Whig and tribune. [volume] (Jackson, Tenn.) 1870-1877, 1876-04-29
The Railroad Case at Pulaski Decided
Against the Railroad Company.
From Wayne County citizen.

From Wayne County Citizen.
1t viii be remembered that two years
ago the town of Pulaski voted a subScrip
ton of $40, 900 to the building of the NJ
& h. r. r. The Mayor of that place Gas
did the Chairman of our County Court, J
refused to assign the bonds-hence the
mandamus suit, which has settled our
railroad hopes for a while, unless the de-
cisiOn is reversed by the Supreme Court,
to which the Railroad Company has ap-
pealed.
Judge Turley, who delivered the Opin-
ion. said that the company only had a
charter TO build a road from Memphis to
the Tennessee riVer-that the charter
had not been amended so as to authorize
the building of the branch to Fayette-
vile: that the petition to amend the char
ter contemplated an amendment so rs to
build the main line through to Knoxville,
and a branch to Nashville, and i branch
to Fayetteville; and that it was necessary
to have subscription of $1,000 per mile
for each of these branches and the main
stem, before the proposed amendment
could be made. That until this subscrip-
ton had been raised, and the charter ao-
tually amended, no application could be
made TO town or county for a subscrip-
ton: that the Code, authorizing 4 town
or county to subscribe, only authorized a
subscription by them TO company al
ready possessed of 4 charter authorizing
the building OF road through such cOun-
tv or town, and does not authorize map
plication to be made for a subscription
upon which to base an application for
charter. In other words that there must
be a valid charter for the particular line
or branch, before the town or county is
authorized to subscribe.
He held further, that the entire line of
the road, both the main stem to Knox
Vile and the Nashville branch, as well
rs this branch, must be actually survey
ed. and estimates made of the embark
meuts, ETC., of each line, (inasmuch as
they are all part of the same seheme),
before an application can be made for =
town or county to subscribe-and this
upou the theory that the people have
rirIt 10 know whether there is 4 pros
pect of the whole line, or all the iucS
being completed, in the event their OWN
subscription is made, that possibly they
would not have voted merely TO build
branch to Fayetteville, if the main line
TO Knoxville had no prospect of being
built.
For these reasons the judge decided
that the proposed subscription was unau-
thorized.
Judges Fentress and East were the
nrinfi1aI counSels-FentTess for, and
East AGAINST the railroad. 1t is claimed
nv the Pulaski Citizen that Judge Fen
tress made the finest legal argument ever
hearL at the Pulaski bar, and Judge East
mad, n very learned and able argument
of seven hours duration. Unless this
decision is reversed by the Supreme
Court this will put qiiescence to our
raiJroad hopes, so far as obtaining one
from, fine late subscriptions, voted by our
County. But we must not think for a
moment of quietly folding our arms, and
tame.v submitting to the will of Il minor
inv who have an eye singly TO no inter-
est Except the lining ef their own purses es,.
\ rc,J from Clifton to Pulaski or Wales
rs may be thought best. Let us
have no branch lines, let us see that our
cha, 7er is complete, and then all pull to-
@etb wayne, Lawrence and Giles
To,. ! + we act i'm concert we have no fears
that the road will not be built.