Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-08-02
\ A WILLIE
R0CK CITY WILLIS.
RAILWAY MATTERS.
The CITY CouuefI and the NashVliie anu
NorahSTestorn RRflrOad''

Railroad Company petitioned Inc O4y o0~usi
for n chance Of the right of way through the cat
to connect with the Edgefeld and Kentucky Ran
road This Detitiou was referred to a committee Q
two Ai5ermen and three Councimen At the meet
inc az the Board of Aldermen on the Z4th ult7 Al
deyn,n II ,,rr.roy presented report from the ma
;oritv Of the committee as follows
LIST That the corporation have no power to pre-
,on, The sanction Of the Edgeheld and Kentucky
Railroad and the Nashville ana northwestern Ran
road. by running track through the city o
Va 81 That If would be far better for the corpora
,ion that the Northwestern Railroad should ruI
along the line now pstiuoned for than originally
contemplated along Crawford street.
Tbpv- therefore, recommend that the petition be
Granted and all corporation damages be waived
provided said Nashville and Northwestern Railroad
ComDany viii execute a satisfactory bond securing
the corporation for the present and for all future
time against such Inconvenience will now OF
may hereafter occur from such alteration Of route
either from altered grades opening of new streets
alleys, dc.
Alderman CHEAIHAN, from the minority of the
committee, reported against granting the petition
for the following reasons:
lst That the object of said road in crossing said
streets is to form union depot with the Louisville
and Nashville and the Edgefeld and Kentucky Rail
roads, which viii only increase the facilities of said
roads to make further determinations through
freights and against local freights, which has be-
come so great as 10 materially injure the commerce
OF your city being upon the articles of bacon and
hour near ticedtree per against your city, and
directly in favor of Cincinnati, Louisville and other
points North and West of u.s.
I'd. That said crossing would materially damage
the facilities Of travel on said streets and operate
IS dangerous obstruction 10 the same without any
corresponding benefit to your citizens.
3D. Tiaat said Northwestern Road has no right of
way from the Legislature or the City Council that
the City Council, of June. 1885, that granted said
road the right to occupy Crawford street, trans
cended their chartered privileges, they have no
power conferred upon them to sell or convey any
street or public alley for any puI pose whatever !;
therefore, said grant illegal and has not been
used by said company that the Edgefeld and Ken
lucky Road has already established Its depot with
that Of the Louisville road, which has been permit
ted by the City Council and that extent the of
1855 permitting said roads to join depOts has been
complied with, and the Northwestern Road has no
special privileges under said act.
At meeting of the Board of Aldermen On the
10Th nit, Mr.. HAMILTON asked and obtained leave to
withdraw the petition of the Nashville and North
western Railroad Company.
At the meeting of the Common Council on the
same day, Mr.. RHEA presented the following resolu-
ton, which was adopted:
WHEREAS, The Nashville and Northwestern Rail
ROAD company are DulQlng their Road across
number OF streets within the city limits, without
having first procured OF the City Council the right
of way across said streets and, whereas the poll;
cy of allowing Railroads to occupy or cross the
streets of the city Is Of doubtful expediency, and
should never be allowed without due consideration
and after having secured on the part of the city
guarantees from the Railroad Company of indemnity
aganst damages to persons and property within her
limits:
Therefore be Il resolved by the City Council Of Nash
~ -,
ident and Directors of said Nashville and North
western Railroad TO desist Immediately from any
further prosecution of said work within the city
limits, until leave be obtained from this Council to
prOceed and that he further notify them to remove
all Instructions which may have been placed Ill or
above any Of the streets proposed TO be crossed
and in the event said Railroad Company refuse to
obey such notices. the Mayor will procure legal adj
vice and take such steps in the premises may be
necessary to protect the rights of the city.
At a called meeting of the Board of Aldermen,
Monday afternoon Mr. HAMILTON offered the follow
ing resolutions, which were adopted:
Resolved, by The Board Of Aldermen Of the city of
Nashville That the question TO the power of the
City Council under existing laws including the sew
eral acts of the General Assembly of Tennessee and
also the act Of the Board of Mayor and Aldermen
entitled act TO authorize the Mayor to subscribe
stock in the Nashville and Northwestern Railroad
Company, passed January 2S. 1855" to prevent the
from coming into the corporate limits of the city of
Nashville, be and the same is hereby respectfully
submitted TO Return Msigs, F. b. Fogg and Andrew
Ewing. Esqs
Resolved That said gentlemen are hereby respect
fully solicited to render to this Board as soon as
convenient their written opinion upon this subject.
Thus the matter stands, so far the City Council
is concerned. The resolution Of Mr. RHEA will come
up for action in the Board of Aldermen at the
regular meeting Tuesday next and if it should be
adopted by that body, it is probable lawsuit will
be the result as it is understood the Company will
not obey the mandate of the city.
A correspondent of the Banner, who seems OF
have famiarised himself with the subject, presents
the following view Of the case
The act incorporating the Louisville and Nashville
Railroad Company, authorizes them TO construct
said Railroad from the State line to point 1cR or
convenient to the city of Nashville The Nashville
and Northwestern Railroad Company was incorpo-
rated in the language of their charter, for the pur
pose of establishing a communication, by railroad,
between Nashville and the Mississippi River, be-
ginning at Nashville, and terminating on the MIssis
sppi River
The Supreme Court of our State. at the last term.
in the case OF the Tennessee and Alabama Railroad
Company VS.. Adams, held the following language
The plaintiffs in error were incorporated tor the
purpose of constructing railroad from Nashville,
by the way OF Franklin, TO the line between the
States Of Tennessee and Alabama, in the direction
Of FlOreLce and the first question is whether, I'M
der their charter, they had the right, in the con
struction of thar road, 10 enter The corporate limits Of
the city Of AdSLUile. The Circuit Judge of
opinion they had and we think the weight of au-
thOrltv sustans him. The words from tOtoH or city
used in L charter for a work Improvement like
this, it has been held, must be taken lcllSicely' The
Court further says: The right OF the legislative
power 70 authorize the building of railroad within
a town or city, or upon street, or other public
highway, is not now to be doubted" 1t is also de-
cided in the same case that the Tennessee and Ala
bama Railroad Company, although the language of
the charter TO construct their road ON Nash
willie &c had the right, in coming into the city, to
occupy with their road streets. alleys or private
property the restriction being that they shall
ate only such mpediments cannot be avoided
in the exercise Of this right This doctrine is based
upon the obvious principle that a municipal corpO-
ration can have higher rights of property in its
streets and alleys than private citizen has IN land
belonging to him. If the Legislature can authorize
a IRilroad TO be built over the farm and dwelling
house Of farmer, it can certainly grant the right
TO occupy street or alley IN city
According then. TO the decision RbO"e cited, the
Nashville and Northwestern, and the Louisville and
Nashville Railroad Companies, would have the right
20 come into the CItv and to cross or occupy the
streets and If the companies choose 10 go 10 the
same point they might do so and unite Their tracks
But il seems 10 have been the wish and eNpecta-
ton of the Legislature that the various Railroads
er, and accordingly several Acts have been passe"
expressly authorizing such connection 10 carry
ibis purpose State aid the amount OF sZZeoOO
has been granted for the building of the bridge over
the Cumberland for the benefit OF all the roads The
following some of she Acts on this subject:
A passed FsB H. Is53, Chapter l6 Be d enacted
Railroad Companies pech in this act, all
Railroad Companies hereafter rpOTated in this state sA
their roads each other u
nscessay by the trunks branches unite 1cffh ed
sr with the branches thereof shall be the duty OF
said companies when required heir roads and
brachss the foil loaded freight each other and the
thereof and transport their destination
them without charging for the transportation Of the
goods, rate Of freight than charge fer
similar goods. sc in their Own
The Nashville and Northwestern and the Louis
vile and Nashville Railroad Companies were nclu-
ded in the companies specified in this act and Its
provisions were afterwards extended to the Edge
field and Kentucky Railroad Company.
Act q Noe 1855 Chdpter ST. Sec 9 Be FURTHER enacted
That aid Company 1.-THE louisville and Nashville Railroad Com
av Is hereby required extend said point ia the
% Nashville purpose ssd Company shall within
two build and tor use good and substantial
across Cumberland River. &c
~ IS ne 1855 CHARTER :, Sec. l. Be IL enacted, That
d Compspy 1.-THE Edgeed and Kentucky Railroad Company
bvs he right extending their road from their depot IN
Pdehed 50 as with The Nashville and Chattanooga rail
road or he AshUe and AOhoeSte or The tennessee anc
Ashams Railroad - - ,,,.,,