Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-07-11

made, from whatever quarter, to touch the
stock Of the Louisville and Nashville Rail
road, and has watched the deliberations
of this Court, and the finances of the
county, with as much interest as if he had
been one of its members He tells us we
have the right TO make this appropriation,
and ought to do it; that the investment
will pay us twenty per cent. In short
time, instead of six per cent. that we
have heretofore been getting from the
Louisville Ra lroad. He was present in
committee with Judge East and Judge
Demoss when the resolutions were pre-
pared, and every question Of doubt was
discussed. r
If had had any doubt as to the legal
authority of this Court to make this ap-
preparation to save our stock IN the Edge
field and Kentucky Railroad, il would have
been dispelled after the able argument of
Judge East, who, in my Judgment exhausted
the subject and left no grounds for. contro-
versy. His argument has not been an
swered, and cannot be answered. Why do
rely more upon the opinion of Judge
East? some one may ask. will tell you,
for have, in compliance with my sense of
duty to enable me to act intelligenuy upon
these questions, watched the action of the
Legislature as well as the courts in relation
to our railroad interests.
The Legislature of 1S69-70, passed
law referring our Railroad complications
to the Board of Commissioners, composed
of the Governor, Comptroller, Secretary Of
State, and Francis B. Fogg, Judge Nc,
Kinney. and Hon Archibald Wright-three
of the most distinguished jurists in the
State. After examining the questions and
the large interest involved, they found
there we're legal obstacles involved and
made a report to the Legislature and re-
commended bill, both of which were
adopted and passed, which hold in my
hand, and what do they recommend?
Who did these Commissioners select
to settle these complicate legal questions?
E. b. East. He has settled all questions
of Law and matters Of controversy between
the State and twelve railroads, to the en-
tire satisfaction of all parties concerned,
where an interest to the amount OF
nearly twenty millions of dollars was
involved. Now he, feeling an interest
in the welfare and prosperity ofthe county,
being himself a tax payer, accepted the
invitation of this court, and left his seat
on the bench to come before us. What
sort of an argument did he make. He
read every phase of law relating to
the subject, and explained it fully.
You all know that Judge East is not in the
habit of participating in controversies be-
fore the public, and as member OF this
court thank him for his timely counsel.
We also had the gifted eloluence of Gen.
Nancy. and the clear and cogent reason
ing of Demoss end Thompson. Col. Ed
Baxter, at the called session in June, gave
similar views, and was sustained in his
opinions, SIS he stated, by Judge w. +.
Cooper and Hon. Edwin Ewing.
As for myself say frankly that have
not heard one single man who, l believe
understands the subject, express but one
sentiment, and that was, that the County
court ought to vote the appropriation
As for myself know I will be sustained
by the taxpayers of the county in my &C.
ton, and say frankly that with my views
of the necessity and great interest involv-
ed. II l believed my constituents expected
me to do otherwise, aud to vote as Squire
MaxeY proposes to vote, l would resign be-
fore l would do it.
Squire Ewing said he was satisfied from
the lights before him that the County
| Court had right to take stock in the new
road now. He also favored the propriety
| OF taking stock in the Edgefeld road.
Squire Bigley addressed the court, and
! among other things said that Gen. Nancy
had made one of the bast speeches on the
other side. He also referred to other ar
guments presented, and said that as a
Magistrate representing the people, he felt
compelled to utter his protest. he then
| gave his opinion of the law in the case,
and said in conclusion that he was not
willing to tax the people without submit
| ting this question to them.
Judge Demoss then said, by request ofsome
members of the court, that it had been sug-
| gesfei by certain parties that some laws suits
might arise if the County Court took stock
| in the Edeefeld road He would simply say
| to thecourt that if any such litigation should
arise. in consequence of any action OF the
| court. he was willing to defend the county
| in any and eli cour Of the State, free OF
charge. (Applause.)
| SQUIRE Maxey said that for two or three
| DAYS past dust and ashes had been thrown
| in the eyes of the court by the other side.
The Devil himself, with our first parents,
| broached the doctrine of necessity when
he wanted to beguile them. So it was
with these gentlemen who urged the doc
4
| been the doctrine Of tyrants and opprss-
| sors, and q doctrine near of kin to 1t was
| the doctrine Of expediency. lie then re-
| ferred to some of the arguments that had
| been made. He said further that he thought
there was ample time to submit this mat
| ter to the people. The decree was made
on the 23d of May, and The time expired
on the 23d Of July. Thirty additional
/ days were given to the stockholders, and
1 within that time the question could be SUB
mitted to the people. Squire Maxey then
reviewed at length some of the various al
garments that had been presented to the
court. He thought that those who voted
to take stock were assuming responsible,
ity for which they would be sorry IN after
life. In conclusion, Squire Msxey said
he had an apology to make IN regard to
what had taken place between him
| and Squire Davidson. He had been told
that Squire Davidson was informed that
the caucus was a public meeting OF cltl-
zsns, and therefore he was justified In en-
deavoriHg to come in.
Squire Maxey then said that he would
take back what he had said about Squire
Davidson's being a spy.
Squire Ewing said he thought Squire
| MaXey was very uHklnu, duu tOoA uPOH
himself very great responsibility when
he attempted to become the keeper OF the
conscience of this Court. He Ewing was
not afraid that the people of the 2lst dis
trict would not sanction his vote in the
case.
Squire Paul said he did not think there
was time to submit the proposition to the
people. If the people Of Davidson coun.
ty had made mortgage of property, anc
it was about to be foreclosed, and propo:
sition was made by which the property
could be saved, the County Court would
have the power to secure their property,
and it world be their duty to do it. Here
in this Court, after all that had been said
by lawyers and others, he thought tht
court was prepared to vote, and he thought
| the Court would violate its duty if it die
| not take measures to secure its stock II
4 the Edeefield road.
Squire Neylan seid that he thought
Squire Maxey insulted the legal gentle
men who were sent here by the citizens o.
Nashville when he said that they had beer
throwing dus! and ashes in the eyes of tn,
court.
The question was farther discussed b,
members Of the court.
Squire Baskette moved to lay 'Sq1iTt
Maxey's resolution on the table, SPUR