Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-06-23
TENNESSEE LEGISLATURES.
SENATE.

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=. sNAsHYILLR, June 22.-The Senate met
at 10 O'Clock, Speaker Thomas presiding.
50 AsE - PETITIONS. - ss.ol1s M
Mr.. Pearson presented petitions from
citizens of Hamilton county for and
against the proposed removal of the
county site from the town Of Harrison to
Chattanooga. Received and referred.
The Judiciary Committee reported adj
versely to the petition OF Hon. j. O.
Shaclleford IN reference to the pablication
of the land laws, and recommended the
transmission of the petition to the House.
The petition was accordingly transmitted.
MMINNvILLB AND MANCHESTER RAILROAD.
Mr.. Clementson, Chairman of the Joint
Select Committee on Railroad Investiga-
ton, submitted aleugthy report relating
to the management and control of the
State aid granted the McMinnyille and
Manchester railroad. The report shows
bonds amountingto $764, 900 issued to said
road up to July l, 1859. On the 4th Of
April 1855, there were issued to p. III.
Marbry, President of said road, $40 bonds,
and on the 18th Of June, 1865, the State
issued to Mr. Marbry 81 bonds, making
the aggregate sum of $400, 900 in bonds
issued to said road since March,
1865. From testimony, The COM
mittee find thst p. H.. AIarbry had been
President OF the company almost
from the time of its organization, up to
about the 1st Of September, 1857, at
which time he was superseded by the APP
pointment of Charles Ii. Irwin as Re-
ceiver. During Mr. Marbry's term it
appears that he received in cash $27, 1874,
and claims to have discussed that amount
and claims to have discussed the same on
account of incidental expenses. The
most of said receipts arose from the sale
of thirty bonds, and the committee ex-
presses the opinion that the President did
not have sufficient authority for making
the disbursements in the form and man
ner stated. The statement of the Presi-
dent shows eleven bonds received from
the Winchester and Alabama Railroad for
an engine, and the disbursements show
375 bonds paid for iron rails, equipments,
construction, etc.; thirty bonds sold for
currency, and six bonds paid over to Re-
ceiyer Irwin, who continued to act as re-
ceiver from September, 1867, to July
1868, when he was superseded by the ap-
pOintment Of D. E. Davenport as Re
celyer, who continued to act in that ca I
pacity until Nov. l, 1869. On the 18th
of January, 1869, Receiver Davenport
leased the road to Higgins 6 Price for
$15, 900 per annum. The receipts of the
last Receiver are stated to be $50, 4S2,
and disbursements $23, 1913, leaving a
balance due from said Receiver of 81, $685.
The lessees claim to have paid the full
amount due upon said lease up to Jan.
25, 1870, but there is no proof to show
the payment of one quarter of said
lease amounting to So, 750, and the com
mittee think that sum still due. It ap-
pears the lease was made without sufi-
cient authority of law. The proof
shows that the road and rolling
stock are kept in good condition by the
lessees, and that the road is being run to
the satisfaction of the community living
contiguous thereto, and that its net earn
ings are between $50, 900 and $4,000,
and that the company has instituted suit
against the lessees TO cancel the lease and
regain possession Of its property. In
view of all the facts shown, the commit
tee recommend suit to be brought against
P. ii. Marbry for misappropriation of
bonds, and against the lessees for the
amount due, and express the opinion that
the interests of the State demand that the
lease of the road should be forthwith can
celed They also recommend that SUIT be
brought against D. L. Davenport aud his
securities for the amount due from said
Davenport to the State They find q
claim for $169,250 against the
Federal Government, for iron rails
and other materials taken from
this road for military purposes during the
late war, which account has been made
odt and filed in the Quartermaster Gen.
erals Office at Washington, and state that
they believe this just and valid claim
against the Government of the United
States. 49,
On motion of Mr.. Cooper, of
500 copies of the report were
printed, and the subject matter of
the report recommitted to the committee
with instruction to prepare such a bill in
reference thereto as they may think best
calculated to secure the interests of the
State.
TO MAKE PRIVATE CAPITAL PROFITABLE.
Mr.. Cubbins introduced bill to en-
courage the use of private capital, which
passed its first reading and was referred
to the Judiciary Committee.
HOUSE RESOLUTIONS.
House resolution directing the pay
ment of bills due for printing journals of
the late Constitutional Convention was
and concurred in.
House resolution directing the Comp
troller of the Treasury to settle with the
Memphis and Charleston Railroad Com
pany was rejected.
HOUSE BILLS on SECOND READING.
To establish State immigration officer.
Rejected. To provide for the payment
of wages due aborcrs on the Nashville
and Northwestern Railroad. Passed.
Authorizing the Comptroller to employ
clerk. Passed. To fix the time for
holding the Circuit Courts. Passed
HOUSE BILLS on THIRD BEADING.
To provide for the redemption of land
sold for taxes; rejected. To tax fast
freight lines; rejected. To establish the
Probate Court of Shelby county, passed.
HOUSE BILLS on THIRD READING.
Directing the Inspectors of the Peni-
Tertiary to improve the capitol grounds;
passed. To change the line between the
counties of Grundy and Coffee; passed.
INSANITY DIVORCE BILL.
The consideration OF Senate hill to
make permanent insanity sufficient cause
for divorce from the bonds of matrimony
came on its third reading as the special
order, when Mr.. PeytOn proceeded to
speak in opposition to the bill. After
distinctly stating his objections to the
measure, and reading from various su-
thorities to sustain his position, Mr.. Pey-
ton made an earnest appeal to the Senate
in favor of It's rejection. AZ the conclu-
sion of Mr.. Peyton's speech, on motion
of Mr.. Etheridgc the further considera-
ton Of the bill was postponed until Tues
day next.
MOTION TO RECONSIDER.
Mr.. Cooper, of bedford, moved to re-
consider the vote rejecting the bill to pro-
vide for the redemption of bonds sold on
account of unpaid taxes. The motion
prevailed and the bill was recommitted to
the Judiciary Committee.
LEAVE OF ABSENCE.
On motion of Mr.. Etherldge, indefinite
loo no Of ahcuDoa Iuee c,rapia1 NJ uan