The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-12-13

ment. the company was placed In fall possession
OF he road. and they proceeded at olce 70 repslr
the damages and put Il In running order. At this
tine ii was In pretty good condition as far as
Ponchatoua, AZ miles north of this city and from
that point 10 Brookhaven, distant 81 miles, most
of the bridges had been destroyed. and the road
had lot been used since the spring of 1868. In
the meanwhile the luxuriant vegetation OF that
section of the country, with its shade and mois.
tnre, rotted the pine timber used in its construc-
lion, and three fourths of the ties had 10 be
replaced IN order to render II sale for the transit
OF locomotives and cars.
From Brookhsven to Jackson, IS miles, the
road, although much dilapidated. was still being
used, with the exception of % miles Immediately
south Of Jackson; from this last point TO Canton,
% miles, although much out OF repair, having
been repeatedly torn up and seriously injured,
was still used.
The amount of rolling stock turned over at the
termination of the war was as follows: Three
LOGON olives. two Of them damaged and partly
burned; two second class passenger cars, one
first class passenger car, one baggage car, one
provision car, four box cars, two stock cars,
eleven fiat cars.
The amount of rolling stock turned over by the
military authorities Of New Orleans consist of:
One locomotive, one passenger car, four box
cars, ten fat cars, one baggage car, two cattle
cars.
OF all the depot buildings and platforms
attached, wood sheds, water stations and division
houses, which were in complete repair in 1862,
nolia and Summit, the remainder having all, from
time to time, been destroyed By the armed forces
in their vicinity. Compare this with the stock on
hand in 1861, and it will be seen how much the
company has suffered by the war Forty-fge
locomotives, seven of which have never been
attached 10 train; thirty.seven passenger cars,
eleven never having been used ten baggage and
express cars. five hundred and three freight and
hand care.
Under these disastrous circumstances, with not
a dollar IN the treasury, the directors proceeded
with commeDdabe energy TO put the road ia CON-
plete repair, and on the Both October, being four
months after they had received it, their trains COM
menced making regular daily trips over the whole
road.
To rebuild and repair seventy-eight bridges,
construct sixteen drains, measuring 3l00 lines
feet, place the road bed 1900 ties, build depots
and stations, purchase the necessary rolling stock,
TOOLS etc., with nothing but their individual credit
and the earnings of the road to depend upon, and
without increasing the debt of the corporation,
entities them to the highest degree of praise.
Having made these general remarks, we pro-
coed TO speak Of the principal losses which have
embarrassed the board and prevented them from
exter ding the road.
They expended on the road north of Canton the
sum of s6O7 1854 10. The grading and bridging
were complete and ready for the rails; these rails
had been purchased and were in New Orleans,
where some Of them were stolen and others
seized and appropriated to the use of the federal
government. The value of these rails was $780,,
$40.
At the end OF the war they found in their treas
ury Confederate money or obligations, which
were of course entirely yalueless, to the amount
of 1888 COZ So.
in consequence of the destruction of their
rolling stock they were compelled to expend
for locomotives and cars alone, to replace
them the sum of 1928. 264 Al. During the war they
had purchased 500 bales Of cotton, which were
destroyed by the Confederates when they were
driven out Of Canton. This cotton was of the
Ina f ha 10 mt q ffaaa
losses is 81, 404,4 Al 03-quite sufficient to embar
rass any company.
As the road north of Canton had been aban-
doL ed since 1862, at our request the board APP
pointed an engineer TO report its present con-
dtion and the estimated cost of putting IL in
order to receive rails. An excellent engineer,
Major Green, was selected, and his report is here
with fled, marked &C." From this it will be
seen that the sum of SOL 204 GA is all that is
oOired to restore the work to its original con.
clifton. II will also be seen that by the expenii-
tuIe Of $500 80 twenty-six miles Of the road
will be ready for rails.
INJUNCTION.
In regard to issuing injunctons we have not
deemed II necessary to refer to many authorities,
as the principles governing them are well set
tied. .....
In the case of Bonaparte VS.. Camden and AM
boy Railroad Company, the court says: " There
is no power, the exercise of which is more deli
cate, which requires greater caution elaboration
doubtful case, than the issuing an injunction. 1t
is the strong arm of equity that ought never to be
EXTENDED unless to cases OF great injury, where
courts of law cannot afford an adequate or COM
mensuTate remedy and damages. The right must
be clear the injury impending or threatened so
as to be averted only by the protective preventive
process of injunction, but will not be awarded in
doubtful cases, or new ores, not coming within
well established principles; for if it is used erro-
nee usy irreparabe injury is inflicted for which
there can be no redress, it being the act of a
court not of tbe party who prays for il. 1t will be
refused until the court is satisfied that the case be-
fore them is of a right about to be destroyed ire
parably injured or great aud lasting injury about
TO be done by an illegal act" (See Badwin's Re
ports, volume l, pages III and 2lS.)
Judge Story in discussing the subject Of special
DjuDctioDs and of the Jurisdiction of courts of
equity in these cases. used efollowing language:
" The exercise of tits attended with no small danger
both from its summary nature and its liability to
abuse. 1t ought therefore to be guarded with ex
IRENE caution and applied only in extreme cases,
otherwise, instead Of becoming an instrument to
promote the public as well as private welfare, II
uRy become means Of extensive, and perhaps,
irreparable injustice" (oee Story's Equity, vol.
ume 2, page 227
If ibe company are acting bona fde within
their authority there is no equity 10 interfere, al
though the court may think that the company is
rot exercising a wise discretion" (Adamss
Equity, page 2l1.)
''Norwii courts OF chancery interfere by injunc.
ton to prevent a threatened wrong, unless the
danger is imminent. and the injury irremedable
any other FORM" (lst Mclean, G. C. Reports,
337 1853.
Having laid down these general principles, we
now proceed to answer the several questions
involved in the order of the honorable court:
FiIsi-"ls the property in danger Of waste or
spoiistion 90 To this we have no hesitation in
responding in the negative. The general super.
ntendent, Mr. Williams, is pre- eminently qualified
for the position which he occupies aud the presi-
dent and directors are laboring earnestly Tor the
permanent success Of the work.
SecOnd-Have there been any illegal practices
on tie part of the officers of the company IL
will be seen 10 the preceding part of this report,
that the company ia 1854 purchased a large guam
tity of cotton. We consider it well settled 10 the
American courts, that corporate powers are never
TO be created by implication, nor extended by
construction. Corporations are not permitted TO
exercise other powers than those conferred by
their charters, or incident thereto. The powers
Of a railroad company, il is considered, were con-
ferTed for, and are limited to, the purposes for
which fl was established. and its funds must be
used for those purposes only. l StelfoTd's law OF
railways, lG6 margin Pierees American railroad
law. D. 39S.
This charter did not ia our opinion, confer
upon the company the power to buy and sell
cotton. During the progress Ct the war, 10 the
1911 ~. 4