Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-08-02
RAILROAD CONTROVERSY

&c tEe EultOrS OF tne Union anu DspatcH.
1t is exceedingly unpleasant to me to
have to appear in your columns so often,
vet Justice to myself and others forbids 81
lence. When misstatements and misrepre-
sensations are being made every day in re-
gard to my motives, and the motives ofaI
others who oppose the election of Mr..
Burns and his ticket. 1t is said that the
main and leading object of such opposition
is to procure the dismissal of the lawsuit
Instituted by the Nashville and Chattanoo-
ga Railroad Company against myself Ste
venson and Cole. This charge pronounce
a falsehood; and l here say once for all,
that under no Circumstances would i agree
to have such suit disposed of by action of
the new board, should itbe elected. What
ever my rights may be, as determined at
the proper time, and in the proper tribunal,
will abide; and have no fear as to the
consequences; and will gentlemen who
nave been industrious in the circulation of
the above charge, do me the justice to put
their canvass upon higher grounds IN tn-
ture One word as to the absurdity of the
charge. Theabove suit was instituted against
us by a corporation, and not by the Presi-
dent of a corporation, and the President
has no more control over the lawsuit than
any individual director He has no more
power to interfere with the prosecution or
management of the case, than if he were
private individual having stock in the
road. Even stakeholder could prosecute
the suit without the aid or approval of the
President and Directors Then how absurd
is it to make the argument, that if Burns Is
defeated, the lawsuit will be dismissed.
Besides this, there is but one man con-
uected with the lawsuit whose name Is
mentioned in connection with any office
of the road-and whether he will be
elected even a director, is hereafter to
be determined; and the probabilities
of his being made President are still
more remote, as the directors will be I'M
trammeled in the selection OF President.
Then is there not a species of unfairness
and illiberality on the part OF the Burns
advocates, in their efforts to make the law
suit a hobby against all the gentlemen
opposing Mr.. Burns, when none Of them,
with one solitary exception, have any
thing to do with it, Would they be SO cor
rupt? Some of them were the origlnators
of the suit, and they certainly would not
stultify themselves by dismissing it, If they
had the power. Ifthere should be a new
board elected, it will in no way change the
status of the case. The same books, and
the same witnesses would still be evidence
in the law suit. Some of the principal
books relied upon are now in the custody
of the Clerk and Master of the Chancery
Court at Nashville, under an agreement OF
counsel that they are not 10 be Withdrawn
. ,,,,f,,oI oopaant of Dsrtipq and
are at all times to be accessible to them.
The office books, which are in the custody
of the railroad officers, should be ac'
cessible to the stockholders at all times,
and | think | may guarantee, if the new
board is elected, it will not require two
weeks correspondence with the President
to learn that the legal right to erGnine the
books ,cM be denied, as Mr.. Burns has done
with me; but on the first intimation of such
desire the books Of the new board will be
thrown open; if not, they too should be
turned out Of office.
In conclusion, | would remark, it would
be better for the interests Of the lawsuit to
have Mr.. Burns defeated, as it would give
him much more time to look after the case.
He would then only have the lawsuit,
the Northwestern railroad, and his
own interest to look after; and to add
to these tae Presidency of the Nash
vile and Chattanooga railroad, would be
sticking too many irons in the FIRE for
Mr.. Burns. Some of them would GER
tainly burn, but | have no idea that it
would be the Northwestern railroad.
The Courthouse has been selected as the
place to investigate the conduct of myself
and others. Will not gentlemen leave the
determination of the matters in dispute to
their chosen tribunals. They have pub
lished to the world their bill and argument
of counsel. have prepared an answer, in
connection with the other parties sued, to
which / have sworn, that sets forth fully
and in detail our connection with the man
agement of the rolling stock. We invite
any person who may feel an interest in the
matter to a careful perusal of said answer.
August lst, 1867. w. A. GLEAvEs.
P.S. The foregoing publication is made
to put at rest the probability, or even posi-
bility, that the lawsuit could be dismissed
by the election of a new Board.