Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-02-27
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COUNTY COURT.

The Sale of Railroad StOck-The Late
Election not Held i'm Accordance
with Law.
A meeting ofthe County Court was hello
yesterday, Judge Smiley in the chair.
THE NEW JUDGE.
Judge Smiley opened the proceedings
with a brief address in which he referred
to his appointment to the Judgeship, and
asked the harmonious cooperation of the
Court iua transacting the business of the
county. He spoke Of the Importance ofthe
Court as a legislative body, and promised tC
discharge the dnties of his office to the best
of his ability.
THE SALE OF RAILROAD STOCK.
The Clerk read the returns from the cleo
ton held on the 18th inst, to ratify or re-
ject the proposition of the Nashville and
Chattanooga Railroad Company, to purchase
the stock held by the County in the Nash
vile and Northwestern Railroad. From
the returns it appeared that no election was
held in some of the county districts. The
total vote cast was 1,1O7, of which 1913
votes were for, and 2S4 against the sale.
Justice Neylan offered the following; "Re-
solved, that from the returns reported by
the sheriff there was no election for the sale
of the stock held by the county in the Nash
vile and Northwestern Railroad"
After some discussion Justice Demoss
read legal opinion respecting the validity
Of the sale. After citing the facts connected
with the matter and the acts of the State
Legislature affecting it, it was argued that
the stock was the property of the county
when the proposition was made to purchase
it, and that in selling it all the provisions OF
the law had been complied with. The
opinion concluded as follows: ave are
therefore, after a careful examination OF
the question, of the opinion that the county
had the right to sell the stock, and that the
proceedings of the court and the election
and its results will pass title to the stock
to the purchaser, and enable it to call for an
assignment of the same" The opinion was
signed by Abram DemOss, z. H.
Ewing and w. F. Cooper. In the
discussion which ensued on the opinion,
Michael Vaughn contended that the cleo
ton was void and that citizens holding tax
receipts against the company were entitled
to stock in the road.
Justice DemOss argued that the act pro-
viding for the acceptance of certificates as
stock was never admitted by the company,
and therefore the tax receipts were not
worth the paper upon which they were
written.
Justice Baskette offered the following:
Be it ordered by the County Court of
Davidson county that it appearing from the
returns of the Sheriff of Davidson county,
who was ordered to open and hold an cleo
ton under the order of this court on the
18th day of February, 1872, for the sale Of
the Nashville and Northwestern railroad,
said election was not held in accordance
with an act of the Legislature passed Dec.
IA, 1871, and from said report it further APP
pearing that no election or polls were opened
in the following districts, to-wit: 2, I, 8, "A,
and it further appearing that in said dis
tricts or voting places there was no officer
legally appointed to open and hold the cleo
lions, it is hereby declared that said election
has not been held in accordance with the
law Of Dec. IA, 1871; and it further appear
inc from said report that there was not
majority of the legal voters of the county,
estimating the vote by the last Governors
election, cast at said election, and that there
was no sale of said stock in accordance
with sections las and l165 Of the Code of
Tennessee.
The previous question having been called
and sustained, the resolution was adopted
ayes sc, noes 0.
RAILROAD COMMISSIONERS SALARIES
The committee TO whom was referred the
question as to the amount that should be
paid to the railroad commissioners for their
services for the year 1871, submitted the
following report;
They have investigated the matter and
taken proof relating to it,and from the test
imony of Messrs. Whitworth, NJ. Burns,
Weaver, Hamilton, and Caldwell in which
it is recommended that they be paid one
thousand dollars each in money (and which
is hereto attached) we recommend that said
sum be paid to said commissioners by this
court as reasonable and fair compensation
for services rendered to the county by them
for the year 1871. We also recommend the
following resolution for adoption:
Be it resolved by this Court, That E. II.
Childress, Secretary and Treasurer of the
Railroad Commissioners be ordered to pay
said Commissioners out Of railroad fund
which he has in his hands, taking their re-
ceipt for the same.
W. j. WADE, Chairman,
THOs. T. SAUNDERS,
GEO. J. HOOPER.
On the motion for athe adoption of the
report, discussion arose.
The report failed for want of two-third
q; noes, II. A proposition
to substitute 5000 for 1000 in the resOlu-
ton, also failed-ayes, 20; noes, II. The
matter was then postponed till the April
meeting.
THE TENNESSEE AND PACIFIC RAILROAD.
Justice Ewing offered the following resO-
luton:
Resolved, That the question of the ac-
or rejection of the recent act of the
State Legislature providing for settlement
of the State debt of the Tennessee and Pa
cifc Railroad Company or stockholders
thereof, be and the same is hereby referred
to the County Board of Railroad Commis-
sioners, and said Board is fully empowered
to represent and vote the comfy stock in
said railroad company on the question of
acceptance or rejection of said act of As
sembly in any or all stockholders meetings
that may be held for consideration or action
in the matter.
The motion failed for want of a sufficient
majority, ayes Is, noes 10.
Ill H.