Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-02-10
THE UNION AND AMERICAN.
DELINQUENT RAILROADS.
SPEECH OF
mR. WHITE, OF HAWKINS,

NCECSN OAk tAAC A1OAhuS ElOeakAC0 Ak1Gnl
Mn. SPEAKEB: In the preparation of tn
bill offered by the gentleman from Kno
(Mr. Fleming) for the consideration and &C
ton of the House, and which / now pro
pose to discuss, care seems to have beef
taken to keep constantly in view the prom
inent and leading features of the act of Feb
II, 1852, known as the General Interna
Improvement Law Of the State; that is, t.
secure an honest and faithful administra
ton of The law, to secure the money o.
bonds of the State loaned TO the railroads
and more perfectly, if possible, protect the
rights and interest of the State. Hence
while the bill modifies to some extent the
original Internal Improvement Law of the
State, it does not essentially affect theprin.
ciples and general policy of the law.
l do not, sir, impeach the wisdom OF
those who inaugurated the internal i'm
provement policy of Tennessee, but rather
accord them great measure Of wisdom and
patriotism. This system has accomplished
more for the growth, Development, mate
=. rial prosperity and glory Of our State, than
rsGu other legislation before and since. It
placed Tennessee in the front rank of the
States; duplicated her population and
qulntrupled her prosperity and wealth.
The State is chequered by railroads, and
all parts of it brought in close proximity to
its capital, and the great business centres
in the East, Middle and Western parts Of
the State. Tennessee has now nearly,
or quite 1,400 miles of rail-
roads. To these roads the State has
loaned her bonds, funded the interest due
upon the bonds, and incurred other obi
cations on account of railroads to the
amount of over $50, 900, 900.
This railroad question, sir-this great
interest Of the State, inyokes the wisdom
and patriotism Of every member of this
House-involving as it does the honor of
Tennessee, her pighted faith to the bond
holders and taxpayers.
Although the internal Improvement sys-
TEN Of our State was inaugurated eighteen
years ago, with generous and liberal public
spirit, the entire law and all legislation on
the subject was characterized by the fixed
and determined purpose of the Legis-
lature to protect the rights and interest Of
the State to prevent fraud by the Railroad
Companies or their officers; and to watch,
guard and protect the interest, credit and
honor Of the State. Hence, you will find
upon examination of the law, every guard
L
the State to prevent the bonds of the State
from being improperly drawn out, and to
secure their honest and faithful application
TO the purposes forwhich they were granted.
Certain progress had to be made in the
works; definite amount of grading to be
done; the officers of the railroads were re-
CURED to take stringent oaths; the pains
and penalties Of perjury were imposed
for their violation; reports were required
to be made semi-annually and annually to
the Commissioner Of Roads-settIng forth
the condition and progress of the road,
together with the receipts and expendi-
lures; on failure of the company and their
officers to comply with the contracts to pay
interest on the bonds received, the road
and entire property Of the company we're
to pass into the possession and control of
the State and finally the roads were to be
sold; and to secure the State and protect
her interest, her credit and honor, the right
was reserved by the 10Th section of the act
of 1852 to the Legislature to pass any and
all laws deemed necessary for that pUr-
pose.
The generosity OF the State, Mr. Speaker,
in extending aid to railroads, is not more
prominent in the internal improvement
law than the studious care and determined
policy of the State to protect her rights
and interest, and to take control and man
agement of the railroads for this purpose.
Although the trainers Of the law had not
the abuse and violation Of the
law which has marked its operation for the
past ten years, and the necessity for the Of
icer to be created and appointed underline
provisions of the billnow before the House,
they very wisely provided fo- a Commits
sioner of Railroads with similar powers and |
duties. The author Of the bill, has. in my
improved upon that portion Of
the law. as you viii doubtless conclude up
on comparison of the bill now under dis
cussion, with the original act.
But, Mr. Speaker, had the law been
with had it not been abused;
had it been closely adhered to; had the
fundamental principles lying at the bottom
Of it, that is, safety and security Of the
bonds Of the State loaned to the roads the
protection Of the rights and interest and
credit of the State been observed by all
with its administratiOn-the
whole system would have redounded to
the glory, honor, and enduring prosperity
Of the State, and Tennessee would to-day
rank throughout the world with the fore
most States of the Union. The unwisdOm
of the State has been manifested in the
execution of the law, or, rather, in the
failure to execute it.
Now, sir. the bill does not propose to
change the principle on which the law Of
1852 is based. It proposes simply a new
mode to secure the carrying out the
principles and policy of the law, and repair
as much as possible the injury and loss sus-
tanned by the State, by the noncompliance
with and abuse Of the law.
: The bill proposes what l believe viii
prove a far more efficient mode Of attain
ing what was intended to be secured by a
receiver.
The first section provides the appoint.
ment. by and with the consent Of the Sen
ate. ofone Commissioner of Railroads, who,
in conjunction with the Governor, Comp
troller and Secretary Of State, &C 0gJc50,
shall constitute Board of Commissioners
Of Railroads, who shall have charge and
custody Of all delinquent railroads IN the
State This Board, composed Of one men,
Der elected directly by the people, two
members elected by the Legislature and
one to be nominated and appointed by and
with the consent Of the Senate-with the
powers and duties imposed and conferred
10y the bill, ought, and doubtless will, Sc
cure to the State faithful, honest and sen
sible compliance with the law, and indu-
bitably protect the interests and rights Of
the State
While the active duties are devolved on
the Commissioner Of Railroads, and he is
made to keep the books, take possession Of
the roads, property, etc, all must be done
with the consent and approval Of the Board.
A majority of the Board are essential to all
action, except for clerical and Uuimport-
ant executive duties.
The modification Of the law proposed
only carries into execution more efficiently
what was intended TO be done 10y the law
of lSj2-that is, to secure an honest ad-
ministration of the railroads and protect
the interest and rights of the State.
The second section fixes the Office Of
Railroad Commissioner in the Capitol build
ing. and defines his duty. SO important an
Office should he kept at the Capitol. where
all citizens and officers of railroads Of the
State can inspect the books and ascertain
the condition Of the railroads; and further
provides that be shall furnish quarterly
statements to the officers Of delinquent
railroad companies Of the receipts and eN-
penSeS OF lAelF respective loiNS' Ing VI
fee viii be near the other officers who a
Oflci0 constitute part of the road. These
officers, especially the Comptroller and
Secretary Of State, are directly and init
mately connected with and interested in
the financial affairs of the State, and are
required by law to reside at the Capitol
and can always be present to discharge
the duties imposed upon them by the law.
The duties of the Commissioner Of Rail
l. - !. ~ Inc