Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-04-06

The arbitrator appointed to settle the
case Of T. w. BalloWe, Railroad Tax Collec-
tor for 1896, reported as follows: This
case submits a question of account which
we cannot undertake, besides it recites that
the land was bid off by the county, which
is and might change materially, if true, the
result. We know of no law authorizing
the county to buy land for taxes. II the ser
vices were performed in good faith, and the
county has accepted the benefits ofthe same
we are of the opinion that the collector
should be paid therefor the fee of one dol
lar in each case. This, we conclude, was
the intention of the act Of 1S596O, when
taken 10 connection with the code, but this
act only applies to cOmmissioners-accru
since the passage of that act. We suggest
that this disposition be made of all the cases
now pending with collectors and the clerk
take the account of the services as a mas
Ter in cbanceTy, EDWARD ID. EAST,
WIN. B. BATE.
The report was received and the County
Judge was instructed to proceed with the
collection Of revenue due the county from
all revenue officers in arrears, as soon as
the case against Briefly shall be decided.
-EDGEEIELD AND KENTUCKY RAILROAD.
Justice Childress offered a resolution to
20 refer the entire subject of the
countys interest in the Edgefeld
and Kentucky railroad 10 the Board of
County Railroad Commissioners, subject
only to the instruction thai no extension of
lime be given the purchasers for making
payments which may become due, except
inc upon the basis and conditions securing
and guaranteeing TO the county a value in
money to the State bonds in which said
payment is to be made fully equal to the
quoted value of the same at he New York
Stock Exchange on the day such payment
for v hich extension may be made shall be-
come due, and said Commissioner shall re-
port to the court at its next term.
Justice MaXey moved to amend by add
ing the following: Provided further, unless
the power Of attorney is gtTen TO confess
judgement on the amount with interest be-
fore any court Of this State having jurisdic-
ton, should the payment not be made.
Laid upon the table. Ayes Al; noes Is.
Justice Saunders moved to amend by
inserting provisO that in no event shall
the money value Of the bonds be less than
635 cents on the dollar. Accepted.
Justice Maxey moved to lay the whole
subject upon the table. Lost. Ayes Il,
Noes 40.
Justice Walsh moved to amend by provid
ingthat the American Contract Company be
required to place in the hands Ofthe Comp
trOll5r 100000 bonds Of the State as re-
quired by said contract. Lost.
Justice ChildreSs moved to amend by
providing that said Commissioners e. ter
into no agreement to cancel the contract
between the purchasers Of said Railroad
aud The County, or in the least vitiate the
70 same to the cOunty's damage. Accepted.
The resolution as amended was adopted.
THE NASHVILLE AND NORTHWESTERN
RAILROAD STOCK,
Justice MaXey offered the following:
Whereas, the Nashville and Chattanooga
Railroad Company submitted proposition
TO this honorable court at its meeting on the
- day of November, 1871, proposing as a
compromise, to purchase the interest (what-
ever it might be- of Davidson county in the
capital stock of the Nashville and North
western Railroad and pay therefor thirty
bonds of legally issued Tennessee bonds Of
1000 each.
And whereas, that proposition was &C
cepted by this honorable court by vote Of
thirty-One to one.
And whereas, that action Of the court
was subsequently referred to the people Of
the county for approval and was approved
by vote Of -- for the proposition to
- against it.
And whereas, this Court has heretofore
been furnished with an able and exhaustive
legal opinion prepared by a. l.. DemOss,
w. +. Cooper and E. II. Ewing, deciding
that all action legally necessary to make the
contract binding on the county has already
becl taken, and that, in their opinion, the
title of said stock now vests in the Nash
VILE and Chattanooga Railroad Company.
Aud whereas, since that opinion was fur
nished, case similar in character to that Of
the county has been decided by the SUI
preme Court of the State adversely TO the
position taken by the county, therefore,
Be it resolved, That the Judge of this
honorable Court be and he is hereby author
lied and directed to tran fer to the Nash
vile and Chattanooga Railroad Company
= on The books Of the Nashville and North
western Railroad Company, the stock
owned by the county Of Davidson in said
Nashville and Northwestern Railroad, being
three thousand shares of 500 each, upon
the said Nashville and Chattanooga Rail
road Company complying with the fol-
lowing terms and conditions, 10 wit:
The Nashville and Chattanooga Rail
road Company TO pay over to
the Railroad Commissioners for this
county, the thirty Tennessee State bonds
are provided for in the proposition Of E. W.
Cole, President, referred TO above, with the
furtaer condition that said bonds snail have
at achei thereto the accruing coupons from
Jan. l, 1869, to Jan. 1, 1872 and further,
tina said Nashville ald ChattanOO "a Railroad
Company shall enter into bond and deliver
such bond to the Judge Of this Court, guar
anteeing the county as 4inst loss on account
of any legal claim or claims Ivy the tax
e n
Nashville and Northwestern r abroad Com
pany to an amount equal 70 the sum, and
of the same character Of stock as is hereby
ordered to be transferred to the Nashville
and CHATTANOOGA Railroad Company, and
further that said Nashville an3 Chattanooga
Railroad shall permit the Tennessee and
Pacific Railroad Company, ga winch ju
county has cOnsideraUla INTEREST," TO extend
its track on the right Of way owned by sand
Nashville and Chattanooga Ia lroaa toE'
pany from the preSCu. junction VI uacf2
near Browns Greek 10 the Nashville Turn
pike road, near the depot grounds OF said
Tennessee and Pacific Railroad Company
upon the following terms being complied
with by the Nashville and Chattanooga
Rail DAD Company: The Judge of thi'
Court is hereby directed to dismiss appeal!
and supersedeas now pending in the Su
preme Court of the State at Nashville.
4 motion to reconsider the vote to sub
nit the question of transferring the county!
stock in the Nashville aid Northwestern
Railroad to the Nashville aud Chattanooga
Railroad Company, to vote of the peopl,
was carried.
Justice Baskette moved that the pream
HE and resolution submitted by Justict
Maxey Oe adopted in lieu of the resolution
re-c0nsideTed.
Ihe previous question was called, an,