The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1886-02-13
An Unheard Of Restriction

We do aver that the charter Of the
Kansas City, Memphis end Birmingham
Railroad Company which passed the
House on Friday, contains the most re-
markable provision ever placed in the
charter Of railroad company In this or
any other State.
This provision IL contained in su
amendment which WAS added 70 the
bill, as 1t was originally presented to the
Legislature, by the Senate. It is not an
amendmentwhich the applicants Tor the
charter asked or desired, but which they
most strenuously opposed. Nor is II an
amendment which the public policy or
interests OF. the people Of the State
suggested; but which was suggested and
insisted upon by the officers and attor.
neys Of rival railroad company
The bill To charter he Kansas City,
Menrbis and birmingham Company, TO
which WAS added the amendment re
ferred to, provides for the construction
Of railroad from Memphis, in the
direction of Birmingham, across or
through the State Of Mississippi; aud
the amendment prohibits the company
from building It's road within twelve
miles Of nm airline from Holly Springs
to New Albany, froll New Albany to
Tupclo, from Tupelo % Fulton, and
from Fulton to the Alabama line in the
direction Of Birmingham
The amendment was adopted at the
request Of the Memphis, Birmingham
and Atlantic Railroad Company, which
owns the line Of railroad running from
Memphis to Dolly Springs, anG has been
authorized by the present Legislature TO
extend it, road through the State toward
Birmingham.
The effect OF the amendment is to
keep the Kansas City, Memphis and Bir
bingham Company out Of holly SPRING.,
New Albany, Tupelo aud Fulton. This
Is bad enough But IL is much worse
than that; IL carves out strip Of coun
try In the Northern part of the State
twenty -four miles wide aud one
hundred miles long, into which the
Memphis and Birmingham Company is
prohibited from going at any point.
On any single foot of this 2, 400 square
miles of Mississippi territory it dare not
put n cross tie.
This vast domain, made sacred TO the
uses Of the Memphis Birmingham and
Atlantic Company by the Legislature,
the Kansas City, Memphis aud Birming-
ham Company cannot traverse, coming
South or going North. 1t cannot touch
it,
Such restriction WAS never imposed
on any railroad company in America by
any Of the States or the United States.
when the company simply asked for the
privilege Of constructing u railroad with
its own capital.
To make matters worse, the Memphis
Birmingham and Atlantic Company
can, under its charter travel all over
the right of way of the Kansas City
Memphis and birmingham Company
Aud to make matters worse still, there
are Other charters in existence in TN,
State under which lines could be con.
structed parallel with either Of the COM
pauies named
II is mid that the charter Of the
Memphis and Charleston Railroad Com.
pany contains provision like that we
have criticised. This is not So Nc
charter in America contains such pro
vision.
Such provision in a general law o
this State would have prevented
the construction OF the road from New
Orleans to jackson; the road from
Naichez to jackson; the from jackson
to YaSoo City; the road from New o.
leans to Memphis, and other roads tina
we could mention.
The persons living IN the territor
protected from the invasion of the Kan
sss City, Memphis aud Birmingham
Company, may honestly think, at thi
time, that they want only one line o
railroad, but they will sing another tun
IL they be fortunate enough TO get il
Then they will want two, three, four, o
as many as they can get.
IL the Legislature doubted the goo,
faith Of the Kansas City Company, the
should have been kicked out withou
any charter.