Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-03-03


counsel employed by Judge Turner K
represent the county's interest in railroads.
were present, also MIR. O0nneIl. President
Of the Edgefeld and Kentucky Railroad.
Gen. Bate remarked that when he read
the morning papers he thought there was
some doubt in the minds Of the Commits
sioners whether he and Mr.. Williams were
still employed as railroad counsel. He an !
his colleague were perfectly willing to do
anything they could to advance the railroad
interests of the county, and would be glad
to have any assistance that the
Commissioners or the court might
give them He also desired to
| say to the Commissioners that
they need not have any embarrassment
whatever. There were now only two dsys
| In which to prepare an answer to the bill
| already fled in the Ohancery Court BY the
counsel for the State for the sale Of the
States interest in railroads, and no one
lawyer could perform all the laborrequired
to prepare the answer to the bill before
Monday next. He would suggest to the
Commissioners that whatever action they
saw At to take should be taken at once.
The State had bill not only to sell the
rolling stock of railroads, but all the
SedtC . AulCACotJ dLt W hDoOEO tut STOCK Oh
Davidson county under a mortgage. 1t
was too great a matter to admit Of delay.
Squire Meacham-That is Just what we
want. thought Judge Turner had en-
ployed you and Mr.. Williams as counsel.
Gen. Bate-H we are retained In the
case, we would like to have associate coun-
sci. r.
Squire Gleayes-I don't know that the
Commissioners have any objection to you,
but we felt that we had a right to give you
any assistance you ought to have. ~
Mr.. Oonnell, President of the Edgefeld
and Kentucky Railroad, said Stark and
Judd had been the counsel for that road
ever since it was put in operation. Some
two months ago this action was taken by the
Legislature, and the Board of Directors of
the Edgefeld and Kentucky Railroad deci-
ded to resist the sale, but did not deter
mine at that time whether they would en-
ploy additional counsel or not. He had
conferred with Judge Turner, who told him
the County Co1rt had ordered him (the
judge to employ counsel. Two weeks
ago the question came up again in the
meeting Of Edgsfeld and Kentucky Board
of Directors, and they ordered him (Mr
ConnelD to employ additional counsel
Thsre was also another question that
placed him Mr.. @. In rather q delicate
position. Some lawyers had sprung the
question whether the speaker, occupying,
IS he did, the position both of President
and State receiver, could employ counsel
to resist the State.
Squire Meacham-I would like to ask
yOu-a question. believe you are acting
under the acts Of-1S66-7 as receiver.
Mr.. Connell-NO, sir, the last act that
was passed was sometime in October, q
year ago.
Squire Meachsm-Are you paying the
nett earnings of the road, after paying all
he actual expenses Of the road, into the
State Treasury, and thereby reducing the
lebt, or to preferred creditors?
Mr.. Connell-To preferred creditors. |
ave to turn it over to Nick Hobson and
,thers.
Squire Meacham-That is one of the
Joints that we are specially going to fight,
tell you, right now.
Mr.. Oonnell-You asked me a question
nd have answered it. But the question
rises, have the power to pay counsel7
Gen. Bate-That is question for you to
Iecide yourself
Mr. Connell-The Comptroller gives it
s his opinion that we have not the right
o employ counsel
Gen. Bate can tell you that this is
cry big suit, and all the counsel you can
brow in to help US will be very acceptable.
Mr.. Cornell then remarked that Mr..
udd had been connected with this thing
1r sometime, and was better acquainted
nth it than almost any one else, for he
ad been looking up all the authorities,
nd any counsel the commissioners saw fit
D employ would, possibly, do well to have
consultation with HIM --.--
Gen. Bate said he had .conyersed with
Ir. Judd.
Judge Turner stated that he had seen
be President of the Northwestern road,
rho stated to him that that road was leased
o the Chattanooga road The President
( the Chattanooga road had gone to
ieorgia, but he (the judge saw Mr.. Nc
larry, who told him he would write to
1r. Gardner, the State Agent, and he ex-
eoted that Mr.. Gardner would put in an
nswer at court for him He said hs had
% money himself to pay counsel, and no
ody got any salary but Mr.. Gardner, and
0 ne didn't feel disposed to employ coun-
Ell.
Squire Meacham-We that is a very
Ime argument.
Judge Turner-I don't know anything
bout the effect of the argument; that Is
hat he said. - .-.. ...
Squire Gleaves-I propose that Mr.. Ed.
axter and Mr.. Demoss be employed as
lditional counsel.
Gen. Bate said that any one would be
Ireeable, and that the Commissioners
,uld not get too much assistance.
On motion, Messrs. Demoss and Baxter
ere unanimously chosen as additional
,unsel, and also to assist any other coun-
l that might be employed in behalf Of
70 county.
Judge Turner-I saw Mr.. Nancy, and he
Id me he had written his report, and
at it was in the hands of the printer and
0uld be out next Monday morning in
implicit form. 1t was very voluminou5.
Squire Meacham-I also understood to-
Y that it was not in the hands of the
inter, but that they had book-keeper
it up and preparing it for
g printer. There is a clash of state
snts somewhere. And think that Mr..
,Nairy takes a very strange view Of his
ty, as President OF the Northwestern
,ad
OAcdNO6-L k4LAAh ~ W.
Squire Meacham-The interests of the
'ckholders ought to be protected in a
se as well as in anything else. How do
know whether We are getting our pro
"a of rates on that road or not2 We
MT know what they are doing or what
~ are paying. L think it is very proper
1t the stockholders should see something
out this and know whether their in
tests are properly protected
Judge Turner-I suppose we shall have
look after this ourselves.
Squire Meachsm-We ought to look af-
? it ourselves or have some one else look
er it. If we let the State and the Chat
1ooga road manage it we might as well
I look after it at all. 1 have always
Ind that these public managers do not
Y much attention to private interests
. own $500, 900 in that little road and
ought to look after it.