Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-08-08
city Council.

lgt of July amounting 20 81 yfDz.Oos also kl9L II
has contracted for two steam fire engines, one o
which is now here and the other to be delivered il
the city by the 10th nst also six horses 1000 fee
of gum hose, and two hose reels all of which vii
be ready for service by the 10Th inst
In accordance with the act creating Steam Fir
Department, the Mayor submitted the following ap
pointments:
Company No. /, Eclipse Company Engineer, 10
sErn ERWIN; Pipemen WV. LoNG and HENRY WET
TER; Privates,J. B. SMITH and CHARLES P. SAYREs
Hosemen, w. II. McFERPN and JAMES FRANKLIN
Driver JOLLY PARRISH.
Company No. 2 J. NJ. HAMILTON Company En-
gineer, RICHARD HARMON; Pipemen, JAMES DAVIS anC
F. ". Hoax; Privates, THEODORE BRAssEL and HAz
LEP KYLE, Horsemen, X. J. MARLING and Dawn
TANkEsLEY; Driver, Saw. CoRBur.
The report of the Revenue Collector shows col
lecton since last report amounting to S35l2 5j for
corporation purposes, and ,l42 81 for schools.
The report of the Water Tax Collector shows
collections since the last report amounting to So,
46S 20.
The Recorder reports collections during the month
Of July for license, privileges, &C. amounting to
SlOo2 ST. and on account Of fines collected. S275 so
Mr.. HAMILTON, from the committe finance re-
ported on sundry accounts amounting 20 $500 So,
and recommended their payment which was Or
dered.
Mr.. MCGNNIs presented the repor, Of the Wharf
Master, showing collections amounting to slG6 TO-
The President presented the report OF 5he second
Clerk OF the Market show wing collections ~ July
amounting TO S523 25. q
The report CT the Sexton OF the City Cemetery
shows thar during the month of July. there we're
the city and from the country. The mortality for
July is the same as for jane and the proper
ton of children and adults is about the same
Ma Cox read the following communication
To he Honorable Board Of Aldermen for tie Gin Of
NdSbule: Ia answer TO the resolution Of your
Board passed on Monday, the 30th of July 1860 re-
terring US the question as to the power of the
City Council under existing laws to prevent the
Nashville and Northwestern railroad Company from
coming into the corporate limits OF the City OF Nash
VILE 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 decid ID that
the right OF the legislative power to authorize the
BUILDING OF railroad within town or city, up
on a street other public highway is not be
doubted, and to the authority of decided
by the Supreme Courts Of New York, Pennsylvania
aud Massachusetts. The Court in that also Say
that the power 10 come within the city OF Nash
vile carries with IT, by implication the power. if
need be- to locate the road upon street or alley.
So the power enter the city of necessity gives the
right to locate the road SOms,rbeTe and if need be-
upon a street or alley.
\ city is-R public corporation, an auxiliary Of the
Government in the important business OF municipal
rule and the Legislature has much more control and
power the trustee guardian OF the public inter
ests over public than over private corporations
or individuals. By the power Of eminent domain,
the Legislature can authorize the taking of the prop
erty Of individuals, turnpike companies bridge COM
panies and other private corporations Tor the con-
structiuns of railroads or other public use much
more can il authorize the property OF public cor
poration to be taken for the same uses.
The act of 1872 chapter ISL, elton l6, gives to
ali railroad companies specified IN that act, and all
other railroad companies hereafter incorporated IN
the State the power to construct their roads so as
cross each other If necessary by the main trunks
or branches or to unite with each other with the
branches thereof etc. The act incorporating the
Louisville aad Nashville Railroad authorizes 1t to
construct SAID railroad from the state line % point
lrflia or convenient TO the CITY OF nashville. lhe
act incorporating the Nashville and Northwestern
Railroad Company, declares that 1t IS for the pur-
pose of establishing communication by railroad DC
tween Nashville and the Mississippi rlve1 beginning
at Nashville, etc. In The act of November 1000
cbapter 81 section , the Louisville and Nashville
Railroad Company required to extend their
road 10 some point in the city OF Nashville, ana lol
that purpose, within two years to build good ana
substantial bridge across Cumberland river etc. by
the act of 18th Of December, 1855, chapter Z, see
ton l. the Edgefeld and kentucky Railroad Com
pany had the right of extending their road from
their denot in Edgefeld so As 10 unite with the
Nashville and CHATTANOOGA Railroad, or the Nasn
willie and Northwestern or the Tennessee and Ala
hama Railroads Section of the same act require;
the Edgefed and Kentucky Railroad Company
TO c-nss the Cumberland river at Nashville. The
act OF the 18th December, 1850 chapter 22I section
q gives to all the railroad companies chartered OF
TO be chartered full power to unite in the purchase
of ground, right of way other privileges neces
sary for, and to unite upon such terms as may b'
arreed upon, IN the construction of common bridge
yc and in the erection Of any buildings and txtIre
useful for the convenient transfer Of passengers anC
freight from one road to another. The llth section
of said act approprlAtes money for building th
bridge over the Cumberland &c.
From all these acts, it appears to be the policy o
the Legislature not only TO authorize but TO requir
the union of these railroads. The Legislature hat
right TO Judge of the policy required by the pubh
good, and from view Of all the legislation and tn
general law, 1t appears to us that the City C0uhC
have no right to prevent the Nashville and North
western Railroad Company from coming INTO tn
corporate limits of the city of Nashville, and cor
structng their railroad within the Limitations an
restrictions prescribed by their chsrter and that
the Nashville and Chat:anooaa Railroad char'e
which is made pa,t of their charter.
F. B. FOGG,
NEIL 5. BEowN.
r. J. MEIGS.
President CHEAuI>u AIr. Horn in the chair) SAID
Mr. President: deem it due to myself to eXpla
to the honorable Board my position upon the que
ton under consideration lam nhexiby Oppose
10 allowing the Nashville and Northwestern Railroa
Company 20 run its track through the city, and co
meet with the Louisville and Nashville and Edgetie
and Kentucky Railroads While such union mig
conduce 10 the convenience Of the travelling public
,youIe be a death blow 10 the prosperity of Mas
Vile and We are here to legislate not for the co
venience of the travelling public alone, but for Il
interest Of own city chiefly, while am not an a
81 s. D. alrFVr d. IL, -l1f aF
eft 10 ourselves would greatly lncomR0de and /
iure other. Yet sir, charity begins at home al
experience teaches that the legislation Of all NJ
nicipai Corporations must be selfish to secure Al
great progress.
If then there is anv legal mode by which the co
temDlated union of these roads Yet be prevent,
am ready TO 20 far as him who goes fa-thest
arrestiny the further progress Of the Nashville
Northwestern Railroad through our city. If, llo'
ever it shall be decided that we have no power
ureyent the cOnsummaton of TINS great wrong
II shall be determined that the highest legslSti
authority of our State has gwen 10 the Railro;
companies the right to perpetrae this injury upon
and that such legislation Is constitutional and bndl1
tLen hone that / can yield TO the fat Of the law
,,racpf,lIy As anv. | am no lawyer and shall 4
attempt on tins occasion to discuss the legal pom
involved in this controversy; the question mas ne
submitted TO thee Of our most eminent lawye
and / f6. one shall have great respect for tn
Judgment In the views presented by myself
colleague Mr.. McFerrrin. at our last meeting IN o
minority report, we we're guided by Inc aI'lce
legal gentlemen, no less distinguished tGan thoSe
whom the question has been submitted by tins Id
orable Board. The views then expressed may
wrong; hope they may be correct; am at le
for making a vigorous use Of ~ legal means ID
power Of arrestng and ayertlHg the great caain
which these roads that we have Eelpeu 10 OuHu
about 10 bring upon Us.
But Mr. President, heard it rumored IN cefu
quarters within the past week, that had by
vote in the Legisure given TO these roads, the YS
power which they are now using with such TERRI
effect agains. us. Ii is alleged that lyoted for an
giving 10 the Nashville and North Western and
other companies, the right to construct their ro
through our city, and connect in a common del
This sir. is not true in any sense, but IS wholly
true. What is the history Of our legislation on
point the Legislature Of 1855, passed an act