The Columbus commercial. (Columbus, Miss.) 1893-1922, 1912-07-25
COLUMBIARS TO VOTE
on RAILROAD BONDS
ELECTION OCCURS lUGUST IS
Qualified Electors win vOts on
$4,000 Bond Issue for the
Memphis. Columbus and
Gulf Railroad


ton to be held on Thursday
August 18th. for the purpose o.
allowing the qualified electors o.
the city to vote on the ques
ton of issuing bonds in the sun
of $500 for the purchase OF
right of way and terminal facili.
ties for the Memphis. Columbus
and Gulf Railroad.
The meeting was a special one,
having been called by May or
Donnell at the request of numer-
GUS citizens. The Business
Leagne had already indorsed the
proposition. and Secretary Wealth
erly of that organization present
ed to the council a numerous ly
signed petition requesting that
the election be called. At the
meeting some opposition to the
calling of the election developed
After Mr.. G. T. Heard, who is
promoting the new road, had
outlined his plans to the council
Gen. E. T. Sykes, city attorney,
In response to q request from
Mayor Donnell for his opinion
regarding the validity of the
proposed bond issue, stated that
the issuance of bonds would be a
direct violation of a state law.
The contention of Gen. Sykes
is that the city has no legal right
to vote bonds to aid any railroad
in the construction of its line.
His opinion is based on section
l83 of the Constitution of Missis-
sippi, of which the following is
an excerpt: .
No county. city or town or
other municipal corporation shall
hereafter become a subscriber to
the capital stock OF any railroad
or other corporation or associa-
tion. or make appropriation, or
loan its credit in aid of such cor
poration or association"
The general stated that in his
opinion this clause in the consti-
tuition made it illegal for the city
to vote bonds for the purchase of
of right of way and terminal
facilities, as this would be giving
to the promoters of the road
gratuities which the provisions
of the Constitution deny them
He stated further that should a
corporation attempt to build a
railroad within three miles of
any county site within this state
there is a law which compels the
corporation to embrace the city
or town in its route and maintain
q depot therein. unless prevented
from so doing by natural obsta-
cles. He said that this right
could be enforced, provided it
became necessary. under the
provision of the constitution
which says that such town may
grant right of way through its
confines and provide sufficient
ground for right of way and
terminal facilities.
The opposite side of the ques-
tion was argued by Col. William
Baldwin, Gov. James T. Harri-
son and Hon. J. |. Sturdivant.
Their contention was that the
railroad must first ash for a dona-
tion and that should the request
be denied the road had a right to
lay its tracks within any distance
of the city. They based their
opinion on section 3417 of the
code of 1906. which gives the
municipal authorities of any
county seat the right, upon the
vote of three-fourths of the quail
fled electors. to issue bonds for
the purchase of right of way and
terminal facilities of any railroad
that will bind itself to build a |
line through such corporation in
compliance with the provisions
of the constitution.
After having listened to the
arguments Of the learned gentle
men. the council decided to order
an election on Thursday. August
18th. and named the following
officers to hold said election: W.