New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1858-04-16


above mentioned, approved April IS, 1858.
By virtue of another act of the 2Sth OF April 1883
the State has contributed the sum OF 1851 700 IN
bonds, 10 aid of the building of the N, o., jackson
and g. N. Railroad, and has bthertobe represented
in said Company by three Directors, appointed in the
manner directed by the 9Th section OF the previously
mentioned Act of the 2sth of April, 1858.
Since then the Railroad Company has received aid
from the City Of New Orleans to the amount of
1900 600 in bonds subscribed under the authority
of an act Of the Legislature, approved March 18th,
1854, and has been represented by three Directors,
chosen by the Common Council. as directed by Sec
ton Of said Act The other stockholders are repre-
scented by Directors elected by them annually.
Under such government the railroad has progressed
as rapidly as the nature of the work would allow,
and it now connects our city with the capital Of
Mississippi,
By an Act approved March 18th, 1852, the Legis
ture of the State of Mississippi granted the right of
way and other privileges, to the N. o.. Jackson and
G. N, Railroad Company, authorizing said Company
TO construct the road through the State OF Mississippi
" by the way of the City of jackson to point
the line of the boundary separating the State of Mis-
sssipp from the States OF Tennessee and Alabama"
imposing, however, the following condition, (see
Section So that if the Railroad by this Act anthor
lied shall not be completed in all its extent con-
templated Within this State so far as to transport
freight and passengers within the space of ten years
from the passage OF this Act and its acceptance by
said Company then this Act shall be null and void
After the City of New 0reaus, the State OF Mis-
of the railroad and in bestowng her bounty she i'm
posed such conditions only would be deemed just
and eqtable.
By an Act of 1854, out of her internal improve
ment fund she contributed in aid OF the building Of
the road, the sam OF S4l4000 STIMULATING that one
haltJthe said should be expended in works north
OF the city OF Canton,
In 1857 she loaned to the Railroad Company ont
of the Chckasaw School Fund, the sum Of sls5 900
upon condition that it should be expended in building
the railroad north of Canton,
The Company has also received the sum of $40 900
from the State ofsMssissipp, out Of the three per
cent. fund, upon the same condition as above.
The Company is bound, in good faith, to the State
Of Mississippi, to construct the Railroad to the Ten
nessee or Alabama line, within the time prescribed,
and to expend the money advanced by her on the
above-nsmed condition, north OF the City of Canton
The present organization Of the Company, consd-
erng the Acts of the Legislature of Louisiana, and
her appointment Of three Directors the contribution
OF the City of New Orleans with her appointment Of
three Directors the contributions made and pryi-
leges granted by the State of Mississippi; the sub.
scrptions and payments by private individuals and
taxpayers of railroad taxes, forms contract which
no party is allowed to change, alter modify with
out the consent OF the other contracting parties
With the view OF protecting the interest OF all the
Legislature OF Louisiana in granting corporate fran
chises to the Company (see Act OF April 22 1858,
SOD declared that " Whenever the New Orleans,
jackson and Great Northern Railroad Company de
sire any change Ia this Act of Incorporation, or any,
public notice shall be given of the same, by adver
tisements in one or ,more newspapers published in
the city of New Orleans at least six months in ad-
vance OF the passage Of any law, by which said
change may be effected or said rights powers i'm.
mnnites or privileges granted and no alteration Of,
or addition TO the charter Of said Company shall be
made in a manner different from that provided in
this section"
Six months notice is here required to be given of
any intended change IN the Charter OF the Company,
in order that any one having rights in said Company
may have time to inform himself what best suits his
interest.
The Act of the Legislature of the 18th March,
1865, upon which you request my opinion was not
preceded by notice of six months as required by
section 10 of the Act Of April the 22d, 1858, 1t
not submitted to the usual delays in legislation.
1t was presented passed. and signed by the Governor
in one day without notice to the public. Such pro-
ceedngs and such changes in the Charter of the
Company are prohibited by the Act OF 1853, above
mentioned Such law is nall, and cannot be en-
forced.
Independently of the above cause of nuty in said
Act Of the 18th Of March 1855, there cousidera
tons which, in my opinion, should have weight with
the Chief Executive Of the city OF New Orleans in
resisting the aforementioned law, and opposing its
adoption at the polls to be held for that purpose.
The New Orleans, jackson and Great Northern
Railroad Company is private corporation, whose
affairs should be managed with the sole view 10 pro
mote its public usefulness and advance the interests
Of those who have contributed the means Of building
aud equipping the Road.
No political element should be allowed to approach
the councirOom Of its Directors for it would very
soon be converted into arena for contests between
demagogues and its present fair prospects sacrificed
to their ambition. The Governor of the State must
necessarily in the present condition Of things be the
representative OF political faction or party bound
by party obligations to sustain the interests OF his
political friends aud to bestow rewards upon such
have served his Such a voter under the large
subscription Of the State would be dangerous to the
best interests of the Railroad Company, and would
hold the power Of a dictator at the annual elections
Of the Stockholders. Nor would such political power
be counterbalanced by the vote of the city Of New
Orleans for you will observe by the Act OF the 18th
March, 1885, the city Of New Orleans is only invited
vote upon the acceptance or rejection OF said Act
afterwards, she could not stand upon equal footing
with the State although she has contributed $1,000,
900. The State wOnld vote upon the choice OF all
Directors, and the City would only retain her right
to selection of three. such inequality and untarness
might greatly injure the interests of New Orleans.
Good faith towards the State of Mississippi and
private Stockholders, well as a due regard TO her
own interests, should in my opinion. induce the City
Of New Orleans TO vote against the acceptance of the
Act Of the 18th March, 1858.
have the honor to remain, your o'bt sery't
OFFICE or THE Cry ArToRsEI5 0'' -''''V
New Orleans. April g. laJs.
Mr. Holland offered the following resolution in 70.
gard to the foregoing message, which was read the
rules being suspended, aud lost by the following
vote
Yeas Messrs. Magioni, Dolhonde, Hall, Holland.
Beebe and Ranney-G.
Nays Messrs. Huyghe, lombard Pbelps Reid
Waldo, Whitney and Stickney-7.
Roigi That the MavOs message in relation 10 the Nav
Orleans Jackson aud Greet Northern Railroad Conpnnv
referred to joint committee, be composed four
Of This Board and - members Of the Board Of Aldermen
Mr.. Lombard moved that the course taken by the
Mayor he approved.
Mr.. Hall moved that the message of the Mayor he
laid on tile table subject to call
Yeas Messrs. NagiOn DohOnde Hall, Holland.
Whitney, Beebe and Ranuey-7.
Nays; Messrs. Huyghe, Lombard, Phelps, Reid
Waldo and Stckney-6.
Mr.. Holland offered the following resolution, which
was read the rules being suspended adopted by the
following vote, and on motion sent to the Board of
Aldermen for concurrence
Yeas; Messrs Msgioni, Dohonde Holland Huyghe.
Lombard, Phelps, Reid, Waldo, Whitney, Beebe, Ran
ney and Stckney-l2.
Nay Mr. Hail..
in the New Orleans Jackson Great Northern Railroad
des hereby direct The Mayor appear ut meeting of the
holders Of said Company to be held In this
inst and there vote in the nnme Of the city New Orleans
meeting
The following message from the Comptroller was
read. and on motion, the first part was referred to
the Committee Streets and Landings and the
second part to the Finance Committee
CoHrTRuLIERs OFFICE I
To the honorable the Common Council
o,,.. ,,, O! The City OF New Orleans