The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-02-21
THE BONDS WORTHLESS.
A STRONG ANSWER TO A CLAIM OF
YEARS AGO.

YEARS AGO.
The Newport News g. Mississippi VAL
lev Company Deny the Validity OF
tho Claims of w. Il. Mcclure and
Wife.
About n week ago w. H. Mcclure and
wife, through their attorneys, Col. George
Gaunt and Mr.. A. II. Douglass, petitioncd
the Hon. l.. II. Estes, judge of the circuit
court OF Shelby county, for mandamus to
compel the Newport News & Mississippi
Valley company to receive in payment OF
freights tax receipts or certificates issued
10 tax payers by the tax-collector Of Shelby
county for the amounts assessed on each
respectively, for the liquidation OF the
county's subscription OF 100000 to the
capital stock OF the Mississippi River Rail-
road company in January, 1869, the
amount Of such certificates owned by the
plaintiffs being S29l. The orig
inal conditions OF the subscrip-
ton according 10 the petition were
that the 100000 subscribed was to be
raised by installments obtained by taxes
levied annually upon the citizens and
property OF Shelby county, plaintiffs
claiming that said installments were regu-
larly levied and collected for that purpose
through series OF years by the proper
county authorities and wero turned over
and used by the railroad company and
its successors in the construction OF the
road from Memphis TO or in the
direction OF Paducah. They also
claim that under the then exist
ing internal improvement act oil lS52
the railroad company received the sub
scription and was held and bound 10 re-
cover, after one year from its completion,
| the certificates OF tax payments in pay
ments OF either freight or passage on said
railroad ut the holders election. That
more than one year has elapsed since the
completion OF the railroad and although
tho railroad company has from time "a
time changed its name under which 1t was
previously chartered and now '.llourishes'
under the name OF the Newport News and
Mississippi Valley company, yet is the
same IN chartered under the name OF the
Mississippi River Railroad company and
under any or all OF these names is none
the less responsible TO the holders OF said
tax receipts, or certificates and cannot shift
or escape liability created by acceptance o.
benefits under the statute by change o
name or ownership.
The petitioners then state that in goot
faith and trusting TO the inviolability OF |
solemn statutory obligation" they, on The
10Th Of January last, rendered the tax re
ceipts mentioned 10 the company's freigh
agent at Memphis, asking for transporta
ton TO the amount Of S29l on cotton (th'
number OF bales not montioncd) iron
Memphis TO Newport News, which tcnde
Of tax receipts was refused, hence tn
present suit
As this is the first de
mand OF the kind upon the rail
road company for such use OF the old Gel
tiicates, and the plaintiffs right TO 80 us
them is denied, IL will most likely prove
, rather interesting test case, rs in the oven
Of the railroads defeat many more OF sue
/. claims will probably be presented, althoug
recent decisions appear in fayorof the CON
pany. The Newport News 4 Mississippi
/ Valley company, through its attorney, MI
, Holmes Cummins, will flo the followin
{ answer today
In the Circuit Court Of shelby County, Tcnn.-v
Y Mcclure and wife ". the Newport News
nIieiSsippi iailcy Company;
In this cause said Newport News & Mi
: sissippi Valley company iirst Directing
. this procedure because oil its many irregI
arities and uncertainties OF statement
}, that the name Of the wife OF w. T.. Nj
u Guirc IL not stated, nor the several tax n
o ceipls or certificates sued on, numbere
one 10 twenty lone, exhibited with the p
: iition nor the number Of bales OF cotto
alleged 20 have been rendered defcndaI
!, for the carriage stated and other matters
DO mentioned at the hearing comes, an
for answer TO tho petition says that II d.
!, mics that the petitioners paid any taxes Q
" the alleged subscriptions made by Shelf
n county 60 the Mississippi River Railroa
y company. II denies that they arc the owl
y ems or holders OF any tax receipts on tn
account, rs stated in their petition. IL d
= MES that they or either Of them have lei
u dered any irolghis Of any kind OF chaTact
or quantity whatever, or any bales OF CO
!. ton or other articles for transportation ov
I" this respondent railroad, or have Be-
4. dcrcd any such tax receipts In pa
mcnt for such frcights 30 {
: fercd for carriage. Respondent deni
= that any lawful demand has been maj
!, upon Il about any OF these matters, and
y further denies that II has refused to car
:, such ircights u and when so rendered. {
= the 10Th day Of January, 1883, "a commui
cation was sent by petitioner, w. T.. NJ
= Guirc, 10 w. r. Mcintosh, an agent OF !
y spondcnt, which Is herewith filed Ms az
hibit A." aud made part Of this answG
. This Is the only demand, the only tend
I, Of frcights, the only tender Of tax ccrti
:, Gates In payment Of ircights that have be,
" made by or on behalf oi petitioners TO I
= spondcnt, or any one for II, about the
y matters. Respondent files herewith, al
~ makes the same Exhibit u, }" TO and ps
: - Of this answer, a copy Of the reply Il On
through said Mcintosh 10 said demand
y said McGuirc, and the statements there
81 contained arc true, and this constitutes d
~ only reply or answer respondent has ma
- about these matters.
y As respondent IL informed and bcliev,
. about 1869 or 1870, certain persons, vi
had rsurpcd the control Of the Affairs
shelby county and had oustcd the coun
court and the justices Of the peace OF Sh,
q. by county from their respective offices, d
pretend 10 make n subscription Of sor
$4,000 20 the capital sto
a Of said Mississippi River Railru
Of company in the namo and in the behalf
- said Shelly rOuniy These usttrns