Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-03-18
TEB CITY.
THE RAILROADS IN CHANCERY.
Yesterdays Proceedings.
Plea in Abatement Argued.
Davidson COunty's Interests.
Further Litigation Postponed for
Two Weeks.
County's Interests.

The argument on the plea in abatement
fled by the Memphis, GAINESVILLE and Lou
isville railroad, was resumed yesterday
morning by Gen. W. A Quarles, of Clarks-
vile, for the road.
We have space only to give brief
SYNOPSIS of the points presented. Cen
Quarles said, that, by reference to section
745 of Story's Equity pleading. it would
be seen that the defendant would have
right to this plea, even though it had no
interest which it would call upon this court
to protect The bill designated parties by
classes, without designating any individual
of class. As well might the bill filed on
the part Of the State have been brought
against the Market-house in Nashville, as
to have been brought in this way. 1t
was stated in the bill, and also in the
plea, that there were five distinct
classes of creditors of the Memphis, Clarks-
vile and Louisville Railroad, namely, the
corporation, the stockholders, the holders
of State bonds, the holders Of second
mortgage bonds, the due bill creditors and
then the general creditors of the road
Who would like to purchase piece OF
property encountered with so many legal
questions and involving SO much litigation!
In the course of his remarks, Gen. Quarles
stated that it appeared as though this lltl-
CATION on the part CT the State and the
counsel for the State was entered upon as
a kind Of experiment, and that, therefore,
new roads were to be marked ont In chsn-
Gerry practice. The old beaten ruts were
to be forsaken and new paths were to be
blazed through the woods. The speaker
in referring to the word perhaps which &C.
CURED in the bill made some humorous
remarks in endeaVoring to account for the
use of that word. He stated that he had
consulted dictionaries and had conversed
with friends who were versed IN
pathological lore, but they could
not give him any Eight
until finally be had consulted with his
friend Col. House, and then the idea
broke upon his mind that it might refer to
certain game played in Arkansas, COM
monty called perhaps. But even there,
the word perhaps had no definite meaning,
because even in that game there was
doubt, because perhaps, by chance, posi-
bly,, peradventure, certain thing might
occur, or it might not occur. Lsughte
The General said he was aware that he
was going over a great deal Of ground, but
this was one of the most impOrta t law
suits that he had ever seen; certainly
the most important ever brought IN len
nessee. A very large amount OF capita!
was involved in this suit, but more than
this. the interests of the State were con-
cerned, her people, her interests, and her
prosperity. With the Edgefeld and Ken
lucky Railroad, the Memphis, GAINESVILLE
and Louisville Railroad, the Nashville and
Northwestern Railroad in the hands OF
Tennesseeans. or at least under the con-
troll of parties who would not run
them in opposition to the interests
of this State, Gordon OF roads would oe
formed about Nashville, and Clarksv1lle,
and Springfield, that would protect from
the grasping power and greedy avarlce OF
Eastern capitalists, who were throwing
out their money, to withdraw, by the
power of suction, the trade OF the State OF
Tennessee Fl ON Its borders. The Pacific
Central. that immense mammoth monopo-
ly. had already extended its arms down to
the State Line, at Guthrie, or was about
to extend them there; and the Louisville
road, another gigantic corporation OF I'm,
mense power, was ready to selze hoId OF
roads in any way 1t could: IL would De
far better for the State to g10e the ROADS IN
the State to the original stockholders IMAM
to allow them to go into the hands OF par
ties who would be inimical to the interests
Of the State of Tennessee, even II the pur-
chasing roads were ready, at once, to pay
to the State the entire amount OF the rail-
roads indebtedness to the State.
The State, in granting aid to the
roads, lad treated them In ira
ternal spirit, and now the coun-
eel for the State should prosecute
tbis Iitipation in the same fraternal spirit.
The State, by her own action, in going
into the war, had Indirectly caused this
verv state of impoverishment which coun-
sci of the State had referred to In their
hill Almost the first train OF cars that
nasse1 over the Memphis, GAINESVILLE and
I,ouisville Railroad was stopped by the
cannon of two contending belGgerents,
and that road and 9TH roads were impov-
erishod and prevented from becoming
nrosnerous by the war. Besides, when the
State placed these roads IN the hands of
receivers. she placed them, in many cases,
in the hands of parties who would not be
thought, anywhere, except IN tennessee,
comnetent to manage an 80 acre farm,
much less to run a railroad; men who IN
many cases were broken down political
hacks. who would not have been trusted
with a horse from here to the Cumberland
River. Gen. Quarles further stated that,
if necessary, he could make aver
Toent that one of the receivers
snept two hundred thousand dollars
collars TO build trestles and bridges, and
built them SO inefieiently that toe very
next wear the second receiver had to ex-
mend one hundred and fifty Thousand dol
lars to replace these trestles and bridges.
In conclusion, Gen Quarles said that he
asked that each Of the five classes OF credl-
tors before mentioned be made parties to
this suit. either by name or by mentioning
one or more of each class.
The decision of Chancellor East was re-
served. and the court adjourned till 2 P. II.
Before the adjournment of the court, 1t
was stated that in the case of the Manches-
ter and McMinuville Railroad, counsel on
both sides had agreed 10 make reference
10 the Clerk aud Master, Who Is to hear
nroof. and to fix the value If said load at
not less than $500, 600 in State bonds, the
railroad company having sixty days IN
thc road and the stock