Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1860-08-11
The Union Depot.

The following communication was presen-
| ted to the Board of Aldermen on Tuesday
| evening last in conformity with a resolution
| adopted at u previous meeting requesting the
opinion of the gentlemen whose names are
affixed, as to the power of the City Council
under existing laws to prevent the N, IL N.
w. r. r. Company from coming into the cor
porate limits of the city
On motion OF Aid. Cox, the opinion annex
cd was ordered TO be published in the city
papers:
To the Honorable Board of Aldermen for tile
City Of NaSIuille: In answer to the resolution
of your Board, passed on Monday, the 30th
of July, 1860, referring to US the question as
to the power of the City Council under ex-
listing laws to prevent the Nashville and
Northwestern Railroad Company from COM
ing into the corporate limits of the City of
Nashville, we reply as follows;
The Supreme Court of Tennessee in the
case of the Tennessee and Alabama Railroad
Company against Adams, at the last term of
the Court, decided that the right of the leg
islative power to authotize the building of a
railroad within town or city, or upon a
street or other public highway is not now to
be doubted, and refer TO the authority of cas-
es decided by the Supreme Courts of New
York, Pennsylvania and Massachusetts. The
Court in that case also says that the power
to come within the city of Nashville carries
with 1t, by implication, the power, if need be,
to locate the road upon street or alley. SO
the power to enter the city of necessity gives
the right to locate the road somewhere, and
il need be, upon street or alley.
city is public corporation, an auxiliary
of the Government in the important bust
ness of municipal rule and the Legislature
has much more control and power as the
trustee or guardian of the public interests
over public than over private corporations
or individuals. By the power of eminent do
main, the Legislature eau authorize the tax
ing of the property of individuals, turnpike
companies, bridge companies, and other pri-
vate corporations for the constructions of
railroads or other public uses, much more
can it authorize the property of public cor
pOration to be taken for the same uses.
The act of 1852, chapter Isl, sec. 16, gives
to all railroad companies specified in that
act. and all other railroad companies hereaf-
ter Incorporated in the State, the power to
construct their roads so as to cross erch 9TH
err if necessary, by the main trunks or bran
ches, or to unite with each other or with the
branches thereof, etc. The act incorporating
the Louisville and Nashville Railroad autho-
rise it to construct said railroad from the
State line To a point 1CithiR or convenient to
the city of Nashville. The act incorporating
the Nashville and Northwestern Railroad
Company, declares that it is for the purpose
of establishing o communication by railroad
between Nashville and the Mississippi river,
beginning at Nashville, etc. In the act of
November, 1855. chap. 81. sec. 2, the Louis
vile and Nashville Railroad Company was
required to extend their road to some point
in the city of Nashville, and for that purpose
within two years to build good and sub- |
stantial bridge acre 8 Cumberland river g.:
By the act of 18th of DECEMBER, 1855 C a.. |
z, sec. 2, the Edgefeld and Kentucky Rail- |
road Company had the right of extending |
their road from their depot in Edgefield SO as |
10 unite with the Nashville and Chattanooga |
railroad, or the Nashville and Northwestern |
or the Tennessee aud Alabama Railroads.
Section of the same act reqlires the Edge |
field and Kentucky Railroad Company |
to cross the Cumberland river at Nashville |
The act of the 18th December, 1855, chapter
227, section 9, gives to all the railroad COM
panies chartered or to be chartered, full pow
er TO unite in the purchase OF ground, right |
of way or other privileges necessary for, and |
to unite upon such terms as may be agreed
upon, in the construction of common
bridge, &C., and in the erection of any build
ings and fixtures useful for the convenient
transfer of passengers and freight from one
road to another. The 18th section of said
act appropriates money for building the
bridge over the Cumberland, &c.
From all these acts, it appears to be the
policy of the Legislature not only to au-
thorizc but to require the union of these rail-
roads. The Legislature had a right to Judge
of the policy required by the public good,
and from view of all the legislation and
the general law, it appears to US that the
City Council have NJ right 10 prevent the
Nashville and Northwestern Railroad Com
pany from coming into the corporate limits
Of the city of Nashville, and constructing
heir railroad within the limitations and re-
stricti0ns prescribed by their charter and
hat OF the Nashville and Chattanooga Rail-
road charter, which is made part of their
charter.
F. B. FOGG,
NEUI . BROWN