Oxford eagle. (Oxford, Lafayette Co., Miss.) 1876-current, 1920-02-12
RAILROAD CO.
BEING SUED
Revenue Agent Would Collect or Have
G.. & S. 1. Railroad Extended
Old Contract.


state and people of Mississippi, fiieo
in the last half century, has just Deen
brought in the chancery court OIL 'i'e
First district of this county oy o'ohe'
v. Robertson, state revenue asen''
and Judpe V. j. Stricken, attorney
against the Gulf Il Ship Island Nall
road Co.
The bill in the case is clean-cut ana
direct and charges the railroad COM
pany with having flagrantly and frau-
dulently violated it's contract with the
state of Mississippi, after having re-
ceiyed from the state grant OF some
25O.OOO acres of the finest virgin pine
lands granted to the company upon
the condition and the contract that II
would build a railroad from the coast
to Brandon and thence through the
central portion of the state OF fonto-
toe, Miss, and on to the tennessee
line.
=
ry Yerger, assistant secretary OF
state, who came upon it while lnvestl-
eating certain railroad land grants at
the request of the government rail-
road administration. Being unable TO
find where the Gulf & Ship Island
Company had authority to take over
the grant in question, MI. 1efgef
made a thorough and systematlc
search of the statutes and found the
one on which this suit is based snugly
hidden away in the acts OF 1854,
where it has been sleeping all these
wears, ignored by the railroad COM
pany and forgotten by every one else.
This act is entitled can act to facilitate
the construction Of the Gulf & Ship
Island Railroad" 1t gave the COM
pany the right to take over and use,
the penitentiary and convicts OF the
state III building its line, and also ao-
brogated the company to all the rights
and privileges of the Old Gulf d Ship
Island Railroad, this subrogation car
rving the right to take over and use
the land grant, formerly given to the
old railroad. The act then amends
~the charter of the Gulf & Ship Island
, Railroad Company, in consideration OF
these benefits and concessions, SO as
to require the company to give up the
route to Jackson as proposed IN Its
charter of 1882, and required the
company to build its line on the sur
vey of the old company, in the follow
ing emphatic and specific language:
"The Gulf G. Ship Island Railroad
shall run the line of said railroad
from it's southern terminus along the
line of the old survey Of the Gulf d
Shin Island Railroad, centrally
through the state as far as practicable
TO the town of Pontotoc, Pontotoc
County, Miss, thence north, or north
east or northwest to the boundary line
of the state, or to the Tennessee river,
as may be determined by the board OF
directors of said company"
After locating this act and being
unable to find that the Legislature
had ever given the company authority
to change this route, Mr.. Yerger rec
ognized it's vast significance and took
Jndoe Stricken into his confidence to
develop the case. The matter was
then placed before Revenue Agent
Stokes Robertson who decided to
bring the suit.
While the bill seeks primarily to
hold the company liable for damages
for the alleged wilful and fraudulent
violation of its contract, 1T also
strongly suggests that the chancery
court should compel the railroad COM
pany to proceed with the building OF
the railroad it promised to build and
which the Legislature said it should
build in consideration of the great
benefits conferred upon it; but it is
urged that the company should be re-
uuired also to maintain it's present
line to Jackson intact as being now a
necessary part of the commerce OF the
state.
The revenue agent points out in
connection with this suit, that aside
from the fact that the railroad COM
pany got the use and benefit OF the
lands worth possibly $3,O0O,OO0 and
aside from the fact that it got the use
of the penitentiary and convicts for
several years at a saying of several
hundred thousand dollars in labor
costs the company also got charter
from the state of Mississippi which
possibly goes further in the liberality
of its concessions than any charter the