Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-01-27
THE ALABAMA AND CHATTANOOGA
RAILROAD.


The opinion recently delivered by Judge
Woods in the United States Circuit Court
at Mobile, in the Alabama and Chattanooga
Rsiiroad case, seems to meet with general
disfayor in Alabama. It will be remem-
bered that some time since application was
made to have the railroad adjudged bank
rupt, and placed in the hands Of a receiver.
In September last.a bill was entered in
chancery before Judge Woods at Montgom-
cry, Ala, to declare the proceedings in
bankruptcy null and void. After an elabo-
rSte argument the bill was dismissed by
Judge Woods, who also made an order of
confirmation Of the proceedings in bank
Tuptcy already commenced in the District
Court, and required the road to appear
and answer on the following 9Th day Of
November. On that day the road was ad-
Judged bankrupt, assignees were appoint
ed and able lawyers were named as coun-
sci for the assignees. After this a petition
Of review Of the proceedings in bankruptcy
was manufactured and brought before
Judge Woods at Savannah. After hearing
elaborate arguments in the case, the peti-
tion was dismissed, and the regularity of
the proceedings in bankruptcy was affirmed
at all points. The surprise Of the people
Of Alabama may be imagined when they
heard that on d reheaTing Of the case
at Mobile TIE other day, Judge
Woods completely reversed his former de-
cisions, declared the proceedings in bank
ruptcy irregular, and consequently null and
void. The Montgomery daCer'iSer com
ments on the last decision as follows:
"The terror of Judge Woods decision Is
this, that now when the principles of self
government are SO desperately struggling
against a consolidated government Of I'M
peIial Tyranny that q Circuit Judge Of The
United States should claim the immense
power to take the Alabama and Chatta-
noOga Railroad from the possession Of Ala
bama, Georgia and Tennessee St4tas whose
people have furnished the means and credit
TO build the road, and 10 treat them as
mere municipal corporations; TO brush
away by wave Of the hand the District
ODUIL Oh lLlc l Llutu states Win Us DIl2lllil
jurisdiction i'm bankruptcy ike a fly
from the Judges nose; 10 set our Gov
ernOr and our laws at defiance, and to
treat them both with contempt: and
to do all this in order TO seize himself a
vast railroad corporation as a trophy and
spoil Of power, preferring to run it in
definitely by his own appointed officers and
agents. But the CrOWning outrage or mis-
fortune Of the whole business is this, that
but for the obstruction Of the proceedings
in the Circuit Court it is morally certain
that the road would have been so arranged
within ninety days, or six months at farther
est, TO relieve the people, from all anxiety
concerning it."
1t is reported that Judge Wood has ren-
dered a final decision, confirming his former
one declaring the Alabama and Chatta-
nOoga Railroad not bankrupt, and has ap-
pointed DR.. Drake, Of New York, receiver
for the second mortgage bondholders. The
Chattanooga Times Of the Goth inst. learns
from a gentleman just from Alabama, that
the termination Of the Alabama receiver
ship of the Alabama and Chattanooga Rail
road, had suspended operations on that
road. The cause OF suspension is that Su-
perintendent Wheeler and other principal
officers had deserted the road.