The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1886-02-14

.rary alike TO common right and public
policy to grant a charter to one railroad
company by which it would embarrass
and perhaps destroy another company
which vas in the actual construction OF (
is road.
2. Again, il vas argued with equal el-
fectiyeness, that it was wrong IN principle
aud poll y, where the purpose was ap-
parent, 70 allow two railroad companies
TO bald their lines along side Or IN close
proximity. for the one would nee
essarily absorb the other, and a.
the cost Of both would remain to
be paid. the public would be the suffer
ers. Whereas, if they we're made 70 III
verge reasonable distance more commu-
mites in the state would be benefited
and the real advantages OF competing
lines would be secured.
3 The members living along the line
Of the extension from Holly Springs to
the Alabama State line were unanimous
in support Of the amendment. They
argued the question more Immediately
from the standpoint Of local interest,
and contended that their constituents
were assured the Memphis, Birmingham
Il Atlantic tompany would build its
road and had 10 assurance .hat the other
Company would, and therefore urged
upon the legislature TO secure them
railroad facilities by protecting the Com
pany in whom their confidence was
placed, from embarrassment.
T. Others stated that there was no
question Of principle involved and that
they would vote accordingly rs they
were advised by the representatives of
the people Immediately interested.
! In answer TO such arguments rs these
il was boldly asserted that there was no
precedent for the amendment, that II
Vas a violation of principle, and not
withdrawing the temporary character
Of the restriction, that it was a grant
of exclusive privileges. THE CLARION
seems to have become impressed with
this line Of assertion rather than Of argu.
ment, aud we will reply to its comments
on what it regards as unprecedented leg
islation, with the following citations:
The Legislature of Tennessee, on the
I'd of February, 1916, passed the Charter
Of the Memphis & Charleston Railroad
Company, and the following is copy oil
Section 10 of the Act
"After the route Of said railroad shall
have been accurately surveyed anc
adopted, aud a plat thereof deposited in
the Office of the Secretary of State, il
shall not be lawful for any other railroad
to be built, cut or construct in any
way or manner, or by any authority
whatsoever, running within twenty
miles Of the route so adopted"
On March lst 1854, the Legislature o.
Mississippi passed an act declaring thai
the Memphis and Charleston Railroad
should "have and enjoy all the rights
powers and privileges granted Ito it by
The Legislature of Tennessee
On the 10th of October, 1852, "tht
Legislature of Mississippi incorporated
the Mississippi and Tennessee Railroad
Company, aud after providing that i
nigh; construct its line to junction
with the Mississippi Central Railroad, i
provides further I'm the event that thu
Mississippi Central Railroad Company
shall not complete their road to Canton
in Madison county, then the Mis-
sippi and Tennessee Railroad Compan.
are hereby authorized to contnu
their road to the above named place.
The following is a copy of section
1912, of the Code of .-rkansas
Every company or association formed
under the provision of this act sha!
within two years, file map and profit
of the route intended to he adopted, a
provided in Section 1889, and shall b
entitled to right of way for distanc
OF ten miles or each side Of such route
; and no company or corporation shall b
: allowed articles of association, or becom
body corporate for the purpose cor
templated in this act, which shall hay
| route running parallel or in the diret
ton to the one previously incorporate
within the said distance
T. The following is q copy of Sectio
: 1859 (T) of the Code of Georgia;
Where railroad or branch railroa
, is intended to be built under this SCI
ton, between two points where raj
: road is now constructed, the gener'
! direction and location of such new raj
; road shall be at least ten miles from til
: railroad already constructed, but tn
section shall not be construed 10 refer I
! any point within ten miles of etht
terminus or to prevent said roads frol
running as near to each other for sal
first ten miles from either terminus q
the interest of such Company buildin
> the new route may direct"
Without taking up further space wit
{ other reasons or precedents, We will he
close this article with the remark thi
the evil which the amendment" WI
! intended to guard against, is one gro'
:, ing more frequent every year. Ne
u York has had to deal with it, and it
receiving due measure of considerable
J, by the Interstate Commerce Commits
= appointed by the Senste of the Unite
{ States. S. 5. CALHoON,
JOSIAH PATTERSON.
u - -----
t Not a Case of Pan Electric.
- Special to the Times nemocrat.l