Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1873-01-22
8nuOiIe aoleskp Gbrunite aaOnsOap yanuarp o. 1898

good faith subscribed of at least Fl We thous-
and dollars per mile from the Jeginnins
point of the contemplated road, to the
point along the line where it intersectg
with an eristing railroad in actual opera
ton, or navigable stream, or its tern,i-
nus.n Subsection also speaks of the
contemplated terminus
This statement, required to be filed, is
an essential. The decree should contain
"a description of the line of the road'' ''its
general route, Iaud should fix tho "ter
mini"-the beginning and the terminus.
Otherwise how can the court know wheth-
er or not five thousand dollars per mile
have been subscribed?
The route of the road as set forth in the
petition is as follows: commencing IN
Anderson county, Tennessee, at point on
the mountain Fork of lseplar Creek near
Dunnavon's Gap, running along the val
ley near the base of Walden's Ridge, So
as to connect with any Railroad or Rail-
roads now constructed or hereafter con-
structed or with any navigable stream,
within thirty miles of said Gap, and on
either or both sides thereof" Conceding
for the sake of argument, that the begin
ming point is sufficiently definite, it can
hardly be insisted that the general route
and terminus or termini are. Is the road
to run east or west, north or south? What
railroad is il 20 connect with ? With what
Gap pivot, from which the road may
swing in any direction which may be
chosen? If so, can it be said that the gen
eral route" is descri6ed' ] think most
clearly not; and / therefore hold that the
statement is defective.
Sd. Can this court, in addition to the
power to build the principal road, clothe
this corporation with the power to build
branch roads, in general and indefinite
terms, in the original decree? / think not.
In subsection 16 of Sec. Is provision is
made for the building of branch roads, for
a change of location of the road, &c, &c,
which shall be done by new decree of
the Chancery Court, under a new petition,
| approving or ratifying said proposed chan
ges and alterations, &C., &c. This evident
| ly contemplates important and leading
| branches, constituting new enterprises.
But that such corporation would have
! the right, without any express provision
! in the decree, as an incident TO the profita-
| bic exercise of its corporate privileges, to
! immediate neighborhood of the road,
as might enable it TO reach a
mine, or quarry, or factory, or forge,
! for the convenient use of such mine, or
forge or factory in loading and unloading
and in conveying the products of such
mine, or forge or factory to the main road,
is reasonably clear to my mind. If these
and purpose of the road, without which ii
could not be profitably used then the COR
poration would have the right to build
them. But if they are of the character OF
independent undertakings and are not
necessary to the main road, no such right
would exist.
4th. Can this court empower petitioners
to build a railroad, (Which seems to be their
main purpose and in the same decree en-
power them to engage in mining, manu-
featuring and trading and to erect FORCES
furnaces, mills, manufactures, &c, &C.,
The application in this case is for all these
privileges.
Sec. lst of the act of 1871 provides fo
the granting of charters generally, withou
defining their special object. Sec I'd points
out the mode of obtaining charters fo
building nhooada nnized. GRADED turn pixies
and plank roads. Sec. G points out the
mode Of having the inhabitants of any
town or village incorporated. And Sec
10, with sub-sections, relates to the incor
poration of companies for the construct
ing and building of railroads."
In the statute these different kinds o
corporations are treated differently, anC
distinct provisions are enacted as I" the
intention of the Legislature that, by vir
tue of a single petition, no one set of mer
should he clothed with the powers of al
these different kinds of corporations, in
volving different duties and requiring tn,
exercise of totally different powers. TC
authorize railroad corporations to engage
in miniog, leasing, manufacturing anC
trading would be unusual unsafe and con
trary to public policy, and ! think is con
trary to the spirit of the statute.