Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-01-09
THE SELMA RAILROAD.
Another View Of the Condition Of It's
Aff4Irs-ReYIew OF the Engineers
Statements by an Old Hand.
Corporations Should be Compelled TO
Observe Ali Their Engagements
The Court Must be Careful.

EDITORS APPEAL-I observe another
effort is being made to induce the county
court to issue the third installment of
800, 600 to the Selma railroad company,
and an editorial in the APPEAL advocat-
ing it, Notwithstanding the railroad
company have failed to comply with the
terms of subscription. The railroad COM
pany have received from the county
$500 900 in certificates, which they ad-
NIT to have sold or used at $l72, 600 cash.
In April or May last the railroad COM
pany made detailed report, purporting
to show an expenditure on the read
in this county of Sl42, $50 81. This re-
port contained so many errors that the
county court ordered a re-meaSurement
of the work. The railroad company ap-
pointed Major Pickett and Captain BealI
to accompany Captain Pharr, the co1n-
ty engineer, TO overlook his measure
ments and see that Justice was done
TO the company. Captain Pharr's
report shows that only S76, SD Of work
was done by the Selma company, in
stead OF S142, $50 81, as reported by them
deficit of $50, ,30s 81, leaving unac-
counted fOE S95, ,47S of the $4,000 re-
ceived by the company: The accuracy
Of Captain Pharr's measurements is fully
confirmed by Major Pickett, but
the company say Pharr's price
for grading was too low, and
claim that they paid more per cubic
yard for some of the work than he esti-
mated it at. Allowing the full differ
ence and the company's classification
it would increase Pharr's estimate
S597S II, leaving still unaccounted for
SS9, ,499 q.
Pharr's report caused the company to
have another report prepared by Major
Pickett, from the books of the COM
pany-the very books from which
Major Fresenius, their chief engineer,
made the S142,S3 report. Major
Pickett, including every item he could
find, reports S102, 354 80, which sum in
cludes SIS, ,I4O 25 paid by the Memphis
and Charleston railroad for their half Of
double track, and Sl675 for cross ties
sold the Mississippi and Tennessee
railroad company. Deducting these
items, it reduces Pickett's report
to SS5, $50 o., the total amount accord
ing to the company's books, instead Of
SI42. $50, an error in the statement of
work done Of S55, ,290 80, according 10
their own showing. Pickett's report,
made from the cOmpany's books, after
deducting the two items above, exceeds
Pharr's by S11 ,0l7 03. Even upon this
hypothesis, it leaves still unaccounted
for, SS4, 460 80 of the SI72, 900 received
Major Fresenius, the chief engineer, re-
fers to $4,000 worth of rolling
stock in Alabama. This can not
be taken into the account. 1t
is forbidden by the contract
But even if it could, the company, if !
am correctly informed, have but two To-
comotives in Alabama, and these are
absolutely necessary to the operations Of
that end of the road; besides, the State
of Alabama has lien on the road and
all its equipments.
The road is important to Memphis,
and / earnestly desire to see it built; but
it is a duty we owe to ourselves, and a
duty of the county court to COM
pei the company to carry out
in good faith their contract
with the people, and the court will be
inexcusably derelict if they fail in this
duty. They have been placed there by
the people to protect their interests, and
it is expected they will do it.
The railroad company entered into a
solemn contract to 1eXpeRd the money
received from the county in particular
mode specified, and for certain purposes
They have violated this contract, and
are by their own showing in default
S446O; and by the showing of the county
engineer S95, ATS. Upon this state Of
facts the balance of the subscrip-
ton is absolutely void by
the terms of the contract, and no
more certificates can be issued. nor any
moe tax collected. Corporations
should be compelled to observe strictly
their engagements with the people, and
while would regret to see the subscrip-
ton entirely forfeited, l am in favor Of
compelling the company to replace this
S95, AIS 90 before issuing more certifi-
Gates; and replacing it, not by work
done on credit, but by work paid for
by bona fde resources of the company,
so that when due there should be no en-
cumbraDce on it for the money required
to pay for it. The company has never
made report in compliance
with the contract, which re-
quires that the company should show
the date of payment of each item, the
object being to ascertain how much of
the work done is actually paid for. Their
report does not do this. Major tresen-
ius attempts to justify the application Of
portion of the fund to the payment of
engineers salaries, or, as he calls 1t,
''superintendence.n The contract abso-
lutely prohibits it. Unless the company
and their bOndsmen are required to ac-
count for this deficit, and to observe
strictly the terms of the contract there
is no safety for the taxpayer. had the
company observed their obligations to
the people we would long ago have had
road in operation, part of the wsy at
least, to Holly Springs; and in the face
of their violation of a solemn contract,
it does seem 8 little cool that they con g
now and demand another 500, 900. You
are mistaken, Messrs. Editors, in sayiDg g
the balance Of the subscription may g
expended generally after the road is
built in Shelby county. 1t is required
that the road should be built ard
| fully equipped in first-class style,
and that machine shops, stocked with
| tools; depots, and passeDger-houses,
wood and water-station, sectiOn-houses,
etc, full and complete, should be built
before the expenditure of dollar else
where; and then the balance to be ex-
pended in extending the road continu-
ously in the same order in Mississippi.
L earnestly nope lHe cOD1pduy may ue-
sist from a demand which, if persisted
in, will end in forfeiture of the balance
of the subscription, and place them
selves right by making good the deficit
according to the terms of the contract.
Then they may rightfully ask for the
next instalment, but not before. Il is
true, the company claims to have ex-
pended this deficit on the road in Mis-
sissippi, but this is none the less viola
ton of the contract.
MINOR MEPTWEVEITR