Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-12-01


iustiiable or constitutional
Your committee are further of the opin-
ion that the bill under consideration, in
seeking to have conferred upon an Ohio
corporation, and through it, by legal effect,
upon the Legislature and courts of Ohio,
the exclusive control of portion of Ten
nessee, which control is called ''the right
of way, without any words negativing such
result, is in contraventiOn of section 3,
article III of the Constitution.
Again, it needs but little argument to
show that the bill in its entirety is in vio-
lation of section % of article of the Con-
sttution, which reads: ''Perpetuities and
monopolies are contrary to the genius of a
free people, and shall not be allowed"
Does not the bill seek perpetual right
of way through the State of Tennessee, so
far, at least, as it could be affected or re-
voked by any future act of its Legislature2
Your committee, in conclusion, do not
deem it necessary, even we're there no con-
stitutional objections in the way Of the
passage Of the bill, to argue the impolicy
of permitting an enormous foreign, close
corporation, managed exclusively by five
men Cor three being a majority, over
whose appointment or removal the citizens
of Tennessee could have no control, to be
vested with the extraordinary powers sought
to be conferred upon them by this bill. To
attempt to set forth the many and weighty
considerations of public policy that suggest
themselves readily and wildly to the mind,
would prolong this report to an unnecessary
and unreasonable extent Your committee
have been duly impressed with the magnifi-
cence of the scheme of a great g Cincin-
natl and Southern Railway" and are not
insensible to the importance of fostering
and sustaining the great highways of trade
and travel, affording, as they do, the means
of ready intercommunicatiOn between the
widely separated sections of our
common country" but they have
failed to find in the exclusive character
and purposes of this Cincinnati corpo-
ration much cause for hope that its in
huence and policy will be calculated to
promote that fraternity and community of
feeling which a community of interest
alone can beget On the contrary, looking
to the welfare of the people Of Tennessee,
whose peculiar interests it is the special
duty of this Legislature to represent and
protect, and giving attention to the warn
ings furnished in the experience of other
communities and States Ito say nothing of
Tennessee's own, in generously admitting
upon their soil the uncomfortable authority
of foreign corporation, they express the
hope that the Legislature of Tennessee,
now in the hour of the States adversely
and seeming dependence, will not, without
the gravest dehberation, undertake to
fasten upon the present and succeeding
generations perpetual embarrassment and
g 1 9,
easily avoided, but which, when it shall
have been entailed, viii be beyond remedy,
even in the day of returning prosperity to
Tennessee, which it is hoped is not far dis
tant in the future
For these and other reasons in addition
to those more fully set forth, the committee
are constrained to renew their reeommen-
dation Of the rejection of the bill. Re-
speetfuIy submitted.
On motion, 24O copies of the report and
24O copies of the bill to whichit refers, were
ordered to be printed.
NEW Bulls.
The Committee on the Penitentiary sub
mitted a report on the Penitentiary arbi-
tration case, accompanied by bill for the
benefit of Ward & Briggs, of which the fol-
lowing is a synopsis Section first author
ICES the Comptroller to issue TO Ward &
Briggs his warrant for the sum of 1892, 230.
Section second authorizes the Comptroller
to negotiate a loan for that amount, if the
same is not now in the Treasury, and to
hypothecate the six per cent bonds of the
State for security Section third provides
that upon receipt of said sum Ward 4
Briggs shall give their written transfer to
the State of all the property in the peniten-
tiary. Section I provides that other
matters in controversy shall be settled by
the Chancery Court Of Davidson county,
where the suit shall have precedence over
all other suits; either party may appeal to
the Supreme Court, where the cause shall
have precedence over all others: PrOUid6d
that the claim of Ward 4 Briggs, speci-
fed above, shall in no wise be further
questioned by the State Section di-
reefs the Attorney General to test, in
the Chancery Court, the validity JUS
tice and equality of the award of the
Board of Arbitration, and if necessary, an
appeal may be taken to the Supreme Court.
Section six provides that if it shall appear.
from any decree of the court, that the
State is indebted to Ward i Briggs, the
Comptroller shall issue his warrant for the
amount due, and for the further sum Of
$50, 03O, that being the balance due Ward
& Briggs, on account of inventory, after
the payment of the 1892, go provided in
sections one and two. Section seven pro
vides that if Ward Il Briggs are found in
debted to the State, the amount so adjudged
shall be deducted from the $50, $50. and the
balance shall be paid to Ward & Briggs.
The bill passed first reading and was re
ferred to the Judiciary Committee.
By MIR. Walker-A bill amending an act
to license billiards It reduces the license
on each billiard table to $50 for the first
two, and S25 for each of the remaining
Passed
BY Mr.. Owen-A bill to protect the in-
terests of persons dying interstate Passed.
By Mr. Slimp-A bill for the benefit of
John Ward Passed.
By Mr. Kenney-A bill to prohibit At
torneys General from sending bills Of in
dictment or presentment before grand
iuries without the real name of the pro-
secutor Passed.
By Mr. Scotia bill to change the line
between Campbell and Scott counties.
Passed.
NORTHERN BANK.
Senate bill rechaTtering the Northern
Dhlk OF CldThSNlll6 WIS jhhtu VI p
Mr. Steele offered an amendment that no
bank herein chartered shall be exempt from
taxation as provided by law. Adopted.
Mr.. McClary offered an amendment in
cooperating the Bank of Athens Adopted.
House bill incorporating the Merchants
and Mechanics Bank Of Columbia was
Withdrawn and adopted az an amendments
Mr.. Caldwell offered an amendment in
cooperating the Dresden Bank of Deposit
Adopted.
An additional amendment, incorporating
the Bank of Benton, was adopted.
The bill and amendments were then re
ferred to the Committee on Banks.
CHARTER OF MEMPHIS.
Bill to reduce the charter of Memphis
to one act.
Mr.. Steele offered an amendment, incor-
cooperating the town of Lewisburg
Adopted.
Mr. Kenny offered an amendment, that
the Mayor of the town of Fall Branch shall
have the jurisdiction of a Justice of the
Peace. Adopted.
Mr. Fleming offered an amendment,
which was adopted, providing that those
living outside the original city limits shall
not pay debts incurred before 1867.
House bill, incorporating the town of
Lynnville Station, was withdrawn and
adopted as an amendment
House bill, incorporating the town of
White Bluff. in Dickson county, was with
drawn and adopted as an amenement.
The bill, as amended, then passed its
third and last reading, and was immediate
" transmitted to the Senate.
HOUSE BILLS ON THIRD READING.
Bill creating the county of Powell, with
amendments, being the special order, was
taken up.
Amendments were adopted reOrganizing
the county Of Lewis; declaring certain
fractional portion of Hawkins and Sui
liyan COMMITTEES one wear after the estab-