The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-01-01
Southern Observation-Disclosures Grant
I'd nnnn The .ri.rce ny cnnt. Fad.


cd upon the Three por cent FUsd-
N 1910 TIC session OF the Legislature a
nnl crsy arose as TO what should be
donew .he three per cent. fund re-
main M in the Treasury, whetherit should |
be- distributed amoug he different rail-
road companies o. ,hc Sioto, unGer the
az. Of 1857 or given 60 the counties, IN
accordance vi,h the provisions Of an act
passed IN 1852 Tho Legislature decided
thlti, should 70 20 The counties and the
mcmbcrs generally left jackson, under
the belief that their counties were to re-
cJiyc ,hcir pro rata shane Of the fund
Since then, however, the Southern Rail
road has instituted proceedings which viii
prohghlv give the entire amount Of the
fund row i'm the Treasury to that Compa-
ny. We iui the following in the VicSs-
burg Wing:
We learn that on last Friday. the
Raymond Circuit Court. Judge Watts pre-
sizing. granted q pcrcmptory mandamus
upon the Auditor, to issue his warrant in
favor Of the Southern Railroad Company
for 500 500 IS part OF the three per cent.
fund; thus substantially deciding that
neither the counties nor any Of tho rail-
roads. except tho Southern Road. are en-
titled toit We learn the Attorney GEN
cral was present resisting tho mandamus.
and that the Hon. VIM. Ncrger rcprcsen-
ted the Southern Railroad Company
Gen. Wharton. we undertand, has appeal
u a. - - A
| 10 the High Court Of Errors and Appeals.
which viii have, AZ its next session 10 de-
eide the interesting question presented by
the record in &hc case.
The facts upon which the Court held
j the Southern Road to be entitled to the
| whole fund. a. We learn. arc a. follows:
/ Under the Sd section Of the act Of Nov.
/ H.. ls57. loaning this fund to the railroads,
1 Il was provided "that should either Of the
i roads in the above act mentioned fail or
| refuse for ninety DAYS 10 make application
| for their distributive share Of the three
/ per cent. fund, then, in that event, the
i share or shares so neglected or refused
u ~ JppIied Tor, shah be distributed by
| the auditor Of Public Accounts among
the other road or roads applying within
the ninety days. share and share alike"
4
for about twenty thousand dollars, under
the mpposition that there was but about
| one hundred thousand dollars in the treas
| urv; but before tho expiration Of tho
ninety DAYS i'm February last, the Southern
1 Railroad Company applied for the residue
| Of tho fund which they had reason to be-
lievc had not vet been divided, and they
| fled their bonds in conformity with the
1 g.. ,s,,k -, ~,
entire sum, and take the Treasurer's re-
coipt for the same, thus placing the COM
p1ny in a condition to call for the entire
fund whenever they saw fit TO demand
IL. We understand that il was not tho
intention Of the company to have enforc-
Ell their exclusive right rs against the
! other railroads, had the recent legislature
rc-divided, as was proposed, the sum
among them. the Southern road would
have waived its prior right and re.
| ceivCd Its pro rata share with tho other
roads But the very day that the vote
was taken by which the fund was with
drawn from the roads and transferred Ia
the counties. the Southern Railroad Com.
pany made It's demand Of the Auditor
and commenced the proceeding which has
resulted in a decision in its favor, direct.
ing the Auditor to issue his warrant in "a
vor Of the Company for the sum stated.
We learn that Gen. Wharton, both in
tho answer Of Mr.. McAfee. tho Auditor,
and in his argument before the Court
took every ground possible in resisting the
| application. relying both on tho act n
| 1852. distributing tho fund among the
counties. as we'll NJ on the act Of lass, 70
| affirming the former act insisting that il
the act of Nov. 1857 loaning the money
20 the railroads had repealed the act o.
| l-j2 distributing il among the counties
then the act Of Nov. lsj7 had been in III
turn repealed by the act Of Dec. 1855. re
| granting 10 % the counties. Judge Yer
| gers complete answer 10 this was. that IN
| the meantime. after the act Of Nov. 81
and before the act of Dec. 1858, the South
crn Road had become entitled 10 tho fund
by having applied for it within the tim,
and in the mode prescribed BY tho act O
1857. and had executed its bonds anC
lodged them with the proper officer Of thu
state. and had hus rsS,sf righ IN ne fiH,
which no subsequent legislation cOulC
take away. This unauswerable view pre-
vailed. and Judge Watts. "a already sta
tel. decided fully in favor Of the South
orn Railroad Company right to the fund
tits the opiniono Of tho best lawyers tina
| the decision Of Judge Watts will be con
frmcd by the High Court; and We hop
| that Il may. The fund loaned to the roa,
would be- beneficial in two ways-it woul
materially assist in tho completion Of tina
: imrortaht work, and would thSR be r,
! turned into tho Treasury to be appropris
tel afterwards to the Gulf and Ship ISLAM
Road. To Distribute Il among the countie
! wouldbe o. give it where it is not needed
| and where. in nine cases out Of ten,
! would be put to no good use.