The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1878-05-08


Ohio Legislature, so far as now known. Si5S -
Tennessee Legislature ture............."....... $50 %
Kentucky Legislature. V,5OO w
A'o ~
OF the amount accredited to the Kentucky Legs- |
lature, $4,000 was appropriated by the City C0un-
Gil and Sl3, 900 raised by subscription. $500 was
paid j. G. Brcckinrdge for work done before the
committee, and was taken from the Trust Fund |
The money appropriated by the City Council was
A citizens meeting was held at the Board OF
Transportation rooms, and various plans submitted
in regard to the finishing of the road. None OF
them, however, were deemed acceptable.
CHAMBER OF COMMERCE COMMITTEE.
The Committee appointed by the Chamber OF
Commerce met to ascertain the best way towards
finishing the road.
Mr.. David Sinton, before the Committee pro-
ceeded TO hear the report OF yesterday, arose and
stated that he wanted to make personal state
ment He was not hostile to any OF the Trustees
but he deemed tas most urgent duty that they
resign. The road must be finished, and he was
not i'll favor OF abandoning i! to save the Trustees
His sentiments were approved OF by the re-
malnder OF the Committee,
MIR. Glenn, the Secretary, also conceded with
these views, not that "he loved the Trustees less
but the Southern Road more"
The following was then submitted:
"Our opinion is asked whether by legislation OF
the State of Ohio the Trustees of the Cincinnati
Southern Railroad can be removed and Others
substituted.
'tThe line of the road is almost wholly within the
States of Kentucky and Tennessee The authority
to construct and operate the road depends not only
upon the legislation of the State OF Ohio, but also
upon that of the two other States named. The act
of the General Assembly OF the State of Tennessee,
passed January 20th, 1870 and the act of the Gen
eral Assembly of the Commonwealth of Kentucky,
approved Feb. 17th, 1872, whereby power was
conferred upon the Trustees and their successors
to construct and operate the road in those States,
are substantially the same and 50 far as they re-
late to the question put to us, have precisely the
same effect. In both 1t is declared that by the
word Trustees is meant the Trustees for the time
being appointed under the said act of the General
Assembly of the State of Ohio and that the
same shall include the said Board OF Trustees
and their successorS.' In both it is also declared
that the act of the General Assembly OF the State
of Ohio referred to, is the act OF May 4th, 1859,
being the original act authorizing the con-
struction of the road. and that under
which the first Trustees were appointed. Turning
now to that act we find there provision for the
moval of any Trustee failing in the faithful per-
formance of his trust proceeding to remove by
petition to the Court which appointed the Trus-
tees is provided for the petition to be filed by the
City Solicitor, but in the event of his refusal, by
any tax payer of Cincinnati or by any bondholder
1.-THE Court is authorized to fill the vacancy SO
caused by appointment and also vacancies result
ing from any other cause.
There is no other provision in the Act for the
change Of Trustees
"Our opinion is that the Acts of Tennessee and
Kentucky referred to, and their acceptance by the
Trustees (Which was expressly required before any
lands should be entered upon). constituted, be-
tween the City of Cincinnati and said States re-
spectively, contracts which are inyiolable and un-
aterabe except by the consent of the several par
ties therto The rights conferred are franchises,
and the conditions expressed i'll the grant must be
fulfilled, certainly so far as they relate to the ap-
pointment and removal OF the Trustees, to whom
those franchises were granted and by whom they
were to be exercised.
I'VE therefore conclude that without action by
! the Legislatures OF Tennessee, Kentucky and Ohio
the whole road can not be taken from the control
of the Trustees excepting in the manner and for
the causes provided in the Ohio act of May 4th,
1859. To such action the consent of the City OF
Cincinnati the beneficiary OF the trust, would be
necessary. While the Legislature of the State Of
Ohio, with the consent of the City of Cincinnati,
might provide for change OF Trustees for SO
much of the property as is within this State, it is
clear that this power call not be 30 exercised TO
affect the, property in Kentucky or Tennessee, or
"HoADLY, JOHNSON d. CoLsoN,
"SAGE & HINKLE,
"PAXTOS IL WARRINGTON"
| The following was submitted to the General
Committee this afternoon
"Your Committee appointed to devise ways and
means to complete the Cincinnati Southern Rail
way, beg leave to report:
THAT being Of opinion that no further progress
can be made toward the completion of the road by
the city of Cincinnati without additional legisla-
| ton by the State of Ohio and that such legisla-
d
Trustees of the Company they have taken the opin-
| ion of Messrs Hoadly, Johnson Colston, Sage &
| Hinke and Paxton & Warrington as attorneys,
whether by legislation of the State of Ohio the
Trustees can be removed and others substituted,
and they herewith submit the same as part of their
report. 81. .o co,,,,,..o, .,
that in their judgment no legislation that will aid
| in the construction OF the road can be procured
from the Legislature of the State of Ohio at it,
present session unless the Trustees first resign and
they ask to be discharged from the further COnSid
Grafton OF the subject
"The Committee recommend that an effort be
at once made for such immediate legislation as
will enable the people OF Cincinnati as soon as
possible bv to try vote question s%bor9Da oTs,
the issue of bonds for two millions of dollars by
the enactment Of law substantially in accordance
with the draft of bill herewith submitted, which
| bonds are to be used in accordance with the late
law by the Trustees under sanction of the Board
of Sinking Fund Commissioners.
"The Committee being fully of the Opin
ion that the aid OF the city is necessity in order
to secure the completion OF the road within reas
enable time, recommend the appointment of a
committee to secure such legislation, in accord
ance with the suggestion of this report.
| "ReSpectfully submitted
sc. H. GOULD, A. Ii. SHlNKLE,
| "DAVID SlSTnN, q. Y. ROOTS,
| "R NJ. SHOEMAKER, JAS. NJ. GLENN,
! "OLNER PERRIN, b. S. CUNNINGHAM"
| motion WAS made that the report be received
and laid over until tomorrow
| The law covering Mr. Cunningham's and Shoe
makers propositions, published yesterday, was
| read.
| The above motion was carried.
TERRIFIC CONFEDERATION.