Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-12-16
Mr., Horpberger then concluded hi.

speech In opposition TO the Dill.
Mr.. Caldwell argued that the effect of
the passage of the bill upon existing rail-
roads in the State should meet with little
favor as an objection to it. Few rail
roads in Tennessee would have been
built if such considerations had controlled
former Legislatures. But the constitu-
tionality of the bill-urged with such ear
nestness by its pponents-deserved
consideration. He argued that the
State, in the exercise of the
| ri BIT of imminent domain, could
| give the right of way even to individuals,
where the same is demanded for the pub
lie good, providing always for compensa-
ton to the owners of the fee, and read
authorities in support of such position.
| He thought the bill ought TO be amended
| BY limiting the duration of the franchise
granted, and by providing a remedy fol
failure on the part OF the trustees to
comply with the requirements of the bill.
| He offered the following as an amend
ment to Mr.. Whites amendment.
That the rights, privileges and immuni-
| ties granted by this act shall continue for
and during the period of ninety mine years
and not longer, and shall during that time
| be subject TO be declared forfeited by any
court of competent jurisdiction, upon bill
| filed on the relation of any citizen of Ten
nessee on behalf of the State, for any
| failure on the part of said trustees, their
successors or assignees to comply with the
terms. stipulations aud obligations i'm
posed herein for the benefit and security of
| the State or the people thereof.
The question was on the adoption of
| Mr.. Whites amendment offered yester
day, providing that the State shall have
| the same control i'll this road that it has
in other roads in the State.
Mr.. White accepted the amendment of
Mr.. Caldwell, and the amendment as
amended was adopted.
Mr.. Steele offered an amendment
| That right of action for the redress of
any injury caused by, or for any claim OF
| demand against said trustees or railway
shall exist in this State in any court or
| judicial tribunal having jurisdiction
thereof, against said trustees or railway,
| and process may be served upon
any depot agent of such trustees
OF railway residing in this State,
in the absence of the President Or
| head officer of said trustees or rail-
way; and the Judgment rendered against
the trustees of said Cincinnati railway,
and the property, real or personal, belong
| ing to such trustees or railway, within
| this State, shall be enforced and be liable
| for the satisfaction of said judgment, the
existence of any mortgage on said railway
and appendages to the contrary nOtwith
standing, and before entering on any lands
of this State, said trustees shall accept the
| provisions of this act.
Mr.. James, of Hamilton, moved 10 lay
the amendment on the table, on the
ground that similar provision was al
| ready in the bill Hostages, %; noes,
A.
The amendment was then adopted.
Mr.. James moved the previous question
| on the passage of the bill as amended,
which was sustained, and the bill passed
its third and last reading-aycs, IS; noes,
81.
TIE SPECIAL ORDER.
House bill to relieve the State Treasury,
being the special order, was taken up.
Mr.. Speaker Perkins offcre bill in
lieu.
Section one provides that the State tax
shall be eighty cents on every hundred
| dollars of taxable property. Section two
| provides that the taxes so assessed, If paid
in United States legal tender notes or Ma
| tional Bank notes, may be discharged by
paying one-half, or forty cents on the
hundred dollars of taxable proper
ty. Section three provides for funding
l 81. Il 8 10 &c
Section four provides for the issuance of
| bonds of the State, with coupons attached,
having twenty years to run, payable at
| such place in the city of New York as
may be designated, bearing interest at
the rate of six per cent. per annum, said
| bonds to be of the denomination of
| 81, 600, $500 and 5000, TO an amount suf-
| tiCicnt to fund the old issues of the
| bank notes of the Bank Of Tennessee, said
bonds to be used for that purpose and
none other. Section pledges the tax on
privileges for the payment of the interest
on said bonds. Section provides for
the CanCelling Of Tennessee Bank notes as
fast as redeemed. Section provides for
funding the principal and interest of the
funded debt of the State, now due, or
| Nultu may ldlA hNlt VI VI DtiblN tllt Ilot
day Of January, 1872. Section S provides
for the issuance of bonds to an amount
sufficient to fund the principal and inter
est of the bonded debt of the State now
due, or which may become due before the
firstOf Janurry, 1872.
| The bill in lieu was adopted.
| Mr. Speaker Perkins, in a speech of
some length, advocated the passage of the
bill, claiming that the adoption of some
such plan by the Legislature was absO-
lutcly necessary to meet the financial
emergencies of the State.
Mr.. Chcaiham was opposed to the bill,
contending that it practically evaded the
decision of the, Supreme Court in refer
cncc TO the Bank Of Tennessee, and de
prcciatcd The notes OF that bank fifty per
| cent.
The bill passed second reading, and was
referred to the Committee on Ways and
Means, and 100 copies ordered printed.
Mr. Cheatham's bill on the same subject
was called up and passed second reading,
and was referred to the same committee.
Senate bill regulating taxation was called
up and passed second reading, and was re-
ferred 10 the same committee
THE PENIIEAIlAF1 LESSEES.
House bill authorizing the Comptroller
TO issue q warrant to Ward & Briggs,
lessees of the Pcnitentiary, for 1882, 600,
and providing for the settlement of the
balance Of the claim in the courts, was
called up.
Mr.. Thomas offered an amendment
providing that if there is no money in
the treasury 10 pay the warrant, the
Comptroller shall hypothecate six per
) cent bonds to the amount called for.
+ Adopted
The bill as amended passed third read,
ing-aycs, "a; noes, 9.
The CONSTITUTIONAL CONVENTION
} Senate amendment to House resolution
; in reference to procuring a suitable hal
] for the Constitutional Convention, was
! taken up and conCurred in.
BUSINESS CALLED Ut.
! House bill exempting certain railroads
r from paying to the State debts heretofore
= paid the Bank of Tennessee was calico
up. After some little discussion, the bill
5 | was referred to the Committee on Ways
! | and Means.
! House bill for the relief Of Carter NJ
e Bayless was called up and passed thirC
1 reading.
House bill to amend the lien law wa
} called up and passed third reading.
On motion of Mr. Thomas, the sCvera
bills in reference to leasing the Pcnitcn
tiary, were made the special order for TO
morrow at 10 o'clock.
House bill fixing the license of retail
liquor dealers was taken up. 1t provide
= for the reduction of the present tax.
Mcssrs. Walker and Cheatham advO
Gated the passage of the bill, while Messrs