Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-11-27
NASHVILLE. November 9th. 1s6

10 his Eccels1cy GoUerAor w. q. Bro,galotg.
Sm:-In accordance with your request waited
on the Congressional Committee on Southern Rail
roads while IN the city, and submitted verbally "a
Mr. McClurg, the chairman, for their consideration
the views and opinions before presented by me "a
your Excsllency, and which / now respectfully de-
liver 10 your EXcellcncy in writing requested by
you.
In 1872 the state Of Tennessee began an extern
slyo system Of internal improvements, and the Le-
gsature enacted the law entitled Gan act to estab-
lsh system of internal improvements in this
State, approved February nth, 1852.
Under the Isl and 10th sections Of this act, lbe-
val and generous aid was given 10 fourteen of the
roads of the State, and by subsequent acts the beni
hcent provisions Of the law were extended 10 all the
other railroads in the State and more than twenty
II tho railroads in Tennessee became the recipients
of State favor and aid
BY the 81 and ith sections of this internal i'm
pr0yCmeut law the State Of Tennessee creates and
reserves a lien upon each road for the amount of
bonds Of tho State issued TO the respective roads,
and for all interest which may accrue said bonds,
n the following words: "And when the whole Of
said roads shall be completed tbs State Of Tennes-
shall be invested with a lien without deed
from the Company, upon the entire road, including
Che stock. RIGHT % way ciaqing bridges. rnasQnry.
iron rails, spikes chairs and the WhOle supeSIfuc-
,ure and equipments and all the property owned
by The Company as incident to necessary for its
business and all depots and depot stations, for the
payment Of all Of said bonds issued to the C0mpa-
nv as provided in this act and for theinterest ac-
truing on said bonds.
And in order TO render the lien Of the State ex-
elusive and prior and 10 secure the State of Ten
uessee for the amount generously loaned to the COM
panies the Legislature further enacts in the con-
Guiding clause Of the 18th section: "And after. the
Governor shall have issued bonds for the first sec
ton Of tho road, il shall not be lawful for said COM
nany TO give, create or convey to any persons or
h75y corporate whatever any lien, incumbrance or
mortgage of any kind which shall have priority
over or come in contact with the lien Of the State
herein secured; and any such lien, incumbrance or
mortgage shall be null and void against said
lien or mortgage the State, and the said lien or
mortgage of the State shall have priority over all
other claims existing to exist against said COM
pany'
II any force is given TO language, and any regard
uaid 10 the law of a State, there cannot rest doubl
mn tho mind of the most ignorant or skeptoal, that
the State of Tennessee has preexisting prior lien
and superior equity for tho sccurement OF her claim
over all other claims of any and all parties, whose
ever and whatever. This prior and superior equity
in right of your State must and Will be recognized
and enforced bv the Courts of the United States.
After your State expended many millions OF dol
lars In the building of these roads, the rebelher
broke out and disastrous. civil war pervaded and
desolated the Southern States. Your State being
part Of tthe theatre of war; the military AUTHORITIES
look possession of The territory Of tennessee, ant
of the raroads in the State Before the Federal ar
mics moved upon the capital of your State and tool
rossesson of the railroads these roads might be di
visible into two classes First, those that had com
plied with the law of 18th Of February, 1892, b.
having ihe interest that had accrued on the bond
of The State issued 90 the roads; and, second tn
roads that had failed and were not able TO pay th
interest on the bonds issued to them, and wheel
roads passed into the possession and control OF tn
State under the 9th section OF the act OF februar
nth, 1852.
-,..T,5 !, l,1.. 4,d f.,f
class were the Edgefold and Kentucky railroad an
the Winchester and Alabama railroad All tn
other roads az that date belonged TO the other, o
first class or at least had not been taken possesslo
of bv the State under the 9Th section OF the interna
improvement law,
The Winchester aud Alabama railroad had bee
taken possession of by the State, and was IN th
control of The State or OF the Receiver as the ager
of the State. The Edgeleld and Kentucky railroa
WAS also In the hands Of tho State, and under IN
control of Colonel Adna Anderson, as Receiver @
The State under the 9TH section OF the law
The Winchester and Alahsma railroad was take
possession Of by The military authorities OF the u
ted States and the entire property oil the roao, u
Guiding the iron on thrty-nino miles oil track Wa
removed and used bv the Federal Government
This property was In possession OF the StsteI an
belonged 60 H. q must DO borne in mind thai a
The pTopertv Of She Company including the stoc
of Stockholders by the express terms OF the 81 Sc
U1n Of the act of February lib, 1852 passed TO IN
State. and the legal title 20 the whole was vested
The State, subject 20 redemption by the Compan
paying the interest on the bonds which was ban
utility.
Winchester and Alabama Railroad, estimated
s. cost of $4,000 per mile, including the entil
iron, SO miles-5975,Q poo. Your state held u
property 10 secure the payment OF the claim II
United States Government removed every ran al
re whole superstruclure. If the above estima
should be regarded as extravagant, then estima
what ii will cost your State TO replace the IRON an
superstructurc removed aud used by the Unite
States, al the low rates Of $4,000 per mile, ana
amounts.
Cost Of replacing iron, ties, ETC. on the Winche
teg and Alabama Railroad S5sj,000. This amou
Che State Of Tennessee has n just claim Tor again
the United States
Take the case Of the Edgefeld and hentuel
i.Alroad, which passed into the possession OF y
-e'e oil Tennessee In l6C0, and was plaeel ~ -
sfol OF Col. Adns Anderson, as State Receiver, y
ay IMP .rd section Of the act Of February = 70.
-'' rlad remained ia the possession oil the Isecei
~ tAlH 10 was taken possession Of by the Z M
alg military authorities, in March, 1867; -
Aana Anderson, the Receiver, was appointed MI
larry Superintendent Of Railroads for Tenness
and be, and others, IN the Military Railroad !
partment controlled, managed and used this ro'
with other roads OF tho State until the spring
Railroad was controlled and used by the Unit
States Government Tor more than three years,
Transporting troops and supplies from Mempl
Clarksvule Springfield and Louisville. When
Louisville and Nashville Railroad was obstruc
BY the destruction Of tho tunnel north Of Gala
by the rebels the Eageield and kentucky "
road was used r transporting troops and supp
from Louisville The Edgefeld and kentut
Railroad, ~ about tbiriy-hFe miles q a. rom Ne