remarks,
about this omnibus consolidation bill. Upon its
face 1t admits the fact that athese roads cannot be
built out Of their present means, and that the
friends Of the same, after exhausting themselves
and their means, in generous rivalry to build up
their favOrite projects have come to the conclusion
that they have made failure, and now unite in a
project TO make the State build the entire road,
wherein they can unite their tracts, with regard TO
the means, to carry out these various projects
Singly, have information other than that fur
nished by the Commissioner of Roads, and have
nothing TO say with regard , any of them, except
the Northwestern road. With the available assets
of this road, have made myself better acquainted.
But before lis ]ussng that question, desire to call
the attention Of the House to the fact that they
have forfeited their charter, as will be seen by
reference the 9TH section of the act Of ncorpora
tion which is in these words: If, on closing the
books the first day of January, 1858, the number
Of ten thousand shares shall not have been sub
scribed the money paid by each subscriber shall be
returned to him by the said Board of Commissioners
after paying the expenses Of opening the books, and
making survey and map Of the route and estimate
Of the cost Of the road, which the said Commission
ers are hereby authorized to have made as soon as
practicable.
And, now, Mr. Speaker, / contend that the Com
nlsslOners Directors of said road had right to
make any contract except those authorized in said
TIN section that can in any manner bind the stock
holders; and that if they have done so, they have
hereby rendered themselves liable to the stock
holders for all the waste committed.
And further charge, Mr.. Speaker, that the con
ract made with Beckery-Rust s. Co., to build the
whole Of said road, was made when the Company
lad only $4,000 Of stOck-and was in violation
# said 9TH section Of their charter.
Now, Mr. Speaker, let us look a little into said
and see what 1t was. They agree to give
Becker Rust Co. 81, 1923, 900 to build said road,
o be paid as follows: