The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1886-02-14
lCONMusfcATRD.
The Memphis, Birmingham and At
lantio Railroad Company.
IHg AMESDMEsT DEFENDED -ASswEg
TO STRUCTURE OF THE CLARION.

The article which appeared in The
CLARION on Yesterday ia which the
action OF the Legislature in adopting
" hat il known as the Twelve mile
to the charter OF the Kan.
.as City, Memphis aud Birmingham
Railroad Company is discussed and
criticised demands respectful notice from
U.s. We, rs counsel for the Memphis,
and Atlantic Railroad
Company advocated the amendment be-
fore tine committees Of the two Houses,
and, ~ occasion presented itself, dis
cussed its merits with the individual
members. We assumed in the outset
that IL would subject us to just criticism
bad We attemDtd by the exercise Of per.
sOnal influence, or the use Of fallacious
argument, TO secure the adoption Of a
measure detrimental 10 the state, While
Il is our right and duty to advocate, in
the interest of client, the adoption Of a
measure which alike subservcs the
public and private interests, We have
not the right to advocate private inter
ests TO the detriment Of the public. 1t is
an insult to the Intelligence and patriot
ism Of the Legislature, aud an injustice
to us, TO assume that the amendment
was not adopted from the standpoint Of
public policy. Now that the Legisla-
lure has acted, let US review the reasons
for the adoption Of the measure.
The facts of the case are briefly these !:
In 1882, the Memphis, Selma Il Bruins
wick Railroad Company secured an
amendment to its charter permitting 1t
TO construct branch road from its
main stem to Birmingham. The prop
erty of this Company was sold at fore
closure sale, and the purchasers, early
in December, 1885, recognized under
the nalne Of the Memphis, Birmingham
& Atlantic Railroad Company. At the
present session of the Legislature the
charter was amended, making the
branch to Birmingham the main line, and
relieving the Company Of its obligation
to build on the old line. The Kansa,
City, Springfield q Memphis Railroad
/ Company il corporation OF great
wealth aud power, with its main line
running from Kansas City to Memphis
| Heretofore it has been the policy OF
this corporation not TO extend is system
east OF the Mississippi River. In the
| latter part of December, 1880, this poll
cy was suddenly changed, for the
alleged reason that the Gould system
was gong to build into Memphis A
few days thereafter, the Kansas City
/ Company sent an agent, who has been
| termed in this discussion ''its trusteo
representative, to the principal stock
holders of the Memphis, Birmingham
/ Il Atlantic Company to solicit from
them an offer to sell its property OF
terms then suggested by him. When
they respectfully declined to make the
offer to sell, this trusted representa-
tive" then and there threatened them
and said if they did not sell, the Kansas
City Company would "farattet their rod,
and haze one hHndred miles Of II aHde
construction in thirty days" At thi
time the Memphis, Birmingham &
Atlantic Company had forty six mile
of its road constructed and in operation
rhc remainder of the route had beer
surveyed and substantially located It
great cost, and arrangements had beer
made for the immediate prosecution 0
! the work of construction through tn
State of Mississippi, When an attemp
vas made on the part of the Kansas Git
Company to carry Quits threat by askiu
of the Legislature charter from Mem
I phis through the State OF Mississippi il
! the general direction Of Birmingham,
/ the Company thus menaced was right
and Justly alarmed, aud felt called upoI
To protect itself by every lawful mean
from the aggression. Its adversary
unchecked, had the power and the pur
pose 20 do it irreperable harm, and ther
was nothing left for it to do but +
appeal to the State, which was tn
author of its being, for protection,
lnorder TO uncover and expose the lea
purpose underlying the application TO
the charter oil the Kansas City Com
pany, an amendment was proposed b.
which that company was prohibite
from constructing its road within lively
miles of the line of the Memphis, BIZ
mingham aud Atlantic Company.
will be observed that this amendmen
confers no right Dr. franchise on the las
named company, but is mere restric
ton on the charter of the former, b
which it WAS intended to protect tn
latter in the actual construction of il
road, and which the Legislature coul
remove at any time.
During the prolonged discussion whic
followed the introduction of this amenc
ment, the following reasons were assign
ed by members for supporting it;
That corporations, as matter Q
right, had no claim on the State for tn
grant of corporate franchises. Peopl
who construct and operate railrosd
have no more right to demand that the
shall do SO in corporate name than pc,
Pile who make and sell corn and cotton
Charters are granted to railroad com
panies on the ground of public polio.
and because the State granting th
franchise will be benefited thereby
That the State would grant cha tel
whenever it was to its interest to do ST
but hen twas apparent that the publ
good would not be subServed, the leaso
was equally strong for Withholding then
And 50 it was the duty and privilege q
the State to limit, enlarge or restriC
charters, rs the public interest might d,
msnd, From this logical and unau
swerable hypothesis, the conclu
sion was drawn that it would be con