Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-05-04

be tull satisfaction of all debts, demands
OF ilefs the State may have against said
railroad.
1t is therefore ordered. adiudged and
decreed by the Court, that the aforesaid
agreement be carried out and executed by
the Commissioners, and that said road be
sold upon the conditions and restrictions
agreed upon; and that the purchaser be
notified of the same at the time of the
sale.
j, Nathaniel Baxter, Jr., Clerk and
Master of the Chancery Court st Nash
vile, hereby certify that the foregoing is
full, true and perfect copy of the agree
ment and agreed decree, rendered by said
Court on the cause set out in the caption.
Witness my hand, this goth day of March,
1871. NATHANIEL BAXTER, Jr.,
Clerk and Master.
By T. w. WRENNB.
Mr.. Smith then stated the part he had
taken in the matter as attorney for the
company, and that their action was had
by advice of the President and every one
of the directors of said road and every
stakeholder he had by industry in the
He further stated that he would have
been able to reduce the minimum valus-
ton of the road to $3.50, 900, had not Mr..
Higgins, who happened to be in the city
of Nashville at the time, 90 to the
Comptroller, Mr.. Ed. Pennebaker, and
privately told him that he would give
for the road the sum of 1872. 900, all the
road cost the State at first. Here
Mr.. Higgins stated that Mr.. Smith
was mistaken, that he had
not said that TO Pennebaker. Mr.. Smith
responded that upon being informed by
Mr.. Pennebaker that a person had bid
that much for the road, he sought to know
the name of the party, but Mr.. Penne-
baker said he had promised not to divulge
his name, whereupon Mr.. Pennebakei's
deposition was taken, and he, Penneba.
ker, stated on oath that Higgins had bid
1872, 600 for the road: Mr.. Smith pro-
ceeded to make several other statements
of facts which showed Mr.. Higgins in
the light of trickster, trying to sacrifice
the interest of the stockholders in said
road to answer his own personal aggran-
dizement. Mr.. Smith further stated that
on his return from Nashville in company
with Mr.. Higgins, he asked Higgins if
he had offered 1872, 900 for the road, and
Higgins denied it. Then Smith told him
that they had taken Pennabaker's depOsi-
ton, and that he had sworn that he,
Higgins, had made the bid. Then Hug
gins, being cornered, acknowledged that
he did, and said it was one of his tricks.
Mr.. Higgins then took the floor and at
tempted to make an explanation, but his
confused and stamu ering manner evil
IDENTIFY showed that he had been cornered
in at least one of his disreputable
''tricks;" and such was the firm and last
ing impression made upon every fair
minded man who witnessed the scene
Col. Colysr being called for, proceeded
to make very able and lucid speech, sd-
yising the Company to accept the prOpo.
sition of the State by all means, showing
that the Company could, with $3.50, 00O
in good money, purchase enough State
bonds to pay off the State debt OF
$500, 900, and urged the stockholders to
accept the agreed decree without delay.
G. III. Smart then offered the follow.
ing resolution, tO-wit:
Resolved, That we, the stockholders Of
the McAIinRville and Manchester Railroad
Company, accept the compromise Offered
them by the State and the agreed decree
prepared IN the case which has been reaC
today, and we authorize the solicitor Of
the company to represent the company il
entering said decree.
Mr.. Burger offered the following reso.
luton in lieu, to wit:
Resolved By the Stockholders of the
McMiunville and Manchester Railroad
Company in convention assembled, thai
the decree il the case IF the State OF
Tennessee VS.. Edgefeld and Kentucky
Railroad and others, SO changed and mod
flied as to strike out that part that allow
any number of Stockholders thirty day
to purchase the road after the sixty day
allowed to the Company, the same vii
he satisfactory to them, and that tn,
Board of Directors take such steps a
shall be necessary to comply with tn
terms offered in said decree.
Which was discussed by Col. Savage
Col. Marbury, Mr.. Burger and Capt
Carnes.
Col. Matt Martin then offered the fol
lowing resolution, to-wit:
Resolved, That the State, in the opin
ion of this meeting, has no right to de
msnd sale of the McMinnville and Man
chester Railroad for the payment of tn,
bonds issued for the building of said roa,
until the maturity of said bonds; and tina
it is for the interest of the stakeholder
in said road and the people Of Warrel
and Coffee to resist the sale of the roaC
and to hold the State to her contract
Hon. w. P. Hickerson being presen
and loudly called for, came to the stauC
and made the most crushing and abb
argument it has been our pleasure to hea
for many days. He supported so clearly
and wildly with argument, law ant
reason, the resolution submitted by Mr.
Smart, that sl fsir-minded persons wert
ready to heartily endorse the action o.
Gen. Hill and the attorneys for the com
psny. Judge H. was listened to witt
more than ordinary interest by all.
After Judge Hickerson had concluded,
G. N. Smart moved call of the stock
holders preparatory to taking the VOTE
upon Mr.. Burgers resolution, whereupor
we regret to say, the chairman, Mr.. A
B. Robinson, declared the meeting ad
journed without calling the ayes and noe
and Higgins, Savage, Robinson, Carne
and others withdrew from the hall-al
together not representing, as is stated
more than $15, 900 stock, which they hat
purchased in the market at from to
cents on the dollar.
After this supplementary conduc
was over and quiet restored, the stock
holders to the amount of over $115, 90t
4 remained and called Col. John II. French
to the Chair and appointed W. ]. Cliff
Secretary, when the following proceed
ings were had:
The resolution offered by Mr.. Burge
WAS laid on the table.
The resolution offered by Col. Martin
was laid on the table.
The resolution offered by Mr.. SMART
was adopted by unanimous vote.
The following resolution was alsC
adopted:
Resolved, That Gen. Hill and F. NJ.
Smith take the names of all the stock
holders voting upon and in favor of the
foregoing resolution offered by Mr..
Smart, and make report or the stock
owned by them, which shall be inserted
in the minutes of this meeting, which i:
as follows, to-wit:
DC jackson, 1875; VIM Richards, 125
Thomas B Richards, IS; A NJ Rutlege
$50; VIM Bradshaw, 1000; ] S Moore,
1000; H F Smart, $500; W P Kicker
son, 500; Charles Colston, $3.50; b W
Carroll, 1,75O; J E Jackson, deceased, .
c Jackson, proxy, $50; Gen VIM Moore,
deceased, by G NJ Smart, 10000; Gee
Waite, deceased, by g W Richardson
$500; I L Rhodes, 1900; g W Richard
SOD, 80; T NJ Carroll, 80; J E Bashsw
by Hlckerson, 900; L D Hickerson, LOO
G W Richardson, 1000; W H Smart
1000; F NJ Smith, LOCO; F K Bell
1000; P H Coffee, 1000; j T
Thompson, 1000; Warren county
nv proxy. 60. 900: p Fl MsIbury