The Aberdeen examiner. [volume] (Aberdeen, Miss.) 1866-current, 1884-05-22
The Rail Road Injunction Cases
At Aberdeen.

The Rail Road Injunction Cases
at Aberdeen.
BRIEF FOR COMPLAINANT ON NOTION FOR
INJUNCTION.
This complainant shows in its bill that
the States of Alabama, Mississippi, Ten
nessee and Kentucky, cooperating with
the Federal Government, were DESTROYS
to secure the construction of a railroad,
its southern terminus commencing at the
waters edge of the Gulf of Mexico and
stretching across the States Of Alabama,
Mississippi, Tennessee and Kentucky
until its northern terminus touched the
Ohio River at or near its mouth, where
it was to form close connection with an
other line of railroad, which the State of
Illinois, in cooperation with the Federal
Government, were bending every energy
and resource to construct, commencing
at or near the mouth of the Ohio River
and running across the bosom of the
State Of Illinois until it touched the mar
gin waves of the Great LAKES of the
Northwest.
The Importance of this enterprise en-
gagged the minds of such statesmen and
patriots as Henry CLAY, Calhoun, Bell,
Douglas and others, for when the bill
which passed and was approved Septem-
Der 10Th, 1850, was under discussion in
the United States Senate, Mr.. Clay said
among other things that the construc-
ton Of the contemplated line of Railroad
would bring the two sections into close
commercial relations, producing comfy
Of interest, and result in making the
people more homogeneous.
Mr.. Bell of Tennessee in lengthy
speech warmly advocated the passage of
the bill, predicting that the completion
of this line of Railroad, would conduce
more than any other one factor in ally
ing sectional prejudices. and sectional
strife.
II is made PLAN by the provisions of
the bill, that these devoted patriots had
also in view the further purpose of con-
structiag line of railroad over which
the Government could transport rapid
ly, its troops, munitions of war, and sup
plies, and furnish efficient mail facilities
to its citizens.
Thus it is seen that the States mention
ed and the general Govern ment were
engaged in forming the plan, and en-
couraging its citizens and the citizens OF
other countries by legislation, to invest
their money, in this vast enterprise. so
as to secure great National highway,
furnishing The means Of an interchange
of products, and rapid communication
world.
This Railroad as charged in the bill,
was and is devoted to commerce "among
the States"
1t never was intended to be local
railroad. 1t never has been local rail-
road. 1t is not a local railroad now; and
it will never be local railroad.
We will now examine the action and
relation Of the State of Mississippi in res
pect TO the creation and completion OF
the Mobile and Ohio Railroad across the
eastern portion of its territory. In order
to appreciate fully the efforts that the
State made to secure the construction
of this line, it is necessary for us to point
out the want Of the means of transporta-
ton in East Mississippi before the com
pleton Of this line of railroad.
The people who inhabited the country
from where this railroad crosses the
southern boundary of the State to where
it eros SEES the northern boundary there
OF, a distance of two hundred and sixty
miles, were entirely and absolutely de-
pendent upon the tickle floods which
rendered the Tombigbee River naviga-
BILE for transportation OF their products
to market and receiving their supplies
by means thereof and which river was
situated at an announcement distance,
difficult of access, and only navigable
during three or four months Of the year
and in the winter season.
So that when the question of construct
ing this line of railroad across this por
tion of the State was presented, the State
of Mississippi in its sovereign capacity
proceeded to give the enterprise every
ble.encouragement.
And to induce any and all persons in
the Union and in Europe to invest their
money in the stock ant securities to be
issued and placed on the markets by the
Railroad Company then to be created,
the State in creating this corporation
provided in Section IL of its charter:
"1'hat il shall be Mwtil for the Company hereby
incorporated, from time to tin,e,to t1 regulate,
and receire the toll and charges by them 10 be
receiced for transportation Of persons and
property on their railroad or wdy aforesaid,
hereby authorized 10 be constructed. erected,
buiit or used, or any part Hereof"
The complainant alleges in its bill that
citizens of this country and in other
countries relying upon the right that
the State had expressly conferred
upon tho Mobile and Ohio Rail
road Company, and relying upon the
good faith of the State to keep inviolate
this part of it's charter contract, were
induced to invest their money in the
capital stock and other securities issued
by said company.
At the time this right was conferred
there was nothing in the constitution or
the general laws of The State, or in the
charter granted whereby the State evil
denced any intention of reserving to it
self the right and power of subsequently
withdrawing the right conferred, or in
any way invading or trenehing upon the
same; therefore, in consideration of the
right conferred, and the State declining
to reserve the right to subsequently al
ter, amend or repeal the same, these
people invested their money in the Sc
cnrities issned by this Railroad Com
pany.
Now, what was the right conferred by
the 18th section of the charter upon this
company
"That it shall be lawful for the com
pany hereby incorporated from time TO
time to fix, regulate and receive the
tOll,' etc.