Qass_^_cli/_ Book J 7:9 ^t STATE OF TENNESSEE AND THE UNITED STATES. Extracts from Records, Journals and Documents, for Use in the Matters of Controversy Referred to in House Joint Resolution No. 25, Acts of Tennessee, Page 498, Compiled Sep- tember 24, 1895. PRESS OF BRANDON PRINTING COMPANY, NASHVILLE, TENN. JAN 27 \m The State of Tennessee AND the United States. IN- THE MATTER OF HOUSE JOINT RESOLUTION . NO. 25, PASSED MAY 13, 1895 (ACTS OF TENNESSEE, 1895, PAGE 498). PART I. The Act to establish a system of Internal Improvements was passed February 11, 1852, and is Chapter 151, page 204, of the Acts of 1851-52. Section 4 provides for the issuance of $8,000 per mile for every section of twenty miles, and that the bonds so issued shall be a lien on the section; and also that all the bonds issued shall be a lieu on the whole road when completed. Acts of 1853-54, Chapter 151, Page 205, Passed February 8, 1854. This Act amends the Act of February 11, 1852, and pro- vides expressly for aid to be granted upon like terms and conditions to the Edgefield & Kentucky Eailroad, and others. The Act passed February 26, 1856, which is Chapter 235, page 478, of the Acts of 1855-56, among other things, provides for the Winchester & Alabama Railroad to receive aid; and in section 6, that the Edgefield & Kentucky Railroad shall be entitled to do so. — 2 — Chapter 58, page 65, of the Acts of 1855-56, passed Feb- ruary 29, 1856, defines the duties of Road Commissioner. Section 1107, of the Code of 1858, provides for the filing of a bill in the Chancery Court and the appointment of a Eeceiver against delinquent railroads. Chapter 9, page 10, of the Acts of 1865-66, passed November 23, 1865, provides for the State to issue bonds to pay the bonds and accumulated interest which had been issued to railroads and had matured. Chapter 24, page 33, of the Acts of 1865-66, passed Janu- ary 18, 1806, provides for an additional issuance of bonds to various railroads to reequip them. Chapter 17, page 14, of the Acts of 1867-68, passed Decem- ber 7, 1867, also provides for issuance of new bonds to enu- merated railroads. Chapter 23, page 25, of the Acts of 1870-71, passed Decem- ber 21, 1870, is the Act under which the bill was filed in the Chancery Court at Nashville for the sale of delinquent rail- roads. The Report, dated August 11, 1858, of the Joint Select Committee of 1857-58, appointed to investigate the offices of Comptroller and Secretary of State, shows when and how many bonds were issued to the various roads. See Stevens v. Tennessee Bailroads, Vol. 1, page 509. The bill filed in the Chancery Court at Nashville, January 20, 1871, in The State of Tennessee v. The Edgefield & Ken- tuclcy Railroad Company, shows the indebtedness of the rail- roads on account of the bonds issued at that date. — 3 — The indebtedness was as follows: Edgefield & Kentucky Railroad $2,081,179 71 Nashville & Northwestern Railroad 4,541,129 41 Memphis, Clarksville & Louisville Railroad 2,953,795 92 McMinn\alle & Manchester Railroad 1,099,578 00 Winchester & Alabama Railroad 1,790,536 70 Southwestern Railroad 503,000 00 Knoxville & Kentucky Railroad 2,816,176 00 Cincinnati, Cumberland Gap & Charleston R.R. 1,657,108 52 Knoxville & Charleston Railroad 816,500 00 Rogers ville & Jefferson Railroad 513,013 20 East Tennessee & W. North Carolina Railroad. . 448,000 00 This bill shows that as early as 1860, or the beginning of 1861, the Governor, under the provisions of the Act of 1852, appointed Adna Anderson receiver of the Edgefield & Ken- entucky Eailroad, and that the receivers since the war were R. B. Cheatham, John B. Brownlow, E. A. Fort and William Connell. The bonds issued previous to the war aggregated $961,000. After the war there were issued $1,275,500. The bonds, with interest, amounted, January 1, 1871, to $2,081,179.71. There were issued to the Winchester & Alabama Eailroad, prior to the war, $433,000, and $984,000 after the war. See Becord in Buchanan, Governor, against the K. & 0. B. B. Report to the General Assembly on the Condition of the Railroads in Tennessee, by H. F. Cummins, Road Commissioner. To the Gentlemen of the Senate and House of Bepresenta- tives — In compliance with the Act of February 3, 1858, I herewith submit the following report of the business and operations of the railroads in Tennessee, which have made 'their reports to me for the year 1859 . I have necessarily been delayed in the preparation and presentation of this report, by the want of promptness in some of the railroad companies to forward their reports at the time required by law. Some of them have not yet done — 4 — it, and nothing further can be known officially of them than what appears in the published report of my predecessor. These, however, are roads that are merely in progress of construction, and do not approach completion. All the information I have as to their condition will be found under the head of "Roads Commenced and Work Suspended," in tabular statement of the roads in the State. It will be seen that I do not attempt the statistics or progress of the roads for 1858. For that year the present incumbent has no data from which to collect information, as he came into office during the present year. No reports were made to him or, he is informed, to his predecessor, except in one or two instances, and they furnish but few facts not already stated in their reports of 1859. I have deemed it unnecessary in this report to notice the several lines of roads in contemplation, no portion of which has been placed under contract, or the means provided for their construction. The following condensed reports of the railroad companies of the State will show to your honorable body the condition of their business operations for the fiscal year ending June 30, 1859 : MEMPHIS & CHARLESTON. A reference to the tabular statement of this road is, of itself, enough to show the fact that it properly ranks as one of the great thoroughfares of the nation, connecting the Atlantic Ocean with the Mississippi River. Its cars are at all times crowded with passengers and freight, running from East to West. Its line is intersected necessarily by all roads connecting the Gulf of Mexico with the Ohio and Mississippi, north of its latitude, and the many feeders coming into it at various points with shorter lengths of roadway, all combine to make it one of the most successful railroad enterprises of the age. The superior judgment which characterizes its manage- — 5 — ment can not fail to elicit our admiration, and will, doubtless, result in the increased prosperity of the company. The figures below show the — Gross earnings of this road to June 30 $1,330,812 40 Less road expenses for the year 552,776 40 Leaving net earnings $ 778,036 00 Which is equal to 12^ per cent on the total cost of road and equipments, amounting to $6,188,033.49. The gross receipts for 1858 (not ofl&cial) are $964,401.65, showing an increase for 1859 over 1858 of $366,401.75. With such results as this, what may not Tennessee expect from her railway system when the whole is completed ? TABLE I. Total amount of capital stock sub- scribed $2,500,000 00 Total amount of capital stock paid in *2,237,665 00 Amount of State aid granted to road- way $1,002,000 00 Amount of State aid granted to bridges 100,000 00 1,102,000 00 Amount of State aid received 1,100,000 00 Funded debt due on State bonds $1,100,000 00 Funded debt due to others than the State 1,600,000 00 2,700,000 00 Amount of floating debt 443,616 01 Cost of roadway $3,532,809 30 Cost .of iron 1,911,494 79 Cost of equipments 744,729 40 Receipts from passengers $ 751,923 01 Receipts from freight 509,991 66 Receipts from all other sources 68,897 73 6,188,033 49 1,330,812 40 - Per last report, capital stock, $2,240,650. The decrease is accounted for by not having been taken and passed to the credit of capital stock at our last report, and since forfeited and charged off as authorized by the charter. ■6 — Total expenditures Net receipts for the year ending June 30, 1859 Cost, i^er cent, of earnings per year . . Amount of earnings paid to interest on State loan Amount paid on sinking fund Total length of road including branches Total length of road in Tennessee .... Total length of road finished, includ- ing branches Total length of road finished in Ten- nessee 552,776 40 778,036 00 42 66,000 00 16,463 75 287.56 miles 100.20 miles 287.56 miles 100.20 miles TABLE II. CASH REALIZED FROM SALE OF STOCK AND STATE Amount Sold. Value, Per Cent. Cash Realized. Stock $2,237,665 00 1,600,000 00 1,100,000 00 par 87.52 par $2,237,665 00 1,400,303 24 1,100,000 00 Company bonds State stock TABLE III. CLASSES OF FUNDED AND BONDED DEBT. Date of issue Date of payment . . . Rate of interest Int., when payable. Int., where payable. Nature of security. . Am't Sinking Fund. State Loan. Six per cent . . Jan. and July. New York 1st mtg. by law $16,463.75 pd. Company Bonds. May 1,1854... May 1,1880... Seven percent. May and Nov. New York Istmtg. by deed Convertible or Stock Bonds. All Company Bonds issued are convert- ible until May, 1864. CHARACTERISTICS OF THE ROAD. Total length of road 271 .56 miles. Total length of road in Tennessee 100.20 miles. Total length of road finished 271 . 56 miles. — 7 — Total length of road finished in Tennessee 100.20 miles. Length of branches owned by company 16.00 miles. Length of branches owned by company, finished. 16.00 miles. Length of road under contract, not finished None. Length of road graded All. Length of road under contract, not finished, in Tennessee None. Length of road graded in Tennessee All. Aggregate length of sidings, exclusive of branches 20 miles. Number of sidings and turnouts 19 exclusive of regular depots. Weight of rail per lineal yard on main line 60 lbs. Number of tons per mile on main line 105.5 of 2,000 lbs. Weight of rail per lineal yard on branches 60 lbs. Number of tons per mile on branches 105-5 Maximum g/ade on main line 47.5 Maximum grade on branches 47.5 Total rise going on main line 3726.953 feet. Total fall on main line 3515.808 feet. Shortest radius of curvature on main line 4.5 degrees. Total degrees of curvature in main road 2514.16 Total length of straight line in main road 226.35 miles. Total length of curved line in main road 45.21 miles. Width of earth excavation at grade 22 feet. Average slope of earth excavation 1 to 1. Width of rock excavation at grade 18 feet. Average slope of rock excavation at grade 0.25 to 1. Width of embankments at grade 14 feet. Number of truss bridges 13 Aggregate length of truss bridges 4557 feet. Number of draw bridges 1 Aggregate length of draw bridge 140 feet. Aggregate length of trestling 31,663 feet. Number of crossties per mile 2112 Dimension of crossties 8x10, 8x8, 8.5 ft. Character of timber used White and post oak and cedar. Character of joint fastenings Wro't iron chairs. Weight of wrought and cast iron chairs About 8 lbs. Number of miles of road ballasted 20 Number of railroads crossed at grade 2 Number of way stations for express trains 33 Number of flag stations 26 Number of engine houses 5 Number of machine shops 2 Number of wooden depot buildings 24 — 8 — Number of brick depot buildings ' 9 Number of turntables 6 Number of wood and water stations 30 Number of repair houses 33 EQUIPMENT OF ROAD. Number of locomotives 36 Number of passenger cars 38 Number of baggage and express cars 14 Number of box freight cars 232 Number of platfrtrm cars 197 Number of gravel cars 41 Number of road cars 67 Number of stock cars 25 Weight of passenger engines (exclusive of tenders) 14 td 26 tons. Weight of freight engines (exclusive of tenders). . 18 to 24 tons. Weight of box freight cars 9 tons. Weight of passenger and baggage cars 15 tons. Width and length of passenger and baggage cars . . 44x10 feet. Width and length of freight cars 28x8 ft. 6 in. BUSINESS OF THE YEAR IN TRANSPORTATION. Number of miles run by passenger trains 252,397 Number of miles run by freight trains 231,335 Number of miles run by other trains 78,309 Total number of miles run by all 562,041 Number of through passengers 53,935 Number of way passengers 176,972 Total number of passengers carried in cars 230,907 Rate of fare charged per mile for through passen- ger's 31 cents. Rate charged for through passengers 8.84 Rate charged for way passengers 4 cents. Average rate charged for passengers .3.8 Rate of speed adopted by express 'trains, includ- ing stops 17.5 miles per hr. Rate of speed adopted by express trains in motion 21 miles per hour. ' Rate of speed adopted by accommodation trains, including stops 17.5 miles per hr. Rate of speed adopted by accommodation trains in motion 21 miles per hour. ' Rate of speed adopted by freight trains, including stops. ........ 12 miles per hour. — 9 — Rate of speed adopted by freight trains in motion 15 miles per hour. Average weight of passenger trains, exchisive of passengers and baggage 75 tons. Average weight of freight trains, exclusive of freight 180 tons. Average number of officers and agents for past year in construction department 4 Average number of laborers 34 Average number of officers and agents in transpor- tation department •• 57 Average number of laborers in transportation department 782 Total average number employes past year 877 ACCIDENTS OP PAST YEAR. Total number of passengers killed 1 Total number of other persons killed 5 Total number of other persons injured 2 One man on track after dark, supposed to be insane, killed. One passenger jumped off cars to avoid paying fare, 25 cents, killed. One brakeman attempted to get on cars when in motion, killed. One brakeman fell between freight cars when in motion, killed. One drunken man staggered on track between engine and cars, killed. One conductor of passenger train thrown off track by cattle, killed. Two negroes asleep on track at night, injured. None of the above accidents occurred from negligence or unskill- fulness of the employes of the road. THE NAMES OF THE PRINCIPAL OFFICERS OF THE COMPANY. Samuel Tate, President; George Robertson, Secretary; W. B. Waldron, \V. D., Samuel Cruse, E. D., Treasurers; M. B. Pritchard, Chief Engineer; B. Ayres, W. D., W. J. Ross, E. D., Superinten- dents. The principal office'!and address of the company is at Memphis, Shelby County. -10 — ft MISSISSIPPI & TENNESSEE. This road is in running order to Panola, Mississippi, a dis- tance of lifty-niue miles. From Panola to Grenada there is an unfinished break of forty miles, which is in progress of construction, and a portion of the grading linished. The Mississippi & Tennessee falls into the line of the Mississippi Central at Grenada, and that road connects with the New Orleans & Jackson road at Jackson. Thus a con- tinuous line of railway is formed from Memphis to New Orleans, When the Memphis & Ohio, and the Memphis, Clarksville & Louisville complete their lines, a through line in this way will be obtained from Louisville via Memphis to New Orleans. The tables of this road will show its earnings to October 1, to which reference is made. TABLE I. STOCK AND DEBTS — BUSINESS OF THE YEAR. Total amount of capital stock sub- scribed $ 859,000 00 Total amount of capital stock paid in 798,285 40 Amount of State aid granted to road- way 98,000 00 Amount of State aid received 98,000 00 Funded debt due on State bonds $ 98,000 00 Funded debt due to others than the State 456,9-49 07 554,949 07 Amount of floating debt 319,518 06 Cost of road and equipment 2,000,000 00 Receipts^rom passengers 65,391 42 Receipts from freights 106,269 56 Receipts from all other sources 5,594 07 177,255 95 Total expenditures 60,029 49 Net receipts 117,226 46 Amount of earnings paid to interest on State loan 5,880 00 —11— Total length of road 99 miles 300 feet. Total length of road in Tennessee 9.75 miles. Total length of road finished 59 miles. Total length of road finished in Ten- nessee 9 . 75 miles. CASH REALIZED FROM SALE OF STOCK AND STATE BONDS. • Stock, amount sold .$798,285 40 Cash realized for same $698,285 40 State bonds sold 98,000 00 CLASSES OF FUNDED AND BONDED DEBT. Date of issue company's bonds, October 1, 1856; date of pay- ment, 1876; rate of interest, 7 per cent; payable October 1 and April 1, in New York; nature of security, first mortgage. TABLE II. CHARACTERISTICS OF THE ROAD. Total length of road 99 miles 300 feet. Total length of road in Tennessee 9 . 75 miles. Total length of road finished 59 miles. Total length of road finished in Tennessee 9.75 miles. Length of branches owned by company None. Length of branches owned by company, finished. None. Length of road under contract but not finished. . . 40 miles 300 feet. Length of road graded 9 miles. Length of road under contract, but not finished in Tenhessee None. Length of road graded in Tennessee 9.75 miles. Number of way stations for express trains 8 Number of flag stations 8 Number of machine shops 1 Number of wooden depot buildings 8 EQUIPMENT OF ROAD. Number of locomotives 7 Number of passenger cars 5 Number of baggage and express cars 4 Number of box freight cars 27 Number of platform cars 68 Number of gravel cars 12 Number of road cars 8 Weight of passenger engines (exclusive of tenders) 22 tons each. Weight of freight engines (exclusive of tenders). . 24 tons each. — 12 — BUSINESS OF YEAR IN TRANSPORTATION. Number of miles run by passenger trains 36,500 Number of miles run by freight trains 32,350 Number of miles run by other trains 1,020 Total number of miles run by all 69,870 Number of way passengers 59,077 Total number of passengers carried in cars 59,077 Average rate charged for passengers 4.4 cents. Rate of speed adopted by express trains, including stops 20 miles. Rate of speed adopted by freight trains, including stops 10 miles. Average weight of passenger trains, exclusive of passengers and baggage 40 tons. ACCIDENTS OF PAST YEAR. Number of persons injured 1 Number of persons killed 2 NAMES OF THE PRINCIPAL OFFICERS OF THE COMPANY. F. M. White, President; C. F. Vance, Secretary and Treasurer; Niles Merriwether, Chief Engineer; M. W. Newell, Superintendent. The principal office and address of the company is Memphis, Shelby County, Tennessee. MISSISSIPPI CENTRAL TENNESSEE. This road, like the Mississippi Central, is but an extension of the New Orleans & Jackson Railroad from Grand Junction to the crossing of the Memphis & Charleston Eailroad to Jackson, Tenn., at which point it connects with the North Division of the Mobile & Ohio Railroad, now in running order to Columbus, Ky., a distance of eighty-seven miles. In a few weeks there will be a continuous line of finished railway from Columbus, Ky., via Jackson, Tenn., Grand Junc- tion, Holly Springs, Grenada and Jackson, Miss., to New Orleans, of which the Mississippi Central is an important link in the chain. The tabular statements of this road will show that its affairs have been managed with prudence and economy. — 13 — TABLE I. STOCK AND DEBTS — BUSINESS OF THE YEAR. Total amount of capital stock sub- scribed $3,358,000 00 Total amount of capital stock paid in .' 317,447 26 Amount of State aid granted to road- way $518,000 00 Amount of State aid granted to bridges 100,000 00 618,000 00 Amount of State aid received . 574,000 00 Funded debt due on State bonds $529,000 00 Funded debt due to others than the State 103,500 00 632,500 00 Amount of floating debt 22,368 93 Cost of road and equipment 975,618 95 Cost of equipments 82,908 64 Receipts from passengers $ 36,218 81 Receipts from freights 40,258 62 Receipts from all other sources 6,652 38 Total receipts 83,129 81 Total expenditures 38,463 15 Net receipts . 44,666 66 Amount of earnings paid to interest on State loan 33,090 00 Total length of road 47 . 4 miles. Total lengtli of road in Tennessee, finished 47 .4 miles. Cost of road per mile 20,371 70 State aid on roadway, originally $518,000 00 —14 — Four and one-half miles of road transferred to Mississippi Kail- road Company, and they, als6, transferred to Mississippi Cen- tral Railroad Com- pany's bonds to the amount of 45,000 00 State aid to bridges, origi- nally... $100,000 00 Transferred to Mobile & Ohio Railroad Com- pany 44,000 00 Amount of State aid received as above $473,000 00 56,000 00 $529,000 00 TABLE II. CASH REALIZED FROM SALE OF STOCK AND STATE BONDS. Stock Comp'y bonds. State bonds Amount Sold. $310,000 00 103,500 00 529,000 90 Value, Per Cent. par 79 94 Cash Realized. $310,000 00 . 82,577 00 173,210 32 Am't Realized in Iron and Equipments. $327,000 00 TABLE III. CLASSES OF FUNDED AND BONDED DEBT. State Loan. Company Bonds. Date of issue Date of payment. . Rate of interest. . . . Int., when payable Int., where payable Nature of security. 1855 and 1856 A. D. 1892... Six per cent . Jan. and July New York. . . Lien by law . 1857 and 1858. 1862 and 1863. Six per cent. April and Oct. Semi-annually Bolivar, Tenn. 2d mortgage. — 15 — TABLE IV. CHARACTERISTICS OF ROAD. Total length of road 47 . 4 miles. Total length of road in Tennessee 47.4 miles. Total length of road finished 47 .4 miles. Total length of road finished in Tennessee. 47.4 miles. Length of branches owned by company None. Length of road under contract not finished None. Length of road under contract not finished in Tennessee None. Length of road graded 47 . 4 miles. Length of road graded in Tennessee. 47.4 miles. Aggregate length of sidings, exclusive of branches, 11,900 feet. Number of sidings and turnouts 12 Weight of rail per lineal yard, main line 62 Number of tons per mile on main line 54.56 Maximum grade on main line 50 feet. Total rise going on main line, Jackson to Missis- sippi 758 Total fall on main line, Jackson to Mississippi . . . 688 Shortest radius of curvature, main line 1432 Total degrees of curvature main line 1164 Total length of straight line, Mississippi to Jack- son 41.15 Total length of curved line on main road 9.71 Width of earth excavation at grade 20 feet. Average slope of excavation 1 . 5 to 1 Width of rock excavation at grade No rock. Width of embankment at grade 14 feet. Number of truss bridges (2 Howe and 3 Beam) . . . 5 Aggregate length of truss bridges 479 Aggregate length of trestling 9028 Log drains 79 Number of brick culverts 28 Number of crossties per mile 2,200 Dimensions of crossties 6x8 [chestnut. Character of timber used Oak, cypress and Character of joint fastenings Wro't iron chair. Weight of wrought or castiron chair 8 pounds. Number of miles of road ballasted None. Number of miles of road fenced None. Number of public roads crossed at grade 24 Number of railroads crossed at grade None. Number of way stations for express trains 10 Number of flag stations - 3 — 16 — Number of engine houses 3 Number of machine shops None. Number of wooden depot buildings 3 Number of brick depot buildings 3 Number of turntables. 3 Number of wood and water stations 7 Number of repair houses 1 Number of cattle guards 68 Number of trestles 47 EQUIP.MENT OF ROAD. Number of locomotives 4 Number of passenger cars 3 Number of baggage and express cars 2 Number of box freight cars 10 Number of platform cars 31 Number of gravel cars. None. Number of road cars 5 Weight of passenger engines (exclusive of tender) 18 tons. Weight of freight engines (exclusive of tender) ... 22 tons. Weight of box freight cars 5 tons (estimated) Weight of passenger and baggage cars 8 tons (estimated) Width and length of passenger and baggage cars in feet 10 x 46 Width and length of freight cars in feet 10 x 26 Number of miles run by passenger trains 44,630 Number of miles run by freight trains 44,630 Number of miles run by other trains 9545 Number of miles run by all 54,175 Number of through passengers 23,472 Number of way passengers 23,472 Rate charged for through passengers 4 cents. Eate charged for way passengers 4 cents. Number of tons of through freight 14,264 Average rate of charge per mile of freight 8 cents per ton. Rate of speed by accommodation trains, including stops 16 miles an hour. Rate of speed by accommodation train in motion. 20 miles an hour. (Accommodation is the only train.) Average number of laborers 20 Average number of officers and agents, transport- ation department 14 Average number of laljorers, transportation department 13 Total average number of employes past year 62 Accidents of past year None. — IT- NAMES OP THE PRINCIPAL OFFICERS OF THE COMPANY. R.J. Neeley, President; Tracy Robinson, Secretary; C.J. Joy, Treasurer; , Chief Engineer; Tracy Robinson, Superin- tendent. NASHVILLE & CHATTANOOGA. This road was the pioneer road of the State, was built under great difficulties and for a large part of the way through a mountainous country, and necessarily at greater cost than other roads in the State, but it is the great connecting link between the east, middle and western parts of the general system of roads in the State, and was a necessity of the age. It has been open since 1853, and notwithstanding it has not had the advantage of any western connections by rail, and only the Cumberland River, whose navigation has been partial and uncertain, yet it has developed a large local busi- ness on its line, and its last report shows that it will pay remunerative dividends to its stockholders, even on its local business. Nashville and Louisville road has just been completed, giving this road a direct northern and western connection to Louisville and Cincinnati, and all the northwest, opening up a line of trade and travel between the center of the Ohio Valley — the great produce and grain marts of the West ; and Georgia, South Carolina and Alabama — the cotton-producing region of the South. The Edgefield and Kentucky road is progressing towards Henderson, Ky., giving it another direct line to the Ohio at that point, and connecting it with immense coalfields in this direction. The Northwestern Railroad is now under contract, and the work progressing, and when completed, will give this road a direct connection on the west with the Mississippi River at Hickman, Ky., as well as at Memphis via Memphis and Ohio Railroad, and with New Orleans and Mobile, by the Mississippi Central and the Mobile and Ohio, which will intersect it at Huntingdon. When these connections are completed, the friends of this enterprise may look with confidence to see their most sanguine hopes realized. — 18 — The following tabular statements will exhibit the detail of its operations, its present condition and future prospects. STOCK AND DEBTS — BUSINESS OF THE YEAR. Total amount of capital stock sub- scribed $2,035,621 64 Total amount of capital stock paid in and earned in interest 2,256,479 52 Amount of State aid granted to road- way, endorsed bonds 1,500,000 00 Amount of State aid received, en- dorsed bonds 1,500,000 00 Funded debt due to others than the State 24,000 00 Amount of floating debt 21 ,769 78 Total cost of roadway and equip- ments 3,632,882 56 Total cost of equipments 631,670 03 Receipts from passengers $291,873 81 Receipts from freights 341,193 39 Receipts from all other sources 42,764 62 Total receipts 675,831 82 Total expenditures 365,631 93 Net receipts 310,199 89 Amount of earnings paid to interest on State loans 98,190 00 Amount paid on sinking fund 20,500 00 Amount paid on surplus fund (pur- chase of company's endorsed bonds 11,330 00 Total length of road 159 miles. CHARACTERISTICS OF THE ROAD. Totaljength of road 149. 75 miles. Total length of road finished ". 149. 75 miles. Length of branches owned by company 44 miles. Length of branches owned by company, finished. 44 miles. Length of road graded 149. 75 miles. Aggregate length of sidings, exclusive of branches, 7.90 miles. Number of sidings and turnouts 34 Maximum grade on main line 105-60 feet. Maximum grade on branches 52 feet. Shortest radius of curvature on main line 6 degrees. Shortest radius of curvature on branches 4 degrees. — 19 — Width of earth excavation at grade 16 feet. Width of rock excavation at grade 14 feet. Average slope of earth excavation 6 inches to 1 foot. Average slope of rock excavation Plumb. Width of embankment at grades 12 feet. , Number of truss bridges 11 Aggregate length of truss bridges 4721 feet. Number of draw bridges 1 Aggregate length of draw bridges 158 feet. Aggregate length of trestling 8410 feet. Number of culverts of wood, including stock gaps, 215 Number of culverts of stone and brick 23 Number of crossties per mile 2,500 Dimensions of cross ties, joints 8 x 12, 8 ft. long. Small 8 X 8, 8 ft. long. Character of timber used Cedar, white and post oak. Character of joint fastenings Wro't iron clamps Number of miles of road ballasted About 22 Number of public roads crossed at grade 48 Number of railroads crossed at grade 1 Number of engine houses 1 Number of machine shops 1 Number of wooden depot buildings 6 Number of brick depot buildings 9 Number of turntables 1 Number of water stations 16 Number of repair houses 2 EQUIPMENT OF ROAD. Number of locomotives 39 Number of passenger cars 17 Number of baggage and express cars 6 Number of box freight cars 222 Number of platform cars 48 Number of gravel cars 15 Number of road cars 3 Number of coal cars. Number of stock cars Weight of passenger engines, exclusive of ten- ders 25 tons, average. Weight of freight engines, exclusive of tenders ... 26 tons, average. Weight of box freight cars 6 tons. Weight of passenger and baggage cars 8 tons. Width and length of passenger and baggage cars. . 9 x 40 feet. Width and length of freight cars 9 x 28 feet. — 20 — BUSINESS OF THE YEAR IN TRANSPORTATION. Number of miles run by passenger trains 220,230 Number of miles run by freight trains 150,115 Number of miles run by other trains 79,000 Number of miles run by all 449,345 Number of through passengers About 61,685 Number of way passengers About 117,895 Total number of passengers carried in cars 179,580 Rate of fare charged per mile for through passen- gers 3.3 Rate charged for through passengers 5 Rate charged for way passengers 4 cents per mile. Average rate charged for passengers 3.5 cents per mile. Average rate of charge per mile for through freight 1.7 Rate of speed by express trains, including stops. . 16 miles per hour. Rate of speed by express trains in motion 18 miles per hour. Rate of speed by accommodation trains, including stops 14 miles per hour. Rate of speed by accommodation trains in motion, 15 miles per hour. Rate of speed of freight trains, including stops. . . 7.5 miles per hour. Rate of speed by freight trains in motion 9 miles per hour. Average weight of passenger trains, exclusive of passengers and baggage 73 tons. Average weight of freight trains, exclusive of freight 164 tons. Average number of officers and agents past year, construction department None. Average number of laborers, in repairs of road, watching, etc 240 Average number of officers and agents, transpor- tation department 53 Average number of laborers, transportation de- partment 209 Total average number of employes past year 502 ACCIDENTS OP PAST YEAR. Number of persons injured None. Number of persons killed 3 Number of passengers injured None. Number of passengers killed None. — 21 — NAMES OF THE PRINCIPAL OFFICERS OF THR COMPANY. V. K. Stevenson, President; James A. Whiteside, Vice Presi- dent; W. A. Gleaves, Secretary and Treasurer; W. M. Pennington, Chief Engineer; E. W. Cole, Superintendent. The principal office and address of the company is at Nashville, Davidson County, Tenn. EAST TENNESSEE & GEORGIA. This road occupies a peculiar position. It seems to be a connecting link between two great systems of roads on the Northeast and on the Southwest— connecting a great family of roads from Boston, New York, Philadelphia, Baltimore, Washington, Richmond, Norfolk and Petersburg, on the North- east Atlantic, at Lynchburg, Virginia. Their entire traffic, in freight and travel, must pass over this road to the South and West; branching off at Cleveland, it connects with Chatta- nooga, and through the Nashville & Chattanooga Railroad, connects with all Middle and Northwestern Tennessee, and Southern Kentucky; and through the Memphis & Charleston, at same point, it connects with North Alabama, North Mis- sissippi and Southwestern Tennessee, carrying a very large travel to New Orleans, Memphis, and the whole southern por- tion of the Mississippi Valley. The Southern branch of this road from Cleveland connects at Dalton, Ga., with the Western & Atlantic Railroad, and through it with Charleston, Augusta, Savannah and Montgomery, and must become the great thoroughfare for the travel and trade of all Georgia, Middle and South Alabama and Florida, making an outlet to the Northeastern Atlantic States and cities. It is the connecting link of a great funnel of roads concentrating at each end of it, giving the people of East Tennessee an outlet in all direc- tions, and developing the vast natural resources of that por- ' tion of our State so long compelled to be dormant for the want of means of transportation to the sea-coast ; it is one of the links in the great central chain of roads connecting the Northeast Atlantic States and cities with the agricultural —22 — regions of the Mississippi Valley and Gulf States, is rapidly becoming one of the great highways of the nation. It is one of the most permanently constructed and economically operated roads in the State, and its tabular statements are referred to with' pleasure, as exhibiting sound judgment and skillful management on the part of its officers. TABLE I. STOCK AND DEBTS — BUSINESS OF THE YEAR. Total amount of capital stock sub- scribed No means of knowing. Total amount of capital stock paid in , $1,279,652 82 Amount of State aid granted to road- way. $1,062,000 00 Amount of State aid granted to bridges 100,000 00 1,162,000 00 Amount of State aid received $970,000 00 Amount of State aid receeived on bridges 100,000 00 1,070,000 00 Funded debt due on State bonds. . . . $1,070,000 00 Funded debt due to others than State 950,000 00 2,020,000 00 Amount of floating debt 200,000 00 Total cost of road 3,637,366 99 Receipts from passengers $174,475 81 Receipts from freight 122,242 25 Receipts from all other sources 22,000 00 Total receipts 318,718 06 Total expenditures 131,151 76 Net receipts 187,566 30 Total length of road 140 miles. Total length of road in Tennessee . . . 125 miles. Total length of road finished 140 miles. Total length of road finished in Ten- nessee 125 miles. Cost of road per mile 25,981 20 — 23 — TABLE II. CLASSES OF FUNDED AND BONDED DEBT. Date of issue . Date of payment state Loan. Rate of interest Int., when payable Int., where payable. Nature of security . . Amt. sinking fund, $15,600 10. From July 1, 1850, to Jan. 1,1858 July 1, 1892, & Jan. 1, 1898.. 6 per cent Julyl and Jan 1, each year. New York . . . State lien . Company Bonds. July 1, 1850, & Jan. 1, 1855 July 1, 1880, & Jan. 1,1895.. 6 per cent July land Jan- uary 1 New York and Augusta. . Mortgage. • Endorsed Bonds. July 1, 1856. July 1, 1886. 6 per cent. July 1 and Jan- uary 1. New York. State lien. TABLE III. CHARACTEEISTICS OP THE ROAD. Total length of road (all finished) Abput 140 miles. Total length of road in Tennessee (all finished) ... 125 miles. Length of branches owned by company None, both lines counted as main stem. Length of road graded A^^- Aggregate length of sidings, exclusive of branches. About 8 miles. Number of sidings and turnouts 21 Weight of rail per lineal yard on main line 57 pounds. Number of tons per mile on main line 100 [ft. new. Maximum grade on main line 36 ft. old line, 58 Shortest radius of curvature on main line 1432 feet. Width of earth excavation at grade 16 to 22 feet. Width of rock excavation at grade 16 feet. Width of embankments at grade 15 feet average. Average slope of earth excavation 9 inches to 1 ft. Average slope of rock excavation at grade 3 inches to 1 ft. Number of truss bridges - Aggregate length of truss bridges 2100 feet. Aggregate length of trestUng 300 ft., temporary Number of crossties per mile 2200 Dimensions of crossties 8 x 9, 8 feet. Character of timber used Oak, generally. Charap ter of joint fastenings Wrought iron. Weight of wrought iron chairs 6 lbs. — 24 — Number of engine houses 1 Number of machine shops 1 Number of wooden depot buildings 7 Number of brick depot buildings 7 Number of turntables 6 Number of wood and water stations 14 Number of repair houses 20 EQUIPMENT OF KOAD. Number of locomotives 12 Number of passenger cars 10 Number of baggage and express cars 6 Number of box freight cars 95 Number of platform cars 20 Number of gravel cars 40 Number of road cars 10 Accidents of past year None. NAMES OF THE PRINCIPAL OFFICERS OF THE COMPANY. C. Wallace, President; Hu. L. McClure, Secretary and Treasurer; liobert C. Morris, Chief Engineer; R. C. Jackson, Superintendent. The principal office and address is at Knoxville, Knox County, Tennessee. EAST TENNESSEE & VIRGINIA. This road has been built under great difficulties and embarrassing circumstances, its line running through a sparsely populated country, where it was diflfieult to obtain the necessary capital for its construction, and hence its embarrassed condition during almost its entire existence. Yet it has been well and economically built, and will bear a favorable comparison in its construction and equipment with Southern railroads. With all its embarrassments it has progressed steadily to a final completion, and has met promptly the interest and sinking fund due to the State. Its business is rapidly increasing, and being an extension of the great system of roads between the Southwestern and the Northeastern Atlantic States and cities. It, too, like the East Tennessee & Georgia Railroad, is destined to occupy a com- manding position when all its connections are completed, and to control a large travel. Its building was necessary to the perfection of our gen- —25 — eral system, and has been looked upon by the people and the State rather as an orphan child, but has received the liberal aid and support of both, until it is now about grown and educated, and it is hoped and believed will hereafter be able to take care of itself and reflect credit upon its projectors aud those who have stood by it in its darker hours, and finally return forth to them and the State a handsome reward for the fostering aid extended to it in its time of need. Its position will command the trade and travel, and with wise, prudent and judicious management it is believed will become a permanent, reliable and profitable property. The tabular statements and notes of explanation will show to your honorable body the present condition of the affairs of this company. TABLE I. STOCK AND DEBTS — BUSINESS OF THE YEAR. Total amount of capital stock sub- scribed $593,050 00 Total amount of capital stock paid in. 556,654 39 Amount of State aid granted to road- way $1,302,000 00 Amount of State aid granted to bridges 300,000 00 Amount of State aid received 1,602,000 00 Funded debt due on State bonds .... $1,602,000 00 Funded debt due to others than State (endorsed bonds) 200,000 00 Funded debt due to others than State (first mortgage) 100,000 00 1,902,000 00 Amount of floating debt 390,407 29 Total cost of road and equipments . • . 2,466,397 29 Cost of equipments 156,364 30 Receipts from passengers 176,491 82 Receipts from freight 83,854 02 Receipts from all other sources 37,459 87 Total receipts 297,805 71 Total expenditures 148,638 04 Net receipts 149,167 67 Amount of earnings paid to interest on State loan 96,120 00 Amount paid on sinking fund 6,000 00 — 26 — Total length of road (all finished) Total length of road in Tennessee (all finished) Cost of road per mile 130.28 miles 130.28 miles $18,931 51 TABLE II. CASH REALIZED FROM SALE OF STOCK AND STATE BONDS. Amount Sold. Value, Per Cent. Cash Realized. Stock Company bonds indorsed. First mortgage Stock State bonds $ 593,050 00 200,000 00 96,000 00 61,750 00 1,602,000 00 par 95.82 61.87 par ^99.00 $ 556,654 39 190,400 00 59,395 41 61,750 00 l,58ff,000 53 =•' See notes and explanations, item 5, page 29. TABLE III. CLASSES OF FUNDED AND BONDED DEBT. Date of issue. . . Date of paym't . Rate of interest Interest, when payable Interest, where payable Nature security Am'nt Sinking Fund State Loan. Six per cent . . Jan. 1 & July 1 New York. . . . Lien on road andequipm't $17,528.72. Company Bonds. Indorsed May 1, '56; Istmtg.Jan. 1,'57. Indorsed May 1, '56; Istmtg. Jan. 1, '67. Six per cent. Indorsed May 1 and Nov. 1; 1st mtg. Jan. and July New York. Lien and mortgage on road. Convertible or Stock Bonds. Various date issued. Completion of the road. Interest ceased May 14, 1858. CHARACTERLSTICS OF THE ROAD. Total length of road 130.28 miles. Total length of road in Tennessee 130-28 miles. Total length of road finished 130.28 miles. Total length of road finished in Tennessee 130.28 miles. Length of branches owned by company None. — 27 — Length of road graded 130-28 miles. Length of road graded in Tennessee 130.28 miles. Aggregate length of sidings, exclusive of branches 5.11 miles. Number of sidings and turnouts 39 Weight of rail per lineal yard, main line 58 pounds. Number of tons per mile, main line 102 Maximum grade, main line 68 feet. Total rise going on main line 2626 feet, west. Total fall on main line 3406 feet, east. Shortest radius of curvature, main line 955 feet. Total degrees of curvature, main road 8473 degrees. Total length of straight line, main road 76.73 miles. Total length of curved line, main road 53.55 miles. Width of earth excavation at grade 18 feet. Width of rock excavation at grade 15 to 16 feet. Width of embankment at grade 12 feet. Average slope of earth excavation 9 inches to 1 foot. Average slope of rock excavation at grade 3 inches to 1 foot. Number of truss bridges H Aggregate length of bridges 2815 feet. Aggregate length of trestling 2401 feet. Number of culverts of wood None. Number of culverts of brick and stone 203 of stone. Number of crossties per mile • 2112 Dimensions of crossties 7x7, 8.5 feet. Character of timber used White & post oak. Character of joint fastenings, 30 miles Trimble's Patent splice block, remainder Cast iron chairs. Weight of cast iron chairs, average 19 lbs. Number of miles of road ballasted None. Number of miles of road fenced 20 Number of public roads crossed at grade 138 Number of railroads crossed at grade None. Number of way stations for express trains 20 Number of flag stations 1 Number of engine houses 2 Number of machine shops 1 Number of wooden depot buildings 15 Number of brick depot buildings 5 Number of turntables 6 Number of wood and water stations . 12 Number of repair houses 2 Description of rail used on main line T Gauge of road ^ '^^^• Number of arch bridges 4 Number of stringer bridges 40 — 28 — Total length of arch bridges 345 feet. Total length of stringer bridges 938 feet. Total number of cattle guards 343 EQUIPMENT OF ROAD. Number of locomotives 10 Number of passenger cars 10 Number of baggage and express cars 4 Number of box freight cars 64 Number of platform cars 35 Number of gravel cars 5 Number of road cars 20 Weight of passenger engines, exclusive of tender. 25 tons, average. Weight of freight engines, exclusive of tender. ... 26 tons, average. Weight of passenger and baggage cars 15,500 lbs. Weight of box freight cars 17,000 lbs. Width and length of passenger and baggage cars. . 44 ft.x8 ft. 10 in. Width and length of freight cars 30 ft. x8 ft. 7 in. BUSINESS OF YEAR IN TRANSPORTATION. Number of miles run by passenger trains 100,862 Number of miles run by freight trains 49,280 Number of miles run by other trains Not reported. Total number of miles run by all 150,142 Number of through passengers 24,573 Number of way passengers 40,765 Total number of passengers carried in cars 65,338 Rate charged per mile for through passengers. ... 2.97 cents. Rate charged for through passengers $3.97 Rate charged for way passengers 4 cents. Average rate charged for passengers 3.48 cts. per mile. Number of tons through freight 6,873 tons 580 lbs. Number of tons way freight 19,657 tons 619 lbs. Average rate of charge per mile of through freight 3.3 cents. Rate of speed by express trains, including stops. . 17 miles an hour- Rate of speed by express trains in motion 18 miles an hour. Rate of speed by accommodation trains, including stops 17 miles an hour. Rate of speed by accommodation trains in motion 18 miles an hour. Rate of speed by freight trains, including stops- . 10 miles an hour. Rate of speed by freight trains in motion 12 miles an hour. Average weight of passenger trains, exclusive of passengers and baggage 145,000 pounds. Average weight freight trains, exclusive of freight. 197,000 pounds. —29 — Average number of officers and agents for the past year in construction department None. Average number of laborers 216 Average number of officers and agents in transpor- tation department 36 Average number of laborers in transportation department 34 Total average number of employes for the past 286 vear ACCIDENTS OF PAST YEAR. Number of passengers injured None. Number of passengers killed None. Number of other persons injured None seriously. Number of other persons killed None. NAMES OF THE PRINCIPAL OFFICERS OF THE COMPANY. Samuel B. Cunningham, President; John Keys, Secretary and Treasurer; , Chief Engineer; W. S. Temple, Superin- tendent. The principal office and address of the company is at Jonesboro, Washington County, Tennessee. NOTES AND EXPLANATIONS. 1. $1,500,000 is the amount of capital authorized by the charter. 2. $529,800 was the amount of the subscriptions on June 30, 1858. On December 2, 1858, the Board of Directors declared 2,383 shares ($59,575) of unpaid stock forfeited. 3. In this $456,654.39 is included 906 shares of stock issued to individuals for stock bonds of the company, surrendered. 4. To this $593,050 will be added $61,750, for that amount of stock bonds issued to contractors and others in payment for work, etc., yet out, and on their surrender will increase the capital stock to $654,800. 5. The funded debt to others than the State is composed of bonds of the company, indorsed by the State $200,000 00 First mortgage bonds ' 100,000 00 — 30 — 6. The floating debt of the company is made up as follows: Bills payable $261,341 07 Bills payable with coupons 13,353 00 Bills payable for freight or fare 304 70 Interest 12,522 63 $287,521 40 To the credit of sundry persons and companies 102,885 89 $390,407 29 In addition to the above, the com- pany is chargeable with coupons of indorsed bonds, for which funds were deposited in the Bank of the Republic, New York, but the coupons have not yet come to this office, and are not charged to interest account 6,180 00 Amount suspense account 55,356 85 $61,536 85 To meet this amount the company has — To debit of banks $16,678 59 - To debit of railroads 10,410 33 To debit of agents and others 51,458 46 To debit of bills receivable 3,562 72 To debit of county bonds 3,000 00 To debit of first mortgage bonds. 2,500 00 Cash 1,434 31 Due from stockholders 36,395 61 V $125,440 02 7. The rate of interest payable on floating debt, six per cent, except some debts created in and due in other States, whose rate of interest is over six per cent. The amount is not large, and it is thought will not materially affect the average of six per cent. There has not been any sale of stock of this company at less than par. The counties of Washington and Jefferson subscribed $50,000 each, and paid their subscriptions in their bonds. At the time of subscribing, the $100,000 of bonds were sold at a loss of $5,325, the payment being thus in advance of other subscriptions, giving the company the use of that amount of funds. It is thought the use of the sum received, and interest on it until maturity of the several calls on subscriptions, is at least equal to the loss on the bonds. Bonds of the company indorsed by the State, $200,000 — 31 — issued, sold at a loss of five per cent; 8000 sold at par; loss oa the issue, $9,600, or 4.8 per cent on the amount. First mortgage bonds, 100,000 issued— 4000 on hand— $96,000 sold at a loss of $36,604.59, or 38.13 percent on the amount sold. Stock bonds are bonds issued by the company, to contractors and others, in payment for work or materials for construction, at par, redeemable in stock of the com- pany on completion of road. The interest ceased on May 14, 1858. State bonds issued to the company. . . $1,602,000 00 300,000 sold at premium of (charged to exchange account) $26,580 00 132,000, part hypothecated and sold to pay the debt at a loss (charged to profit and loss) $18,544 50 90,000 sold at par on time, rates dis- counted for cash at loss of (in- terest account 10,288 75 82,000 hypothecated and sold to meet the debt at a loss of (as claimed, account not yet settled) 13,746 22 $42,579 57 If the loss on $82,000 is allowed and settled as claimed, the loss, over premium, on the $1,602,000 will be 15,994.47, or a fraction under one per cent. The sums stated have been realized, either in cash, materials for construction, or iron and equipment, less cost of collection, etc. TVINCHESTER & ALABAMA. The completion of this road will doubtless impart new life and energy to the industry and enterprise of a large scope of country through which its trains daily pass, open- ing out a channel of communication between sections of country heretofore quite inaccessible, at the same time affording cheap transportation for the surplus products of those living within the favored bounds of its line of roadway. The main stem was commenced some years ago, but the work was suspended and remained in that condition until the organization of the present company, when it was resumed and finally completed. The road is well constructed — bridges, trestles and culverts substantially built. Connecting — 32 — at Decherd, with the Nashville & Chattanooga Railroad, it will become one of its most important feeders. The tabular statements of this road will show its condition and earnings from its construction trains. TABLE I. STOCK AND DEBTS — BUSINESS OF THE YEAR. Total am't of capital stock subscribed $254,394 42 Total amount of capital stock paid in, 216,962 51 Amount of State aid granted to road- way $387,000 00 Amount of State aid granted to bridges 80,000 00 467,000 00 Amount of State aid received 413,000 00 Funded debt due on State bonds 413,000 00 Funded debt due to others than the State None. Amount of floating debt None. Cost of road 408,477 13 Receipts from all sources (earned by construction train) 1,248 90 No regular train for passengers and freiglit to date. TABLE II. CLASSES OF FUNDED AND BONDED DEBT. Dates of issue of State loan. May, June, July and December, 1858, and January and June, 1859; dates of payment, 1888 and 1898; rate of interest on State loan, 6 per cent; interest, when payable, January 1 and July 1 ; interest, where payable, New York; nature of security, lien on road, equipments, etc.; amount of sinking fund, none yet. TABLE III. CHARACTERISTICS OF THE KOAD. Total length of road 38 miles 80 feet. Total length of road in Tennessee 38 miles 80 feet. Total length of road finished 30 miles. Total length of road finished in Tennessee 30 miles. Length of branches owned by company None. Length of road under contract, but not finished. . None. Ijength of road graded in Tennessee 38 miles 80 feet. — 33 — Aggregate length of sidings, exclusive of branches, 2820 feet. Number of sidings and turnouts 3 Weight of rail per lineal yard on main line 58 pounds. ' Number of tons per mile on main line 90 Maximum grade on main line 75 feet. Total rise going on main line 658.7 feet. Total fall on main line 950.8 feet. Shortest radius of curvature on main line 955 feet. Total degrees of curvature on main line 1000 Total length of straight line on main road 33 miles 3,947 ft. Total length of curved line on main road 5 miles 643 feet. Width of earth excavation at grade 17 feet. Width of rock excavation at grade 17 feet. Width of embankments at grade 12 feet. Average slope of earth excavation 9 inches to 1 foot. Average slope of rock excavation Plumb. Number of truss bridges 1 Aggregate length of truss bridges 420 feet. Aggregate length of trestling 1800 feet. Number of stone and brick culverts (all stone) ... 22 Number of crossties per mile 2200 Dimensions of crossties 6 x 7, 9 feet long. Character of timber used White and post oak and cedar. Character of joint fastenings Clamps of wro't iron, 8.5 inches. Weight of wrought or cast iron chairs 8.5 pounds. Number of public roads crossed at grade 13 EQUIPMENT OF KOAD. j\[achiuery and cars used belong to Nashville & Chattanooga Railroad Company. ACCIDENTS OF PAST YEAK. Total number of passengers injured 3 Total number of passengers killed 1 Total number of other persons injured 1 Total number of other pei'sons killed 1 NAMES OP THE PRINCIPAL OFFICERS OF THE COMPANY. V. K. Stevenson, President; James R. Bright, Secretary and Treasurer; Thomas L. Estill, Chief Engineer. The principal office and address of the company is at Fayette- ville, Lincoln County, Tenn. 3 — 34 — McMINNVILLE & MANCHESTER. This road is under the control of the Nashville & Chatta- nooga Railroad Company, who have agreed to take it and run it for five years, or until its earnings pay its engagements to the State and to that company. A reference to the tabular statements of this road will show the aggregate earnings for 1858 and 1859 to be $27,785.78. The business of this road is increasing, and, it is hoped, will, in a few years, be able to meet all its liabilities. At present its earnings are not sufficient to pay the amount of interest on bonded debt to the State. Net earnings for 1859 $16,448 05 Net earnings for 1858 11,237 73 Increase $ 5,210 32 TABLE I. STOCK AND DEBTS — BUSINESS OF THE YEAR. Total amount of capital stock sub- scribed $152,156 77 Total amount of capital stock paid in 144,894 03 Amount of State aid granted to road- way $342,000 00 Amount of State aid granted to bridges 30,000 00 372,000 00 Amount of State aid received 372,000 00 Funded debt due on State bonds .... $372,000 00 Funded debt due to others than the State 34,000 00 406,000 00 Amount of floating debt 5,000 00 Cost of road and equipment 590,623 66 Cost of equipments (including depots and way stations) 56,816 34 Receipts from passengers for 1858-59. $ 23,102 52 Receipts from freights for 1858-59 . . . 20,912 93 Receipts from all other sources for 1858-59 3,599 96 Total receipts for 1858-59 47,615 41 Total expenditures for 1858-59 19,829 63 Net receipts for 1858-59 27,785 78 — 35 — Amount of earnings paid to interest on State loan and exchange $22,347 94 Total length of road (all in Tennessee) 34.2 miles. Total length of road finished 34.2 miles. Cost of road per mile 17,269 70 TABLE II. CASH REALIZED FROM SALE OP STOCK AND STATE BONDS. Stock Company bonds State bonds Amount Sold. $ 34,000 00 372,000 00 Vahie, per Cent. par. par. Cash Realized. $ 34,000 00 137,000 00 Amount in Iron and Equipment. $235,000 00 TABLE III. CLASSES OF FUNDED AND BONDED DEBT. Date of issue Date of payment Rate of interest Interest, when payable . Interest, where payable Nature of security Amount sinking fund. . . State Loan. Six per cent 1st Jan. and July New York Lien on road Not yet payable. Company Bonds. January 1, 1856. January 1, 1866. 6.61 per cent. 1st Jan, and July. New York. TABLE IV. CHARACTERISTICS OF ROAD. Total length of road 34 . 2 miles. Total length of road in Tennessee 34 . 2 miles. Total length of road finished 34. 2 miles. Total length of road finished in Tennessee 34.2 miles. Length of branches owned by company None. Number of sidings and turnouts 7 Weight of rail per lineal yard, main line 62 pounds. Number of tons per mile on main line 100 EQUIPMENT OF ROAD. Number of locomotives 2 Number of passenger cars 2 Number of baggage and express cars 1 —36 — Number of box freight cars 5 Number of platform cars None. Number of gravel cars 2 Number of road cars None. Stock cars 5 Weight of passenger engines (exclusive of tender) 23 tons. Weight of freight engines (exclusive of tender) . . 23 tons. Weight of box freight cars 6 tons. Weight of passenger and baggage cars 7 tons. Length and width of passenger and baggage cars. 40x9 feet. Length and width of freight cars 28x9 feet. BUSINESS OF YEAR IN TRANSPORTATION. Number of miles run by passenger trains 32,065 Number of miles run by freight trains 32,065 Total number of miles run by all 32,065 Rate of fare charged per mile for through passen- gers 4.3 cents. Rate of fare charged per mile for way passengers. 4.3 cents. Rate charged for through passengers $1 .50 Average rate charged for passengers 4.3 cents per mile. Average cost of transportation per mile of through freight No through rate. Rate of speed by accommodation trains, including stops 12 miles per hour. Rate of speed by accommodation train in motion . 16 miles per hour. Average weight of passenger trains, exclusive of passengers and baggage 51 tons. Average weight of freight trains, exclusive of freight 51 tons. Average number of laborers 13 Average number of officers and agents in transpor- tation department 5 Average number of laborers in transportation department 6 Total average number employed for past year 24 NAMES OF THE PRINCIPAL OFFICERS OF THE COMPANY. P. H. Marberry, President; H. H. Harrison, Secretary and Treasurer; , Chief Engineer; E. H. Cole (Nashville), Superintendent. The principal office and address of the company is at McMinn- ville, Warren County, Tennessee. -37— LOUISVILLE & NASHVILLE. This road has just been completed, is one of the best con- structed roads in the country, and occupies a link in the great center of the Ohio Valley with Middle Tennessee, North and South Carolina, Georgia and Alabama — passing through Nash- ville, the capital of the State, connecting with ^the Southeast Atlantic through the Nashville & Chattanooga Railroad, and with Alabama through the Tennessee & Alabama and Central Southern Railroad, which will be completed to Decatur, Ala., in a few months, there connecting with the Memphis & Charles- ton Railroad and its connections. This connection is also designed to be continued south from Decatur via Selma-to the Gulf of Mexico, making the great North and South line between the Ohio Valley and the Gulf, connecting the grain and stock-growing regions of the North with the sugar and cotton regions of the South, and forming one of the great central connections of the General Internal Improvement System of Tennessee. The tide of travel, already passing over it, and the productions of the Ohio Valley passing to the Southeast seeking a market in Carolina and Georgia, is but the beginning of the realization of the hopes of the proprie- tors of this great central artery of commerce, bringing us together on the North and South, with the iron bonds of com- merce and pecuniary interest as well as social intercourse, the great moving principles of a permanent bond of union. The tabular statements herewith appended will show the cost and general features of this road in its construction and equipments. As it has just been opened, its operations have yet to be tested ; but from its favorable location, permanent construction, and its present beginning, its future cannot be doubted, TABLE I. STOCK AND DEBTS — BUSINESS OP THE YEAR. Total amount of capital stock sub- scribed $3,578,800 00 Total amount of capital stock paid in. 3,533,671 16 ■38- Amount of State aid granted to road- way $450,000 GO Amount of State aid granted to bridges 100,000 00 Amount of State aid received $450,000 00 Amount of State aid received on bridges 100,000 00 Funded debt due on State bonds, Oc- tober 1st $ 40,000 00 Funded debt due to others than the State, October 1st 000,000 00 Amount of floating debt Cost of road and equipments, inter- est, etc Cost of equipments Total receipts from passengers from Oct., 1857, to Oct., 1859 $207,607 95 Receipts from freights from Oct., 1857, to Oct., 1859 197,528 46 Receipts from mails from Oct., 1857, to Oct., 1859 15,806 39 Receipts from express from Oct., 1857, to Oct., 1859 5,119 01 Expenditures Net receipts for two years to Oct. 1, 1859 Total length of road finished 185 miles. Total length of road in Tennessee ... 45 miles. Total length of road finished in Ten- nessee 45 miles. $550,000 00 550,000 00 1,540,000 00 425,380 88 5,994,092 24 401,845 70 426,061 81 199,204 54 226,857 27 TABLE II. CASH RKALIZED FROM SALE OF STOCK AND STATE Amount Loaned. Cash Realized. Stock $ 133,671 16 1,147,200 00 486,000 00 Company's bonds State bonds $1,515,000 00 540,000 00 — 39 — TABLE III. CLASSES OF FUNDED AND BONDED DEBT. Date of issue Date of payment Rate of interest Interest, when payable Interest, where payable Nature of security State Loan. Jan. 1,1858 and 1859. 6 per cent Jan. 1st and July 1st New York State lien Company Bonds. July 1, 1859. 7 per cent. Jan. 1st and July 1st. New York. Mortgage. TABLE IV. CHARACTERISTICS OF THE ROAD. Total length of road 185 miles. Total length of road in Tennessee 45 miles. Total length of road finished ^85 miles. Total length of road finished in Tennessee 45 miles. Length of branches owned by the company 84 miles. Length of branches under contract, but not fin- ished 46.5miles. Aggregate length of sidings, exclusive of branches. 8.5 miles. Number of sidings and turnouts. 45 Weight of rail per lineal yard 60 pounds. Number of tons per mile on main line 95 and 85 Weight of rail per lineal yard on branches 52 pounds. Number of tons per mile on branches 82 tons. Maximum grade on main line 70 ft. per mile. Maximum grade on branches 52.8 Shortest radius of curvature on main line 955 feet. Shortest radius of curvature on branches 2640 feet. Total length of straight line on main road 140 miles. Total length of curved line in main road 45 miles. Width of earth excavation at grade 20 feet. Average slope of earth excavation 1 ft. horizonta to 4 ft. perpend'lar. Width of rock excavation at grade 18 feet. Average slope of rock excavation at grade 1 ft. h. to 4 ft. per. Width of embankments at grade 16 feet. Number of truss bridges 16_ Aggregate length of truss bridges 2970 feet. Number of draw bridges 1 Aggregate length of draw bridges 700 feet. Aggregate length of trestling 3110 feet. Number of crossties per mile 2640 —40 — Dimension of crossties 8 ft. by 6x7 inches Character of timber used White oak, post oak, and cedar. Character of joint fastenings Lip chair. Weight of cast or wrought iron chairs 10 lbs. Number of miles of road ballasted 75 miles. Way stations for express trains 27 Flag stations 9 Engine houses 4 Machine shops 3 Wooden depot buildings 16 Brick depot buildings 2 Turntables 6 EQUIPMENT OF ROAD. Number of locomotives 21 Passenger cars 14 Baggage and express cars 6 Box cars 102 Platform cars 60 Gravel cars 23 Road cars 40 BUSINESS OF THE YEAK 1858 IN TRANSPORTATION. Number of miles run by passenger trains 294,467 Number of miles run by freight trains 536,511 Total number of miles run by all 830,978 Number of through passengers ... 13,755 Number of way passengers 59,764 Rate per mile for through passengers 3f cents. Rate of speed adopted by express trains, including stops • 20 miles per hour. Rate of speed adopted by express trains when in motion 25 miles per hour. Rate of speed adopted by accommodation trains, including stops 15 miles per hour. Rate of speed adopted by accommodation trains when in motion 20 miles per hour. Rate of speed adopted by freight trains, including stops 12 miles per hour. Rate of speed adopted by freight trains in motion. 15 miles per hour. Average weight of passenger trains, exclusive of passengers and baggage 33 tons. Averageweightoffreighttrains,exclusiveof freight 56 tons. —41 — Average charge per mile for through passengers, 1859 4 cents. Average charge per mile for way passengers, 1859. 4 cents. ACCIDENTS OF THE YEAR. Number of persons killed, total 2 men. No accident occurred through negligence or unskillfulness of employes. NAMES OF PRINCIPAL OFFICERS OF THE COMPANY. John L. Helm, President; James Guthrie, Vice President; W. Ranuey, Secretary; , Treasurer; George McLeod, Chief En- gineer; James F. Gamble, Superintendent. Principal ofRce and address of the company is at Louisville, Ky. TENNESSEE & ALABAMA. This road is completed to within twelve miles of its terminus, at Mount Pleasant. On this break of unfinished roadway the work of construction is rapidly progressing, and in a short time will be in readiness for the passage of cars. The length of road in running operation is 45.81 miles, 17 miles of which has been finished since the date of the last report made to your honorable body. The tabular statements of this road do not show large earnings for a road of its length, but by the completion of the Central Southern road to its connection with the trunk line of the Memphis & Charleston Railroad at Decatur, Ala., its business in travel and freight will be greatly increased. In a few months this connection will be made and a through line of railway opened from Louisville, Ky., via Nashville, to Memphis and New Orleans. TABLE I. STOCK AND DEBTS — BUSINESS OF THE YEAR. Total amount of capital stock sub- scribed $1,081,783 33 Total amount of capital stock paid in . 595,922 80 —42 Amount of State aid granted to road- way $761,000 00 Amount of State aid granted to bridges 85,000 00 Amount of State aid received Funded debt due on State bonds $846,000 00 Funded debt duel to others than the State 14,000 00 Amount of floating debt Cost of roadway and equipments Cost of equipments Receipts from passengers $ 44,488 49 Receipts from freight 27,206 17 Receipts from all other sources 3,434 91 Total receipts Total expenditures Net receipts Total length of road, all in Tennessee 57.519 miles. Total length of road finished 45.81 miles. State aid granted to 57.5 miles of road $575,000 00 State bonds issued in lieu of indorsed bonds 186,000 00 State aid granted to bridges 85,000 00 Company bonds indorsed by State. . . 14,000 00 Making funded debt as above 846,000 00 860,000 00 204,544 55 1,185,0-53 48 76,016 39 75,129 57 27,550 11 47,579 46 860,000 00 TABLE II. CASH REALIZED FROM SALE OF STOCK AND STATE BONDS. Stock Company bonds. State bonds Amount Sold. $ 14,000 00 457,000 00 Value, Per Cent. 75 97 Cash Realised. $ 10,500 00 443,372 50 — 43 — TABLE III. CLASSES OF FUNDED AND BONDED DEBT. Date of issue Date of payment Rate of interest Interest, when payable. Interest, where payable. Nature of security Amount of sinking fund State Loan. 1854 and 1858. Six per cent Jan. 1 and Julj' 1 New York State lien. $0,000.00. Company Bonds. 1856. Six per cent. Jan. 1 and July 1. New York. TABLE IV. * CHARACTEKISTICS OF THE ROAD. Total length of road 57 .519 miles. Total length of road in Tennessee 57 . 519 miles. Total length of road finished 45.81 miles. Total length of road finished in Tennessee 45.81 miles. Length of branches owned by the company None. Length of road uiader contract, not finished 11 miles. Length of road graded About 50 miles. Number of sidings and turnouts 20 Weight of rail per lineal yard, main line 58. 7 lbs. Number of tons per mile, main line 103.3 Maximum grade on main line 50 ft., 68. 64 and 80 Total rise going on main line 1177 feet. Total fall on main line 1000 feet. Shortest radius of curvature on main line 1910. 8 & 1432. 7 ft. Total degrees of curvature in main road 2591^1} Total length of straight line, main road 26.2 miles. Total length of curved line on main road 31 .3 miles. Width of earth excavation at grade 22, 20 and 18 feet. Width of rock excavation at grade 16 and 14 feet. Average slope of earth excavation 1 .5 to 1 and 1 to 1. Average slope of rock excavation 1 in 10. Width of embankment at grade 12 and 14 feet. Number of truss bridges 19 Aggregate length of truss bridges 2918 feet. Aggregate length of trestling 1396 feet. Number of stone and brick culverts 128 Number of crossties per mile 2112 and 2640 Dimensions of crossties 6 x 7 in. , 8 ft. long. Character of timber used Cedar & white oak. —44 — Character of joint fastenings Wro't iron splice and wood'n splice- Weight of cast or wrought iron chair 15 lbs. and 6 lbs. Number of miles of road ballasted 45.5 Number of miles of road fenced Unknown. Number of public roads crossed at grade 38 Number of railroads crossed at grade 1 Number of way stations for express trains None. Number of flag stations Unknown. Number of engine houses 1 Number of machine shops 1 Number of wooden depot buildings' 4 Number of brick depot buildings 1 Number of turntables 3 Number of wood and water stations 5 Number of repair houses 3 EQUIPMENT OF ROAD. Number of locomotives 5 Number of passenger cars 5 Number of baggage and express cars Number of box freiglit cars 11 Number of platform cars 12 Number of stock cars .*. . 1 Number of gravel cars 6 Nurnber of road cars 2 Weight of passenger engines, exclusive of tenders 20 and 28 tons. Weight of freight engines, exclusive of tenders. . . Same. Weight of box freight cars About 7,000 lbs. Weight of passenger and baggage cars 12,000 to 14,000 lbs. Width and length of passenger and baggage cars. . 9 ft. 8 in. x 42 ft. Width and length of freight cars 9 x 28 ft. BUSINESS OF THE YEAR IN TRANSPORTATION. Number of miles run by passenger trains None separate. Number of miles run by freight trains None separate. Number of miles run by all 57,951 Total number of passengers carried in cars 59,628 Rate charged per mile for through passengers White, 4 cents; negroes, 2^ cents. Rate charged for way passengers Same. Average rate charged for passengers 4 cents. Rate of speed by accommodation trains, inc. stops 18 miles per hour. Rate of speed by accommodation trains in motion 22 miles per hour. —45 — ♦ Rate of speed by freight trains None separate. Average number of officers and agents for past year in construction department 8 Average number of laborers Unknown. Average number of officers and agents in trans- portation department • 12 Average number of laborers in transportation department 41 Total average number employes past year Unknown. ACCIDENTS OF PAST YEAR. Number of passengers injured None. Number of passengers killed None. Number of other persons injured 1 Number of other persons killed None. NAMES OF THE PRINCIPAL OFFICERS OF THE COMPANY. John Marshall, President; R. H.Bradley, Secretary ; F. Hardeman, Treasurer; A. Anderson, Chief Engineer; W. O'N. Perkins, Superin- tendent. The principal office and address of the company is at Franklin, Williamson County, Tenn. MEMPHIS & OHIO. This road being in a running condition for nearly its whole length, will require but little comment. There are but twenty-eight miles of it which are not passed daily by its trains; and this remnant to Paris is graded ready for the iron, and track parties are now putting down the iron with as little delay as possible. The tabular statement in refer- ence thereto will give all the information in relation to its condition which is at all important. When its receipts are looked to, and it is considered that it is yet deficient in its great northern terminus (by way of the Memphis, C. & L. Road and N. & L.) at Louisville. Its earnings, too, being for only eighty-seven miles of roadway, go beyond the most sanguine expectations of its friends. When this connection is ob- tained (as it is believed it will be during the next year), doubtless the result will be much more satisfactory to its —40 — projectors. Connecting at Humboldt, in Gibson County, with that great artery in the railway sytem of the South, the Mobile & Ohio, it gives, while at the same time it receives, immense support from that road. The gross receipts from Memphis to Humboldt, $150,015.30. Road expenses, $62,- 157.41. Leave net earnings, $87,857.83, which is more than sufficient to pay interest on funded debt to the State for bonds loaned. TABLE I. Total amount of capital stock sub- scribed $1,039,000 00 *Total amount of capital stock paid in (approximation) 570,000 00 Amount of State aid granted to road- way $1,.306,000 00 Amount of State aid granted to bridges 200,000 00 1,506,000 00 Amount of State aid received, June 30, 1859 1,170,000 00 Funded debt due on State bonds 11,170,000 00 Funded debt due to others than the State 191,000 00 1,361,000 00 Amount of floating debt 145,000 00 Cost of road and equipment 2,300,411 59 Cost of equipments 141,144 37 Receipts from passengers $ 71,574 65 Receipts from freights 76,976 85 Receipts from all other sources 1,463 80 Total receipts 150,015 30 Total expenditures 62,157 47 Net receipts 87,857 83 Cost per cent of earnings for year ending June 30 41 per cent. Amount of earnings paid to interest on State loan 59,533 00 Total length of road in Tennessee. . . . 130.6 miles. Total length of road finished 100 miles. Average interest on funded debt 6 per cent. Average interest on floating debt 8 per cent. '■'Amount paid in by individuals not included. -47- TABLE IT. CASH REALIZED FROM SALE OF STOCK AND STATE BONDS. Amount Sold. Viscount. Cash Realized. Am't Realised in Work. Stock $115,000 00 141,775 74 Comp'y b'ds State bonds. $ 191,000 00 1,170,000 00 $49,224 26 69,003 88 $1,100,996 12 TABLE III. CLASSES OF FUNDED AND BONDED DEBT. Date of issue Date of payment Rate of interest Interest, when payable . Interest, where payable Nature of security Amount sinking fund . . State Loan. Sundry dates Sundry dates 6 per cent July and Jan'y. . . New York Lien on road, etc. None. Company Bonds. October 1, 1856. October 1, 1866. 6 per cent. October and April Memphis. Income of road. CHARACTERISTICS OF THE ROAD. Total length of road 130.6 miles. Total length of road in Tennessee 130.6 miles. Total length of road finished 100 miles. Total length of road finished in Tennessee 100 miles. Length of branches owned by company None. Length of road graded 130.6 miles. Aggregate length of sidings, exclusive of branches, 3f Number of sidings and turnouts 25 Weight of rail per lineal yard on main line 58 to 63 pounds. Weight of rail per lineal yard on branches 45 to 58 pounds. Number of tons per mile on branches 101 to 111 Maximum grade on main line 52 . 8 Total fall on main line 2640 feet. Total degrees of curvature on main road 1279 Total length straight line, main road 111.6 Total length curved line, main road 19-0 Width of earth excavation at grade 22 feet. Width of embankments at grade 15 feet. Average slope of earth excavation at grade 1.5 to 1.05 to 1 Number of truss bridges 14 —48 — Aggregate length of truss bridges 1,480 Number of draw bridges 1 Aggregate length of draw bridges 160 feet. Aggregate length of trestling 10,700 feet. Number of crossties per mile 2,400 Dimensions of crossties 6 x 8, 8 and 8^ ft. Character of timber used White and post oak and cypress. Character of joint fastenings Wrought chairs. Weight of wrought iron chairs 8 to 10 pounds. Number of railroads crossed at grade. 1 Number of way stations for express trains 12 Number of flag stations 12 Number of engine houses 1 Number of machine shops 1 Number of wooden depot buildings 9 Number of brick depot buildings 1 Number of turntables 3 Number of wood and watei- stations 6 EQUIPMENT OF KOAD. Numbei- of locomotives 9 Number of passenger cars 5 Number of baggage and express cars 2 Number of box freight cars 34 Number of platform cars 51 Number of gravel cars 51 Number of road cars 4 Number of miles run by passenger trains 81,479 Number of miles run by freight trains 47,328 Total number of miles run by all 128,807 Total number of passengers .' 62,609 Rate of fare charged per mile for through passen- sengers 31 cents. Rate of fare charged per mile for way passengers. 4 cents. Number of tons of way freight 47,560 ACCIDENTS. Total number of persons injured None. Total number of persons killed None. Number of other persons injured None. Number of other persons killed 3 —49 — NAMES OF THE PRINCIPAL OFFICERS OF THE COMPANY. Robertson Topp, President; J. T. Trezevant, Secretary and Treasurer; H. D. Pickett, Cliief Engineer; H. Coffin, Superintendent. Principal office and address is at Memphis, Shelby County, Tenn. MEMPHIS, CLARKSVILLE & LOUISVILLE. This road forms an important link in a connected line of roadway from Louisville, Ky,, to Memphis, Tenn. The Nash- ville & Louisville, by its Bowling Green branch (diverging from its main trunk at Bowling Green, Kentucky), forms a junction with it at the Kentucky line, fifteen miles east of Clarksvillej from this point to Paris, where it forms a junc- tion with the Memphis & Ohio road, is eighty-two miles. At the Kentucky line, beside the junction with the Louisville & Nashville road, above spoken of, it makes a connection with the Nashville & Henderson road. Fifteen miles of this road- way is now in running order, and daily trains are now in con- nection with the Edgefield & Kentucky, with a short line of staging, say six miles. This gap will be finished by January 1, when there will be a continuous rail connection between Glarksville and Nashville. The physical difficulties encountered by this road in bridg- ing the Eed, Cumberland and Tennessee Elvers, and the extraordinary hardness of material between the Cumberland and Tennessee Elvers, render the progress of construction necessarily slow. These difficulties have, however, been mainly overcome by the persevering energy of the company, and the whole line of their roadway will, from their present condition and progress, be ready for the cars by January 1, 1861. The Louisville branch will also be finished by that time. The Memphis & Ohio is within a few miles of completion to Paris, thus, by January 1, 1861, these roads will form a connected line of roadway from Louisville to Memphis. — 50 — A line so important for purposes of travel and trafl&c will, doubtless, pay satisfactory dividends to its stockholders. The work upon this road is of the most substantial and durable character. ' Its embankments, formed of a material which, though difl&cult of removal at first, will compensate the company in the firmness and durability of roadbed which it forms. As far as laid, its track is as smooth as that of any road in the State. The stock and debts of the company, with the charac- teristics of the road, will be seen by reference to tabular statements. TABLE I. STOCKS AND DEBTS. Total amount of capital stock sub- scribed $ 596,800 00 Total amount of capital stock paid in 298,721 40 Amount of State aid granted to road- way $568,000 00 Amount of State aid granted to bridges 150,000 00 718,000 00 Amount of State aid received on bridges 70,000 00 Funded debt due on State bonds .... 70,000 00 Funded debt due to others than State None. Amount of floating debt None. Cost of road and equipments 1,237,900 00 Cost of equipments 100,500 00 Total length of road 56 . 8 miles. Total length of road in Tennessee. . . 56.8 miles. CASH REALIZED FROM SALE OF STOCK AND STATE BONDS. State bonds sold at par payable in work $70,000 00 Date of issue State loan, .January 1, 1858, January 1, 1859, and July 1, 1859; date of payment, 1888 and 1889; rate of interest on State loan, six per cent, payable January and July of each year, at New York; nature and character of security for State loan, a lien on whole road, equipments and earnings. — SI- CHARACTERISTICS OF THE ROAD. Total length of road 56 . 8 miles. Total length of road in Tennessee 56.8 miles. Length of road under contract, but not finished. . 58.8 miles. Length of road graded 31 . 8 miles. Maximum grade on main line 70 feet. Total rise going on main line 699 feet. Total fall on main line 877 feet. Shortest radius of curvature on main line 900 feet. Total degree of curvature on main road 1448 feet. Total length of straight line on main road 41 .8 miles. Total length of curved line on main road 15 miles. Width of earth excavation at grade 20 feet. Width of rock excavation at grade 16 feet. Width of embankments at grade 15 feet. Average slope of earth excavation 45°, or 1 to 1. Average slope of rock excavation at grade 1 to 5. Number of truss bridges 15 Aggregate length of truss bridges 2255 feet. Number of drawbridges 1 . Aggregate length of drawbridges 276 feet. Aggregate length of trestling 7676 feet. Number of culverts (wood) 2 Number of culverts (brick and stone) 117 Number of crossties per mile 2200 Dimensions of crossties 6x8, 8 feet. Character of timber used White and post oak and cedar. Number of miles of road fenced 2 Number of public roads crossed at grade 4 NAMES OF THE PRINCIPAL OFFICERS OF THE ROAD. W. A. Quarles, President; Charles G. Smith, Secretary and Treasurer; George B. Fleece, Chief Engineer. The principal office and address of the company is at Clarksville, Montgomery County, Tennessee. — 52 — MOBILE & OHIO. This road is located on nearly an air line from Mobile to the mouth of the Ohio, passing through the States of Ala- bama, Mississippi, Tennessee and Kentucky. The main trunk line is four hundred and ninety-six miles. It has several important branches, making the entire trunk, including branches, when completed, over six hundred miles. The Columbus, Mississippi, branch leaves the trunk line two hundred and eighteen miles north of Mobile, and runs to Columbus, Miss., a distance of thirteen miles. This branch is completed and regular trains running over it. Another branch is also completed, which forms the present connection of the northern end of the road with the Mississippi River at Columbus, Ky. Another branch, sixty-five miles in length, leaving the trunk line in Obion County, Tennessee, connects with the Ohio River at the city of Paducah. This branch is finished and its cars running from Paducah south twenty- eight miles, and the remaining portion is in progress toward an early completion. A large amount of work has been done on the Gainesville branch, and a portion of the Hamburgh branch. The main trunk line is furnished from Mobile north to Okalona, and from Columbus, Ky., south as far as Jackson, Tenn., leaving between these points about one hundred miles of unfinished road. The grading and bridging on this unfin- ished portion is about four-fifths completed, and the rails, etc., necessary to finish the entire track, procured and ready to lay down. The several roads connecting with and crossing the trunk line of this great railway artery will greatly increase its value and importance. The Mississippi Central and Tennes- see connects its line at Jackson, Tenn. ; at Humboldt its line is crossed by the Memphis and Ohio; and at Union City, in Obion County, by the Nashville and Northwestern Railroad. It is one of the best constructed roads in the South, and —53— when finished and in running order will be one of the most profitable. The tabular statements of this road show its net earnings on its South and North divisions to June 30th, $426,814.94. TABLE I. STOCK AND DEBTS — BUSINESS OP THE YEAR. Total amount of capital stock sub- scribed $4,665,300 00 Total amount of capital stock paid in. 3,518,312 07 Amount of State aid granted to road- way $1,185,000 00 Amount of State aid granted to bridges 104,000 00 1,289,000 00 Amount of State aid received 774,000 00 Funded debt due on State bonds .... $ 774,000 00 Funded debt due to others than the State 3,532,786 79 ~~~~" ~ 4,306,786 79 Amount of floating debt 726,546 77 Total cost of road and equipments . . . 9,322,629 44 Cost of equipments 724,734 49 Keceipts from passengers $212,060 58 Eeceipts from freights 599,715 55 Receipts from all other sources 32,395 52 Total receipts 844,171 65 Total expenditures 417,356 71 Net receipts 426,814 94 Cost per cent, of earnings for year, June 30th 49 per cent. Amount of earnings paid to interest on State loans 42,690 00 Total length of road and 13 miles branch 509 miles. Total length of road in Tennessee. . . 118.5 miles. Total length of road finished 319 and 14 C. branch . Total length of road finished in Ten- nessee 67 -54 — TABLE II. CASH REALIZED FROM SALE OF STOCK AND STATE BONDS. Stock Co.'s bonds. . State bonds . . Amount Sold. ,025,815 97 699,000 00 Value, per ct. 96 Cash Realized. [,507,685 95 188,283 44 Amount Realize in Iron and Equipments. [,128,254 88 486,577 28 TABLE III. CLASSES OF FUNDED AND BONDED DEBT. Date of issue Date of payment Rate of interest Interest, when payable. Interest, where payable, Nature of security State Loan. Various 1882 6 per cent January and July. New York State lien on r'dway. Company Bonds. Various. Various. 6 and 8 per cent. Various. Mobile, New York, and London. Mortgage on road and lands. CHARACTERISTICS OF THE ROAD. Total length of road . . Total length of road in Tennessee Total length of road finished Total length of road finished in Tennessee Length of branches owned by company Length of branches owned by company finished. . Length of road under contract, not finished Length of road graded Length of road under contract, not finished, in Tennessee Length of road graded in Tennessee Aggregate length of sidings, exclusive of branches. Number of sidings and turnouts Weight of rail per lineal yard on main line Weight of rail per lineal yard on main line Number of tons per mile on main line Number of tons per mile on branches Maximum grade on main line 496 miles. 118.5 miles. 319 miles and 14 miles Col. br'ch. 67 miles. 13 miles. 13 miles. 161 miles. All but about 20 miles. 41.5 miles. 100 miles. 14.61 miles. 60 68 lbs. 56 lbs. 106 88 40 ft. going south, 30 ft. going north — 55 — Maximum grade on branches 50 ft. Col., Miss., Br.; SOft.KyDv. Total rise on main line, going north 748.38 feet. Total rise on branches Total fall on main line, going north 854.48 feet. Total fall on branches Shortest radius of curvature on main line 1433 feet. Shortest radius of curvature on branches 2865 feet. Total degrees of curvature on main road 2253° 35^ Total length of straight line, main road 79.425 miles. Total length of curved line, main road 39.075 miles. Width of earth excavation at grade 25 feet. Average slope of earth excavation 1 .25 Width of rock excavation at grade 22 feet. Average slope of rock excavation 0.25 Width of embankment at grades 14 feet. Number of truss bridges 52 Aggregate length of truss bridges 3595 feet. Number of crossties per mile 2640 Southern Div., 2200 Tenn. and Ky. Div. Dimension of crossties 7x8, 7x9, 8 ft. long. Character of timber used. Pine, post oak, cy- press, etc. Character of joint fastenings Chairs & fishbars. Weight of cast or wrought iron chairs 17 lbs. Number of miles of road ballasted 3 Number of miles of road fenced 2 Number of public roads crossed at grade 114 Number of railroads crossed at grade 2 Number of way stations for express trains 37 Number of engine houses 4 Number of machine shops 1 Number of wooden depot buildings 35 Number of brick depot buildings 2 Number of turntables 9 Number of wood and water stations 26 Number of repair houses 27 EQUIPMENT OF ROAD. Number of locomotives 27 Number of passenger cars 19 Number of baggage and express cars 9 Number of box freight cars 144 Number of platform cars 232 — 56 — Number of gravel cars 24 Number of road cars 31 Weight of passi'iiger engines, exclusive of tenders. 22 tons. Weight of freight engines, exclusive of tenders ... 28 tons. Weight of box freight cars 9 tons. Weight of passenger and baggage cars 12 tons. Width and length of passenger and baggage cars in feet 9 ft. 6 in. by 47 ft. Width and length of freight cars 8 ft. 3 in. by 29, 31 and 39. BUSINESS OF YEAR IN TRANSPORTATION. Number of miles run by passenger trains 185,318 Number of miles run by freight trains 180,277 Number of miles run by other trains 33,389 Number of miles run by all 398,984 Number of way passengers 95,895.5 Total number of passengers carried in cars 95,895.5 Rate charged for way passengers, per mile A^c 1st class; 2ic 2d class. Rate charged for through passengers. 3 cents per mile. Average rate charged for passengers 2.21 cents per mile Rate of speed adopted by express trains, including stops 20 miles per hour. Rate of speed adopted by express trains in motion. 24 miles per hour. Rate of speed adopted by freight trains, including stops 8 miles per hour. Rate of speed adopted by freight trains in motion. 12 miles per hour. Average weight of passenger trains, exclusive of passengers and baggage 56 tons. Average weight of freight trains, exclusive of freight 100 tons. Average number of officers and agents for past year, construction department 5 Average number of officers and agents, transporta- tion department 100 Average number of laborers in,_tpansportation de- partment 600 Total average number of employes past year 700 ACCIDENTS OF PAST YEAR. Number of persons injured 2 Number of persons killed 11 — 57 — NAMES OF THE PRINCIPAL OFFICERS OF THE COMPANY. Milton Brown, President; G. M. Parker, Secretary; A. F. Irvine, Treasurer; L. J. Fleming, Chief Engineer and Superintendent. The principal office and address of the company is at Mobile, Mobile County, Alabama. EDGEFIELD & KENTUCKY. This road is finished and in running condition to within six miles of its Kentucky terminus. At this point it inter- sects the Bowling Green branch of the Nashville & Louisville, the Memphis, Clarksville & Louisville Railroad, and forms a junction with the Kentucky portion of its line. This road has been in running condition from Edgefield to Springfield since May last, and though thus unfinished and much of its time necessarily taken up in the transportation of material for construction, a reference to its running receipts will show that its management has been characterized by prudence and economy. It now forms a connection with the Memphis, Clarksville & Louisville Railroad, and though this connection has been formed but a short time, a great enhancement of receipts is even now manifest. This road, when finished to Henderson, or even to the coal fields in Hopkins County, Kentucky, will be of incalculable advantage to all points on its line, as a means of obtaining an inexhaustible supply of cheap and excellent coal. The Kentucky end of this road is not pro- gressing with the energy and speed which characterized its construction within our State. Its friends, however, claim that it will be finished to the coal fields during the next year. CUMBERLAND RIVER BRIDGE. This bridge is built for the joint use of the Louisville & Nashville and the Edgefield & Kentucky Railroads, under the supervision and direction of the latter and its Chief Engineer, A. Anderson. — 58 — Its length is 700 feet, in four spans — two fixed spans, one on each side, and two draw spans. Each fixed span is 200 feet in the clear between supports, and the clear opening of each draw span is 120 feet, making it the longest railroad draw in the world, that at Rock Island being 120 feet on one side and 116 feet on the other. The total length of draw from one extremity to the other of the movable portion is 280 feet, and its entire weight is computed at 285 tons. It can readily be turned into position by one man in four minutes, and by two or three in two minutes and a half. The bridge superstructure is of the kind known as McCal- lum's Truss, and was erected by Gray, Whiton & Co., con- tractors. The master-builder was Mr. N. K, Waring. The masonry supporting the bridge was built by Maxwell, Saulpaw & Co., contractors, and consists of two abutments, two main piers, one center pier, and two rest piers. The center pier, on which the immense draw is turned, is circular, 30 feet in diameter at top, 34| feet at bottom, 68| feet high, and contains 2295J perches of masonry. The eastern main pier is 75^ feet high, and contains 1208f perches of masonry. The western main pier is 70^ feet high, containing 1092| perches of masonry. The foundation of all the piers is laid upon the solid rock, in water about twelve feet deep, at ordinary low stage. The extreme rise of water at the bridge is 57 feet. The total quantity of masonry in the bridge is 6,800^ perches. In the superstructure are 454,000 feet of timber and 160,000 pounds of iron, A heavy frame work is built between the rest piers, designed to prevent steamboats from being thrown against the piers while passing the draw, by wind or the force of the current. In its construction 387,288 feet of timber are used, and 49,117 pounds of iron. ■59- TABLE I. Total amount of capital stock sub- scribed Total amount of capital stock paid in . Amount of State aid granted to road- way $470,000 00 A mount of State aid granted to bridge s 230,000 00 Amount of State aid received on road $470,000 00 Amount of State aid received on bridges 142,000 00 Funded debt due on State bonds Amount of floating debt Cost of road Receipts from passengers $ 8,029 80 Receipts fi'om freight 1,329 65 Total receipts Total expenditures Net receipts Total length of road 47 miles. Total length of road in Tennessee 47 miles. Total length of road finished 30 miles. Total length of road finished in Ten- nessee. 30 miles. $600,000 00 333,203 83 700,000 00 612,000 00 60,900 00 857,949 11 9,359 45 1,872 65 7,486 80 CLASSES OF FUNDED AND BONDED DEBT. Rate of interest on State loan, 6 per cent; interest payable on State loan, June 15 and December 15 ; interest payable at Bank of Tennessee; nature of security, lien on road and equipments, etc.; amount of sinking fund, none. TABLE II. CHARACTERISTICS OF THE ROAD. Total length of road • 47 miles. Total length of road in Tennessee • 47 miles. Total length of road finished 30 miles. Total length of road finished in Tennessee 30 miles. Length of branches owned by company None. Length of road under contract not finished 17 miles. Length of road graded About 47 miles. Length of road graded in Tennessee About 47 miles. Length of road under contract not finished in Tennessee IT miles. Aggregate length of sidings, exclusive of branches 1.8 miles. — 60 — Number of sidings and turnouts 5 Weight of rail per lineal yard, main line 58 lbs. Number of tons per mile, main line 102.08 Maximum grade, main line 211 . 2 and 80. Total rise going on main line 1202 feet. Total fall on main line 1098 feet. Shortest radius of curvature, main line 573 and 955 feet. Total degrees of curvature, main road 1261 Total length of straight line, main road 36.1 miles. Total length of curved line, main road 10.9 miles. Width of earth excavation at grade 20 feet. Width of rock excavation at grade 14 feet. Average slope of earth excavation 1 to 1. Average slope of rock excavation at grade 1 to 10. Width of embankment at grade 12 feet. Number of truss bridges 8 Aggregate length of truss bridges 2218 feet. Number of draw bridges 1 Aggregate lengtii of draw bridge 700 feet. Aggregate length of trestling 2950 feet. Number of stone and brick culverts 116 Number of crossties per mile 2640 Dimensions of crossties 6x7in.,8ft. long. Character of timber used White and post oak and cedar. Character of joint fastenings Wro't iron chairs. Weight of cast or wrought iron chairs 6 to 10 lbs. Number of miles of road ballasted 15 Number of miles of road fenced Unknown. Number of public roads crossed at grade 16 Number of railroads crossed at grade None. Number of flag and, way stations for express trains 13 Number of engine houses 1 Number of machine shops None. Number of wooden depot buildings 1 Number of brick depot buildings None. Number of turntables 2 Number of wood and water statfons 1 Number of repair houses None. EQUIPMENT OP ROAD. Number of locomotives 2 Number of passenger cars None. Number of baggage and express cars 1 Number of box freight cars 4 — 61 — Number of platform cars 6 Number of gravel cars • None. Number of road cars 3 Width and length of passenger and baggage cars . . 10 x 44 feet. Width and length of freight cars 9 ft. x 27 ft. 6 In. BUSINESS OP THE YP^AR IN TRANSPORTATION. Number of miles run by passenger trains 16,023 Number of miles run by freight trains No freight trains. Number of miles run by other trains 13,824 Number of miles run by all 29,845 Number of way passengers 12,937 Total number of passengers carried in cars 10,401 Eate charged for way passengers 4 cents per mile. Average rate charged for passengers 4 cents per mile. Kate of speed by accommodation trains, inc. stops 11.6 Rate of speed by accommodation trains in motion 14.5 Rate of speed by freight trains, including stops. . . 11.6 Rate of speed by freight trains in motion 14.5 Average number of officers and agents for the past year in construction department 5 Average number of officers and agents in trans- portation department 4 Average number of laborers in transportation department 5 ACCIDENTS OP THE PAST YEAR. Number of persons injured 2 slightly. Number of persons killed None. NAMES OP THE PRINCIPAL OFFICERS OF THE COMPANY. E. S. Cheatham, President; W. B. A. Ramsey, Secretary and Treasurer; A. Anderson, Chief Engineer. The principal office and address of the company is at Nashville, Davidson County, Tenn. — 62- CENTRAL SOUTHERN. Track-laying was commenced on this road in July last, and up to October 1 had progressed eighteen miles, from Columbia to Lynnville station, in Giles County. It is designed by this company to complete the track and open the road for business to Pulaski, thirty-three miles from Columbia, some time in December. From the State line, at the south end, the track will be laid to Prospect station by January 1 next, leaving an unfin- ished break of about twelve miles. ■'This break will be closed early in the spring of 1860, thus forming a complete through line from Louisville, Ky., to Nashville, Decatur, Ala., Memphis and New Orleans. When this road is completed to Decatur, the running time from Nashville to New Orleans will not exceed thirty-seven hours; from Louisville, not over forty-eight. There can be but very little doubt of this road doing a profitable business. TABLE I. STOCK AND DEBTS. Total amount of capital stock sub- scribed* $484,325 50 Total amount of capital stock paid in 257,465 95 Amount of State aid granted to road- way $442,000 00 Amount of State aid granted to bridges 80,000 00 522,000 00 Amount of State aid received on road- way '. ... $299,000 00 Amount of State aid received on bridges 13,000 00 ■ 312,000 00 Funded debt due on State bonds .... 312,000 00 ■i'Most of our contracts are let with 25 per cent, payable in stock of the com- pany, so that our capital stock can not be determined until all contracts are finished. We state it as it stood on the books of the company, June 30, 1859. — 63 — Funded debt due to others than State None. Amount of floating debt None. Cost of road and equipment $549,897 64 Cost of equipment (locomotives) 10,038 30 Total length of road 47.58 miles. Total length of road in Tennessee ... 47-58 miles. Total length of road finished None. TABLE II. Cash realized from State bonds sold. .$312,000 00 c. 90^ $282,000 00 TABLE III. CLASSES OF FUNDED AND BONDED DEBT. Date of issue State loan, August 24, 1858; date of payment State loan, January 1, 1898; rate of interest on State loan, six per cent; rate of interest, payable at the Bank of Tennessee, June 15 and December 15; security for State loan, lien on road, etc. TABLE IV. CHARACTERISTICS OF THE KOAD. Total length of road 47-58 miles. Total length of road in Tennessee 47-58 miles. Total length of road finished None. Length of branches owned by company None. Length of road under contract, but not finished. . 47.58 miles. Length of road graded About 35 miles. Weight of rail per lineal yard on main line 57 lbs. Number of tons per mile on main line 100 Maximum grade on main line 68.64 feet. Total rise going on main line (south) 1116 feet. Total fall going on main line (south) 1116 feet. Shortest radius of curvature on main line 1432 feet. Total degrees of curvature on main line 1654^^ degrees. Total length straight line on main road 28.19 miles. Total length curved line on main road 19-39 miles. Width of earth excavation at grade 18 feet. Width of rock excavation at grade 14 feet. Width of embankments at grade 12 feet. Average slope of earth excavation 1 to 1. Average slope of rock excavation 1 to 10. Number of truss bridges 8 Aggregate length of truss bridges 1620 feet. Aggregate length of trestling 2725 feet. — 64 — Number of stone and brick culverts 136 Number of crossties per mile 2640 Dimension of crossties 6 by 7, 8 feet. Character of timber used Cedar and oak. Character of joint fastenings Iron and wood splice. Number of miles of road ballasted About 10. Number of public roads crossed at grade 29 Number of locomotives 1 Number of platform cars 5 NAMES OF THE PRINCIPAL OFFICERS OF THE COMPANY. Thomas Martin, President; John Baird, Secretary and Treasurer; A. Anderson, Chief Engineer and Superintendent. Principal ofBce of the company is at Columbia, Maury County, Tenn. ROGERSVILLE & JEFFERSON. The tabular statement of this road does not show auy cost for construction. But one item of cost is given in the report of the company, and that one, it will be seen, is $3500 for engineering. The distance from the point where the hne of this road falls into the trunk hne of the East Tennessee & Virginia Railroad to Rogersville is fourteen miles, ten of which is graded, ready for the iron rails, and the break of four miles, between Holston River and Rogersville, is nearly completed. There has been a large portion of work done on the Hols- ton River bridge, the aggregate length of which is 1430 feet. The company have received $23,000 in bonds on the bridge, and $100,000 on their roadway. The last amount, however, has been issued since the date of the report made by the oflQcers of this road. TABLE I. STOCK AND DEBTS — CHARACTERISTICS OF THE KOAD. Total amount of capital stock sub- scribed $82,000 00 Total amount of capital stock paid in 12,920 .38 — 65 — Amount of State aid granted to road- way $140,000 00 Amount of State aid granted to bridges 100,000 00 ' $240,000 00 Amount of State aid received on bridges 23,000 00 Funded debt due on State bonds .... 23,000 00 Amount of floating debt 22,000 00 Cost of road (engineering and salaries) " 3,500 00 Total length'of road (all in Tennessee) 14 miles. Length of road graded 10 miles. Length of road under contract but not finished . . 4 miles. Aggregate length of sidings, exclusive of branches. 4000 feet. Number of sidings and turnouts. 5, not determined. Weight of rail per lineal yard (main line) 50 pounds. Number of tons per mile (main line) 88 Maximum grade (main line) 30 ft. for 2 . 6 miles and 68 ft. for 11 .4 miles. Total rise going on main line 416 feet. Total fall on main line , 242 feet. Shortest radius of curvature on main line 955 feet. Total degrees of curvature on main line 1078 degrees. Total length straight line (main road) 44,390 feet. Total length curved line (main road) 29,530 feet. Width of earth excavation at grade 14 and 18 feet. Width of rock excavation at grade 15 feet. AVidth of embankment at grade 12 feet. Average slope earth excavation . 75 to 1 ; . 5 to 1. Average slope rock excavation at grade 1 in 5 feet. Number of truss bridges 1 Aggregate length of bridges 1430 feet. Aggregate length of trestling 40 feet. Dimensions of crossties 7 by 8, 82 ft. long. Character of timber used White and post oak, walnut and locust. Number of public roads crossed at grade lO NAMES OF THE PRINCIPAL OFFICERS OF THE COMPANY. R. G. Fain, President; W. D. Printz, Secretary and Treasurer; E. Winston, Chief Engineer. The principal office of the company is at Rogersville, Hawkins County, Tenn. — 66- NASHVILLE & NORTHW^ESTERN. The work of construction has been resumed on this road under more favorable auspices and with brighter prospects of successful completion. The capital stock has been in- creased by subscriptions from Davidson, Humphreys, and Carroll counties, and large contracts for grading and iron have been made. The important connections of this road have already been alluded to in connection with the several roads terminating at Nashville and elsewhere. The company report thirty-two and a half miles under contract, and twenty- one are finished, in Tennessee. This does not include twenty- four miles of the Eastern Division upon which there is a large portion of the grading and bridging done, making the length of road in progress in this State fifty-six and one half miles. A reference to the tabular statement of this road will show its present condition so far as known. TABLE I. STOCK AND DEBTS — CHARACTERISTICS OP THE ROAD. Total amount of capital stock sub- scribed $1,157,000 00 Total amount of capital stock paid in. 420,000 00 Amount of State aid granted to road- way. $1,675,000 00 Amount of State aid granted to bridges. 200,000 GO 1,875,000 00 Amount of floating debt 31,461 00 Cost of road to date 367,166 44 Total length of road 175 miles. Total length of road in Tennessee 167.5 miles. Length of road under contract, but not finished 40 miles. Length of road under contract,' but not finished in Tennessee 32.5 miles. Length of road graded 30 miles. Length of road graded in Tennessee. 21 miles. Maximum grade on main line 68.5 miles. Shortest radius of curvature on main line 5 degrees. Width of earth excavation at grade. . 18 feet. — 67 — Average slope of earth excavation. . . 1.25 to 1 Width of embankment at grade 12 feet. Number of cross ties per mile 2000 Dimension of cross ties 6x8 inches, 9 feet. Character of timber used White oak, post oak and cedar. NAMES OF THE PRINCIPAL OFFICERS OF THE COMPANY. V. K. Stevenson, President; Thomas L. Bransford, Secretary; John O. Ewing, Treasurer; Fritz Hellner, Division Engineer. The principal office and address of the company is at Nashville, Davidson County, Tenn. The foregoing tabular statements of each road, under its own separate heading, win give to your honorable body all the statistical information in relation thereto, which is deemed important or valuable. By reference to any road in the State under its proper heading in this report, its present condition may be at once ascertained. I have thought it advisable to generalize the statistics included in each report, and give the result of this generalization, rather than to cumber my report with a mass of incongruous facts, which a publication of the statements of each separate report would have presented. Besides, the publication of the whole must make a large volume. This I regard as a compliance with the spirit if not the letter of the law, making it the duty of the Eoad Commissioner to make biennial reports to your honorable body. By reference to tabular statements of the roads of the State, it will be seen that the aggregate length of the seven- teen roads, under the heading of "Finished," and "In Course of Construction," in the State, is 1,329.88 miles. The total amount of State aid granted to these roads, $16,031,000. The aggregate length of tinished road in Tennessee to July 1st is 914.19 miles. Total amount of bonds loaned to the companies to July 1st, $11,940,000. The aggregate length of finished road in Tennessee to October 1, 1859, is 977.19 miles, and the total amount of bonds loaned the companies to that date, $12,912,000. The aggregate length of unfinished road- — 68 — way, remaining to be completed on the lines of the roads now in progress, to October 1st, 352.69 miles, to which the State is pledged in the sum of $3,119,000, and which amount is the prospective liability of the State. The total amount of State aid granted to the twenty-one roads, laid down in tabular statement of the roads of the State, including roads finished and in course of construction, and roads commenced and work suspended, is $19,851,000, of which sum $3,520,000 are pledged to the companies that have suspended operations. It is highly probable the work of construction will be resumed on some of these roads hereafter, but their completion will depend on the success of their respective friends in procuring the necessary means required in the construction of enterprises of such magni- tude. Since the inauguration of the railway system of the State nine roads have finished their lines and eight are in rapid progress of completion. The number of miles of fin- ished road to October 1, 1855, was 336; to October 1, 1857, 835, showing an increase of 299 miles; and on October 1, 1859, 977.19 miles— increase of 342.19 miles. The aggregate cost of the seventeen roads in running order, as reported by their respective companies, is $41,728,- 000; their net earnings, $2,411,245.06, showing a per centum of nearly six per cent, on their cost. These roads are most of them unfinished, their connection but imperfectly formed, and yet this satisfactory result has been obtained. When, however, the whole system of roads for this State is completed, when the system with which they connect in other States is finished (and a twelvemonth more will certainly accomplish much in this direction), may we not point with commendable pride to these monuments of the energy, skill, and enterprise of our citizens? The enhancement of the value of real estate on and near the lines of these roads, would more than pay the cost of their construction, and when we reflect that they will remain as perpetual viaducts for the travel and traffic of the country — 69 — for all time to come, their value cannot be too highly esti- mated by all those who are within the favored bounds of their beneficial influence. Our general internal improvement system, while it is comprehensive and enlarged, is character- ized by great simplicity of detail, and while originally it might have been, and indeed was a question upon which there was great diversity of opinion, whether the State should lend her credit by way of aid to this system, the pol- icy has been adopted, large amounts have been issued to the companies, and the credit of the State is so intimately blended with its successful working, that it would be suicidal on her part to do anything to impede or retard their progress. This system, if carefully examined, it will be seen, can only result detrimentally to the State in the event that the roads themselves shall fail, and the people (except so far as counties and corporations have become stockholders) can never feel the burden of taxation for railroad purposes as long as the companies are prosperous and successful. By the law granting State aid it is granted upon condition that the companies pay the interest upon bonds issued to them. These bonds have from thirty to forty years to run. At the expiration of five years from the date of issuance, and annu- ally thereafter, the companies are further bound to pay into the State treasury two per cent as a sinking fund, with which, the bonds of the State so loaned, in aid of their construction, are to be purchased, thus at once making the company pay the interest upon the bonds, and provide the means to pay ofi' the principal before they mature. To secure the perform- ance of this undertaking on the part of the companies, the State retains a lien in preference to all other creditors upon the roadway, equipments, and all other property of the companies. If, therefore, any company should fail in their liabilities, the State has a clear right to sell the road, property, etc., and from the proceeds of sale to indemnify herself in taking up as many bonds as may have been issued to such delin- quent company. — 70— So far there has been no occasion for such action on the part of the State, and the present condition of the companies justify the belief that there will be a continued punctuality on their part. Should there, however, be a case for the application of the penalty of the law, I do not hesitate to say, that there is not a road in the State, which is now finished to its connec- tions and in running order, which would not briog the amount of State aid issued for the purpose of its construc- tion. The only possible danger that can exist is in the case of roads in course of construction and which have not as yet completed their lines to any important connection. But even in this class of roads, I am not prepared to mention one whose present condition would justify a suspicion of such a result. It is, therefore, I conclude that sound policy would sug- gest such legislation as will facilitate the completion of such enterprises, always, however, keeping in view the safety of the State in causing a rigid compliance with the terms of the law granting aid thereto. It is of the highest importance to these roads thus requiring the fostering care of the Legislature, that the bonds of the State should command a high price in the market; and hence it is contended that nothing would be more fatal to their successful completion than any considerable increase of State liabilities. The above remarks have not been made under the pre- sumptions belief that the provisions of the General Internal Improvement Law (of which they constitute but a meagre generalization) are not known to your honorable body; but to correct an erroneous public opinion, which, in traveling over many portions of the State in discharge of the duties of my olfice, I have found to obtain, to the effect, that when- ever the State issued its bonds to a railroad company, it at once, and necessarily, becomes an increased source of taxa- tion. Such impression places the Government in an improper — 71 — light before the people, and is unjust to the companies, who very naturally come in for a very large share of the odium usually attached upon any increase of taxation beyond the actual wants of government. I have, therefore, thought it proper to say this much to remove, as far as it may have influence to do so, this errone- ous impression. The discharge of my duties require of me a personal inspection of the roadways of the State, and in making this inspection, some things have met my observa- tion on which it may not be improper to suggest. The spirit of rivalry, which is an unavoidable concomi- tant of energy and enterprise, will, and doubtless often does, lead the conductors of trams to a speed always hazardous and often fatal in its results. It might not be unwise to make maximum rate of speed a matter of public law, leaving the rate below such maximum to the discretion of the com- panies. While in the main, the railroads have been constructed in a permanent and substantial manner, yet at many points on their lines there are sections of trestlework varyiug, of course, in their length and height. It cannot be denied that such structures are temporary in their character, more or less unsafe, and require a slower rate of speed in passing trains over them, thereby inducing a greater increase of speed in order to make up the time thus lost between points. It would doubtless very greatly increase the durability and the safe rate upon railroads, to require companies to replace with solid earth on each embankment, all trestling under thirty feet, and all higher trestling up to that point, within, say ten years from the date of the completion of their line of roadway, except at such points as there is a necessity for an aqueduct, a public or private roadway. Some of our companies are already engaged in this work, and have declared it to be their settled policy to make fills wherever the trestlework occurs on their roads. The life, so to speak, of a piece of trestle, is not more than ten years; — 72 — that of a crosstie or a wooden culvert, not more than five years. In tultilliug the requirements of the law entitling them to State aid, I have sometimes known companies to build their wooden culverts (for often stone can not be obtained near the point where they are needed) from one to two years before, in the judicious and proper working of their roads, they can possibly reach them with their trains. Sometimes from the intervention of large streams requiring bridges, provided for by State aid, in other cases from the intervention of points requiring tunnels — but in order to obtain the State aid, they must prepare their roadbed ready for the iron rails, and along with the rest these perishable structures, and before, in the judicious progress of the road, they can be used, from one-tifth to one-half their period of existence has elapsed — a clear loss to the companies of thou- sands of dollars, without any compensating benefit to the State by way of increased security to the State. When a case like this occurs in the future, might it not be well enough to allow them to draw the State aid before the completion of such perishable structures? But on condition, — (1) That the Road Commissioner shall be satisfied, and through his report satisfy the Governor, that such a time would elapse in the judicious and energetic construction of such road, before they would need trestling, crossties and culverts (provided the stone could not be obtained without- great inconvenience) as would make it unwise to construct the same at the time of such application. (2) That in making such apphcation, the Chief Engineer of the company shall, under oath, make a statement of the points on the roadway where such work is located, the quantity of such work, and an estimate of its actual cost. (3) That the Governor be authorized to withhold out of the State aid to which such company may be entitled, so much as may be necessary to cover its cost, and the aid so with- held only to be paid when in accordance with the provisions — 73 — of the present law the same shall be reported to him by the Road Commissioner as finished. With these or some such guards thrown around it, I can see uo danger to the State, but manifest advantage to the companies, and as far as the same are blended, a resulting advantage to the State in strengthening the companies in the performance of their engagements, with regard to the pay- ment of interest and principal on bonds issued to them in the progress of construction. All of which is respectfully submitted. H. F. CUMMINS, November 27, 1859. Road Commissioner. [Public Documents, Tennessee Legislature, 1859-60, pp. 391-453.] Extract from communication from J. T. Dunlap, Comp- troller of Tennessee, to the General Assembly, January 22, 1861. The Edgefield & Kentucky, and Winchester & Alabama, two short railroads, unfinished in their connections or to their original termini, have failed to meet their January interest. They are now in the hands of Receivers, appomted by the Governor, for the benefit of the State. Under Section 1106 of the Code, I drew upon the Treasurer to pay the interest for each of them ; for the fiirst, including exchange, $23,180.15, and for the last, also including exchange, $13,359.90 I have heard no apprehensions expressed that the longer and finished roads would fail to meet their interest; but should they do so, I do not doubt the State would promptly pay it. Journal Extra Session, 1861, pages 146-47. — 7-t- Annual Report of the Condition of Railroads in Ten- nessee, for the Tear Ending June 30, 1865, by A. W. Hawkins, Commissioner of Roads. Nashville, Tenn., January 25, 1865. To the General Assembly of the State of Tennessee: In compliance with the Act of February 3, 1858, 1 herewith submit the following report of the condition of such railroads in Tennessee as have reported to me for the year ending June 30, 1865. This report should have been made on the first day of your regular session, but owing to the disorganized condition of many of the railroad companies of the State I have found it impracticable to procure reports from the companies, which furnish the only data upon which my report is based, at an earlier date. At the present time only a portion of the companies have made their reports. Others are known to be engaged in pre- paring reports, which will, it is presumed, be handed in so soon as completed. The difiiculty of the companies in mak- ing their reports is greatly increased by the fact that during the war the books and papers of the various railroad com- panies were, with few exceptions, lost or destroyed. The law requires the report for each year to close with the 30th of June. For the year ending June 30th, last, no business had been done by any company in the State except the Louisville & Nashville Eailroad, consequently no business is reported for the past year. In preparing forms for their reports it was deemed advisable to procure information to the latest date practicable, and as the law fixes September 1st as the time at which the companies shall make out and forward their reports, an additional report was called for, embracing the months of July and August. In preparing the form for this additional report tables were prepared showing the character and extent of injuries sustained by —75 — the roads during the war. Full reports on this point will furnish valuable historical information, and may also be of service in adjusting the various questions of interest arising out of the condition of our roads in Tennessee. The State is largely interested in the prosperity of the various railroads in her borders, hence your honorable body will see at once the importance of such legislation as will protect the interests of the State by giving them such timely aid as will enable them to meet the requirements of business and travel in the country, and thus regain a prosperous con- dition. The action which you have already taken for their benefit by extension of State aid evinces the liberality with which you are disposed to act in their behalf. While you thus extend to them liberal encouragement, it is equally incum- bent upon you to protect the,interests of the citizens of the State against the incorporated companies, which necessarily enjoy, under your legislation, a monopoly of the carrying business. Most of the Acts of incorporation for railroad companies in the State contain a maximum rate of charge for freight and passage. So far as I have examined the char- ters the Mobile & Ohio Railroad Company constitutes the only exception, as no rates are fixed in its Act of incorporation. Complaints have been made, during the past year, of exorbi- tant rates having been exacted by this company. Owing, perhaps mainly, to the bad condition of many of our roads when turned over by the military authorities, but partly, I do not doubt, to inexcusable carelessness, the chap- ter of accidents on railroads has of late assumed proportions frightful in extent, and if further legislation, defining the lia- bilities of railroad companies for injuries to life or limb, could render travel more secure, it would be of great public ad- vantage. The following tables exhibit the condition of such compa- nies as have made their annual reports. — 76 — TENNESSEE & ALABAMA RAILROAD. The report of this company is incomplete, owing to the loss and destruction of books and papers during the war. The loss sustained by this company during the war was very severe, and up to the time of making its report the company was not in possession of the road. Its report is, therefore, necessarily meagre. The road is now in operation for the entire distance, and is understood to be doing a fair business. TABLE I. STOCK AND DEBTS TO DATE. Amount of capital stock $2,000,000 Amount subscribed by individuals 900,000 Amount subscribed by counties 200,000 in bonds. Total amount subscribed 1,100,000 Amount paid by individuals 700,000 Amount paid by counties 200,000 in bonds. Total paid in, about 850,000 Amount of State aid granted to roadway 775,000 in bonds. Amount of State aid granted to bridges 85,000 Whole amount of State aid granted 860,000 Whole amount of State aid received 850,000 Amount of floating debt, about 300,000 Average rate of interest on floating debt 10 per cent. NOTES AND EXPLANATIONS. The capital stock of this company was fixed by the Act of incor- poration at the cost of its construction when completed. As the road had just been completed at the outbreak of the war, and no report of its cost had been made out, the books and papers of the company having been destroyed, the exact cost cannot now be stated, though it is set down at $2,000,000. Owing to the destruction of books and papers there are many points on which information is desired which cannot at present be obtained. The last payment on sinking was made in September, 1861. ■77— TABLE II. CASH REALIZED FROM THE SALE OF STOCK AND BONDS. Amount Sold. Value, per cent Cash Realized. From State bonds From Company bonds. Total amount $860,000 860,000 93 $802,247 50 802,247 50 TABLE III. CLASSES OF FUNDED AND BONDED DEBT — STATE LOAN. « Date of issue 1853 to 1858, inclusive. Date of payment Interest, when payable January 1 and July 1. Interest, where payable New York. Rate of interest 6 per cent. Character of security Lien on property of Co. The cost of road and equipments are not given in the report, in consequence of loss of papers and books of company. TABLE IV. CHARACTERISTICS OF THE KOAD. Total length of road , 57.5 miles. Total length of road in Tennessee 57.5 miles. Total length of road finished 57.5 miles. Total length of road finished in Tennessee 57.5 miles. Weight of rail per lineal yard on main line 63 pounds. Maximum grade on main line 50 feet. Character of timber used for ties White oak, cedar. Character of joint fastenings Fishing bars, iron and wood. Number of miles of road ballasted 57.5 Number of railroads crossed at grade 1 Number of engine houses 2 Number of brick depot buildings 1 Number of turntables 2 Various interrogatories propounded to the company under this head are unanswered, in consequence of the destruction of the com- pany's books, etc. — 78 — TABLE V. EXPENSES FOR OFFICERS AND EMPLOYES. Number of officers employed by the company. ... 2 Aggregate salary of officers $3800 and exp. TABLE VL SHOWING LOSS OF PROPERTY AND DAMAGES TO THE ROAD DURING THE WAR — INJURIES AND LOSSES BY REBELS. Taken possession of 1861 Number of locomotives removed o Number of passenger cars removed 8 j Number of freight and other cars removed 24 None of the above property was returned, though every effort was made by the officers of the company not only to prevent its removal but also to secure its return. The road was under the con- trol of rebel military authorities from , 1861, to March, 1862. TABLE VII. SHOWING THE USE, LOSSES, AND INJURIES OF ROAD AND COMPANY AT THE HANDS OF THE U. S. MILITARY AUTHORITIES DURING THE WAR. Taken possession of March, 1862. Miles of track destroyed About 12, with sidings. Depot houses destroyed 3, and 1 injured. Engine houses destroyed 1 Repair houses destroyed About 10. Locomotives destroyed 1, and 2 injured. Various miscellaneous items, value not ascertained. The road was alternately in the possession of the contending par- ties, and consequently suflFered heavy damages, the extent of which is not yet ascertained. On September 1st, the date of the company's report, the road was still in the hands of the U. S. military authorities; but, as I am informed, has since been returned to the company. TABLE VIII. PRESENT CONDITION. Whole length built 57.5 miles. Length of road now in operation 46 miles. Entire State aid received $860,000, bonds. — 79 — Amount of interest unpaid thereon $229,150 to Jan. 1, 1866. Amount of sinking fund paid in 8 bonds, $5200 money. OFFICERS OF THE COMPANY. John S. Claybrook, President; Frank Hardeman, Secretary and Treasurer. Directors — John S. Claybrook, Thos. F. Perkins, C. W. Nance, M. G. L. Claiborne, Samuel Henderson, B. B. Toon, R. H. Bradley, John B. McEwen, Wm. P. Cannon, A. H. Mayberry, John McGavock, Wm. Park, James Andrews. Directors for the State — S. M. Arnell and D. B. Cliffe. The principal office or address of the company is at Franklin, Williamson County, Tenn. CENTRAL SOUTHERN RAILROAD. This road having been, on July 1st and September 1st, in the hands of the military authorities, only a partial report is made by the officers. The losses incurred by the company during the war were very heavy, and its resources necessarily much crippled. The cars are now running upon the entire road, and with the revival of business it is confidently expected that the com- pany will soon regain its former prosperity. TABLE I. STOCK AND DEBTS. Amount of capital stock, as per charter $1,000,000 00 Amount subscribed by individuals 199,235 80 Amount subscribed by towns and cities 30,000 00 Amount subsciibed by counties 275,000 00 Total amount subscribed 504,235 80 Amount paid in by individuals 192,728 21 Amount paid in by towns and cities 30,000 00 Amount paid in by counties 275,000 00 Total amount of stock paid in 497,728 21 Amount of State aid granted to roadway 447,000 00 Amount of State aid granted to bridges 85,000 00 .Whole amount of State aid 562,000 00 Amount of State aid received on roadway 477,000 00 Amount of State aid received on bridges 57,000 00 Total amount of State aid received 534,000 00 — so- Funded debt due on State bonds $534,000 00 Annual interest due on funded debt due State . . . 32,040 00 Amount of floating debt 82,652 52 Average rate of interest on floating debt 10 per ct. on $30,- 000, balance 6 per cent. TABLE II. CASH REALIZED FROM SALE OF STOCK OR STATE BONDS. From State bonds. Amount sold. $229,000 Value, per ct. 10 oflF. Cash realized. $270,000 Am't real- ized in iron, equipments & bridging. $264,000 TABLE III. CLASSES OF FUNDED AND BONDED DEBT — STATE LOAN. Date of issue Date of payment When payable (interest) Jan. 1 and July 1. Interest, where payable Nashville. Kate of interest 6 per cent. Character of security Lien on road. — SI- TABLE IV. COST OF ROAD AND EQUIPMKNT. Ge7ieral Expenses. Office expenses, stationer j', etc Discount State bonds Interest account, ordinary Interest on State loan Salaries Engineering Right of way Grubbing, clearing and graduation Masonry Bridges and trestles Ballasting Crossties Iron rails Ciiairs, spikes and fastenings Track-laj'ing Depot buildings Engine houses and machine shops Machinery for shop Water stations and wood sheds Locomotives Passenger and baggage cars Freight cars Road cars Total cost roadway, actual and estimated. Total cost of iron and equipments, actual and estimated Total cost .' To Date $ 2,045 66 29,000 00 8,190 47 83,707 88 6,750 00 3,250 84 3,235 71 33,021 19 30,459 90 112,603 03 27,000 55 43,141 26 282,931 68 32,348 47 22,790 42 10,890 11 6,442 10 682 90 1,232 15 53,171 10 8,768 59 25,794 89 735 80 Total amount actual and estimated. $ 2,045 6& 29,000 00 91,898 35 6,750 00 3,284 50 3,235 71 33,021 19 30,459 90 112,603 03 27,000 55 43,141 26 282,931 68 32,328 47 22,790 42 10,890 ]] 6,442 10 682 90 1,232 15 53,171 10 8,768 59 25,794 89 735 80 559,796 96 620,006 28 1,179,803 24 TABLE V. CHARACTERISTICS OF THE ROAD. Total length of road 47.75 miles. Total length of road in Tennessee 47.75 miles. Total length of road finished 47.75 miles. Total length of road finished in Tennessee 47.75 miles. Total length of branches owned by Company None. Total length of branches finished None. Length of road graded in Tennessee 47.75 miles. This road is finished through its entire length; but as the com- pany was in a partially disorganized condition at the time of making its report, and having no Engineer, further information under this head could not be given. 6 -82 — The following tables show the losses, injuries, etc., during the war. TABLE VI. LOSSES AND INJURIES BY THE REBELS. Taken possession of March, 1862. Bridging destroyed 1590 feet. Trestling destroyed 3000 feet. Aggregate value destroyed $125,000 Locomotives removed 5 Passenger cars removed 4 Freight and other cars removed 45 Total value removed $88,470.38 then; $176,940.76 now. LOSSES AND INJURIES BY UNITED STATES AUTHORITIES. Taken possession of April, 1862. Depot houses destroyed 1 Aggregate value destroyed $10,000 Value of iron rails removed Large, but cannot be stated. Other property An amount taken but not definite- ly ascertained. TABLE VII. PRESENT CONDITION. Entire length of road 47.75 Length now in operation 47.75 Entire State aid received $534,000 Interest unpaid thereon 112,140 Sinking fund paid in Estimated cost of putting road in good condition. 100,000 Estimated (-ost of reequipping 50,000 OKFICEItS OK THE COMPANY. Thos. Martin, President; John Baird, Secretary and Treasurer; Thos. Martin, Thos. K. Gordon, Giles A. Reynolds, Newton White, C. P. Reed, C. N. Ordway, Wm. Perry, Sr., A. Buford, W. J. Dale, ,Tas. T. Moore, G. S. Harris, .1. Ballawfaut, J. Frierson, S. W. Fitz- patrick, Directors. The principal office or address of the company is at ColumbiA, Maury County, Tenn. — 83- LOUISVILLE & NASHVILLE RAILROAD COMPANY. The road constructed and owned by this company is one of the most important in the State, forming, as it does, a con- necting link between the railroad systems of tlie Ohio Valley and those of Tennessee, and the Southern States. The tabular statements appended show a very satisfactory condition of this company. During the recent war this road suffered far less than other roads in the State, while it had the benetit of the largely increased travel and transporta- tion growing out of the war. Since the close of the war this company has paid in, under resolutions of the Legislature, the sum of $707,631.25, being the entire amount, principal and interest, of bonds issued by the State for the benefit of the company. TABLE I. STOCK AND DEBTS. Stock paid in by individuals $ 419,400 Stocic paid in by towns and cities 2,300,000 Stock paid in by counties 1,900,000 Total amount paid in 4,619,400 Amount State aid granted roadway 450,000 Amount State aid granted to bridges 110,500 Whole amount State aid granted 560,500 Amount received on roadway 450,000 Amount received on bridges 110,000 Total amount received 560,500 Funded debt due on State bonds Funded debt due to others than State 3,31 1 ,500 Amount interest due on State bonds Amount interest on debt to others 219,305 Amount of floating debt — 84 — TABLE II. CLASSES OP FUNDED AND BONDED DEBT. Date of issue Date of payment . . . Interest, when pay- able Interest, where pay- able Rate of interest Characterof security Amount of sinking fund State Loan. 1858-59,1861.. 30 and 37 years from date . . . Jan. and July. Bank of Tenn. 6 percent Mortgage Company Bonds. 1857-58, 1860. Various Jan., July, May and Nov N. Y. and Lou, 7 percent Mortgage City Bonds. 1856-57. 30 years from date. April, October, June & Dec. New York, etc. 6 per cent. Mortgage. $2,527,215 76 COST OF CONSTRUCTION AND EQUIPMENT. The total cost for construction and equipment of this road is reported at $9,665,563.97. The items of expense are not separated, but reported in the aggregate. TABLE III. CHARACTERISTICS OF THE ROAD. Total length of road and branches 287 miles. Total length of road in Tennessee 45 miles. Total length of road finished 287 miles. Total length of road finished in Tennessee 45 miles. Total length of branches 102 miles. Total length of branches finished 102 miles. Aggregate length of sidings 17.16 miles. Weight of rail per lineal yard, main line 57 to 60 pounds. Weight of rail per lineal yard on branches 57 to 60 pounds. Shortest radius of curvature 1000 feet. Width of earth excavation at grade 20 feet. Average scope of earth excavation 1 to 1.5 feet. Width of embankments at grade 16 feet. Number of truss bridges 30 Aggregate length of truss bridges 4594 feet. Number of draw bridges 1 Aggregate length of draw bridges 275 feet. Aggregate length of trestling 2941 feet. Number of tunnels 4 — 85 — Aggregate length of tunnels 4100 feet. Number of crossties per mile 2100 to 2500. Dimensions of crossties 8x6, 8.5 ft. long. Character of timber used White oak, cedar. Character of joint fasten ing.s Williams' Splice Chair, Fink's Splice Chair, and Nuble's Lip Ch'r Weight of cast or wrought iron chairs 11 to 30 pounds. Number of miles of road ballasted 126 fully, 19partly Number of way stations for express trains 40 Number of machine shops 1 Number of engine houses 3 Number of wooden depot buildings 26 Number of brick depot buildings 2 Number of turntables 3 Number of water station.'; 18 Number of repair houses 2 Aggregate length of switches 17.16 TABLE IV. EQUIPMENTS OF ROAD. Number of locomotives 60 Number of passenger cars 42 Number of baggage and express cars 17 Number of box and freight cars 245 box & 98 rack cars. Number of platform cars 94 fiat, 17 gondola Number of road and gravel cars 70 Number of boarding cars 12 Weight passenger engines, exclusive of tender. . . 50,000 to 64,000 pounds. Weight of freight engines, exclusive of tender. . . 55,000 to 60,000 pounds. Weight of passenger and baggage cars 2S,000 pounds. Weight of freight and box cars 16,000 pounds. Width and length of passenger cars 10 ft. 4 inches wide 42 & 50 ft. long. Width and length of freight cars 8 ft. 6 inches wide, 28 ft. long. Number of wrecking cars 1 —86— TABLE V. RECEIPTS FOK THE VEAK. Freight. Pasi^engers. July August . . . September October . . . November. December . January. . . February . March April May June Total receipts from. From mails From express From other sources- .$ 37,500 00 . 121,828 49 . 140,094 05 Total receipts. 23(i,545 72 336,250 82 392,807 94 239,976 00 180,934 98 186,352 64 197,656 12 199,727 12 203,876 62 179,688 32 157,502 59 211,268 94 1,311,342 42 373,099 40 327,858 42 487,294 16 682,616 76 664,114 94 419,138 38 385,666 64 351,427 18 429,698 96 289,163 34 329,010 92 576,796 42 2,703,775 04 $4,314,540 00 TABLE VL RUNNING EXPENSES. Transportation $231,463 07 Eoad repairs 791,759 93 Bridge repairs 41,926 48 Water station repairs 13,277 94 Section house repairs 1 ,790 36 Depot repairs 15,770 05 Shop repairs 10,010 86 Car repairs 125,954 93 Engine repairs 94,387 02 Motive power 134,796 89 Fuel 144,127 24 Oil and waste 34,562 45 Watchman T 14,657 45 Water supply 12,394 79 Damage and loss, balance of account 8,893 55 Damage to stock 4,388 16 Injury to persons 16,333 1 7 General expense 31,810 05 Salaries. 24,719 05 Stationery 7,018 .59 — 87 — ^Discount $ 32,463 1(5 Insurance 1,000 00 Stamps 1,208 65 U. y. Government tax on monthly earnings 99,892 88 Reconstruction and improvements $255,417 44 Total expenses $2,142,024 63 TABLE VII. BUSINESS OF THE YEAR IN TKANSPOKTATION. Number of miles run by freight and passenger trains 983,047 Number of through passengers 613,565 Number of way passengers 218,128 Total number of passengers 831,693 Rate of fare per mile 4 cents. Rate of speed per mile, express trains 18 miles per hour. Rate of speed when in motion 23 miles per hour. Rate of speed, accommodation trains 14 miles per hour. Rate of speed, accommodation, when in motion . . 18 miles per hour. Rate of speed, freight trains 10 miles per hour. Rate of speed, freight trains, when in motion .... 15 miles per hour. The net earnings of this road for the past year are $2,172,515.42, being 54.4 per cent. The number of persons killed on this road during tlie year by accident was two, both employes. The number injured from colli- eions was three. TABLE VIII. INJURIES BY MILITARY OPERATIONS DURING PAST YEAR, BY REBELS. Feet of bridging destroyed 200 Depot houses destroyed 4 Boarding cars destroyed 4 Wood sheds and water stations destroyed 1 Locomotives destroyed, partially 5 Passenger and baggage cars, partially 11 Freight and other cars, partially 24 Wood burned 489.5 cords. ORGANIZATION OF COMPANY. James Guthrie, President; Willis Ramsey, Secretary; B. Mar- shal, Superintendent Transportation; Albert Fink, Chief Engineer and Superintendent Machine and Road Department. Directors — Kentucky: James Guthrie, H. D. Newcomb, James B. Wilder, A. D. Hunt, James Speed, N. E. Ewing. Tennessee: R. Houston, Jo. C. Guild. • The principal office or address of the company is at Louisville, Kentucky. MEMPHIS & OHIO RAILROAD COMPANY. This company has not been able to present a satisfactory report, owing to the destruction and loss of papers. At the time of making its report, the company had not regained possession of the road, consequently it had no operations to report for past year. The company is now actively engaged in the worli of rebuilding its road, which suffered greatly from the operations of the war; but it is to be hoped that by the aid of the recent liberal action of the Legislature, it will be soon in operation for its entire length. TABLE I. STOCK AND DEBTS. Amountof capital stock subscribed by individuals. $ 499,788 90 Amount by towns and cities 174,500 00 Amount by counties 400,000 00 Total amou nt subscribed ] ,074,288 90 Whole amount of State aid granted 1,493,000 00 vVmount of State aid received 1,493,000 00 Funded debt due on State bonds 1,493,000 00 Funded debt due others than State 529,000 00 Annual interest due on State bonds 109,580 00 Annual interest on funded debt due others 49,020 00 Amount of floating debt 374,334 47 Interest due on floating debt 22,460 04 The foregoing statement is given merely as an approxi- mation. — SB- TABLE II. CLASSES OF FUNDED AND BONDED DEBT. Date of issue Date of payment Interest, when payable Interest, where payable Rate of interest Character of security . . State Loan. Sundry dates. Sundry dates. July and Jan. New York. 6 per cent . - ■ Lien on road County Bonds. Oct. 1, 1856. Oct. 1, 1856. Oct. and Apr. Memphis and Charleston. 6 and 10 per ct. income. COST OF CONSTRUCTION. The total cost of construction is $3,416,676.56. The report of this company is made out from the report to stockholders in 1861— the books and papers of the company being in the hands of the former Secretary, and not at present accessible. TABLE III. CHAKACTERI.STICS OF THE UOAD. Total length of road 130.6 miles. Total length of road in Tennessee 130-6 miles. Total length of road finished 130.6 miles. Total length of road finished in Tennessee 130.6 miles. Aggregate length of sidings 4 miles. Number of sidings and turnouts 34 Weight of rail per lineal yard on main line 58 to 63 pounds. Weighton branches 45 to 58 pounds. Maximum grade on main line 52.8 feet. Total fall on main line 2640 feet. Total degrees curvature main liiae 1279 Total length of straight line on road Ill .6 miles. Width of earth excavation at grade 22 feet. Average slope of same - 1-5 to 1 foot. Width of embankments at grade 15 feet. Number truss bridges 14 Number draw bridges 1 Aggregate length of draw bridges 160 feet. Aggregate length of truss bridges 1480 feet. Aggregate length trestles 10,700 feet. Number crossties per mile 2400 Dimensions of crossties 7 x 8, 8 feet. — 90 — Character of timVjer used AV. and post oak and cypress. Character joint fastenings Wrought iron. Weight of cast or wrought iron chairs S to 12 pounds. Number railroads crossed at grade 2 Number waj' stations for express trains 15 Number flag stations IS Number of machine shops 1 Number of engine houses ] Wooden depot buildings 12 Number depot buildings, brick 1 Number turntables 4 Number wood stations 12 Number water stations 10 Number of repair houses 2 Number of switches 34 Aggregate length of switches 23,490. TABLE IV. KQUIPMENT OK THE KOAD. Number of locomotives 13 Number of passenger cars 9 Number of baggage and express cars 4 Number box and freight cars 50 Number of platform cars 70 Width and length of passenger coaclies 10 x 42 feet. Number of seats to passenger oars 60 Width and length freight cars 9 x 25 The succeeding tables show the history of the road during the war. TABLE V. INJURIES, ETC., TO ROAD liY REBELS. Road taken possession of .' June S, 1861 . Feet of bridging destroyed 1100 Feet of trestling destroyed 4000 Woodsheds and water stations destroyed •• . 4 Locomotives removed 8 Passenger cars removed 9 Freight and other cars removed 70 Was under control of rebel authorities from June 8, 1861. to 18H2. — 91 — TABLE VI. INJURIES, ETC., BY UNITED STATES AUTHORITIES. Taken possession of June 6, 1862. Miles of track destroyed 5 Depot houses destroyed 2 Engine houses destroyed 1 Repair houses destroyed 1 Woodsheds and water stations destroyed 3 Locomotives destroyed 2 Passenger and baggage cars destroyed 2 Freight and other cars destroyed 30 Value iron rails removed $50,000 Locomoti ves removed 7 Passenger cars removed 1 Freight and other cars removed 49 Value of other property removed (approximate) . $80,000 Total value property removed $200,000 TABLE VII. PRESENT CONDITIONS. Entire length of road built 130.6 mile. Estimated cost of putting road in running order to distance as above $250,000 Estimated cost for reequipment 150,000 Estimated time required 6 months. Estimated ability to pay interest past due, income after I year. OFFICERS OF COMPANY. Amos Woodruff, President ; S. K. Knowlton, Secretary ; Samuel B. Jones, General Superintendent. Directors — Amos Woodruff, Wm. Farrington, Edgar M. Davitt, Chas. B. Church, G. M. Bartlett, Ira M. Hill, Thomas G. Smith, J. H. Howell, George T. Taylor, Nathan Adams, James P. Wood, B. A. Williamson, Benjamin C. Brown. The principal office or address of the company is at Memphis, Shelby County, Tenn. — 92 — ROGERS VILLE & JEFFERSON RAILROAD. The books and papers of this company were all lost or destroyed during the war, and up to September 1, 1865, the company was in a partially disorganized condition. It has made no official report. From the present officers, however, I learn the following facts: Whole length of road, fifteen miles, the full extent of which was graded. It is now running for the distance of ten and a half miles. The bridge across Holston was par- tially built, all the heavy work being done, and arrangements made for its completion before the operations of the com- pany were suspended by the war, and iron was on hand to finish the track. The company has lost by this suspension the iron on hand, as well as the superstructure of the bridge. The recent Act of Legislature giving $100,000 additional aid to the company will afford the necessary relief. The com- pany has received State aid to the amount of $159,000, upon which it paid the interest to July, 1863. The road was turned over to the United States authorities in September, 1863, with all the stock and materials on hand, and was restored In September, 1865. No compensation has as yet been re- ceived from the Government for its use. NASHVILLE & NORTHWESTERN RAILROAD. The report of this company, though not full, owing to the interruption of operations by the war, presents an encourag- ing view of the prospects of the road. Its completion to the Mississippi River will be pushed forward with vigor, render- ing it one of the most important railroads in the State. —OS- TABLE I. STOCK AND DEBTS. Capital stock*as per charter $3,000,000 00 Amount subscribed by individuals 462,303 00 Amount subscribed by towns and cities 320,000 00 Amount subscribed by counties 450,000 00 Total amount subscribed 1,232,303 00 Amount paid in by individuals 338,200 48 Amount paid in by towns and cities 254,681 13 Amount paid in by counties 92,886 56 Total amount paid in 685,768 17 Amount of State aid granted 1,947,500 00 Total amount State aid received 1,455,000 00 Funded debt due on State bonds 349,200 00 Funded debt due to others than State 339,200 00 Annual interest on funded debt due to State 87,300 00 Annual interest on funded debt due others 81,408 00 Amount of floating debt 218,200 92 Average rate of interest on floating debt 6 per cent. TABLE II. CASH REALIZED FROM SALE OF STOCK OR STATE BONDS. Amount Sold. Value, per cent. Cash Realised. From stock From State bonds From Company bonds • . Davidson County bonds Total amount I 546,534 83 1,437,000 00 463,200 00 300,000 00 2,746,734 83 Par. 96, 30, 8s 93, 91, 6s 81, 02, 5s B 546,534 83 1,297,733 89 435,019 47 243,077 09 2,522,365 28 TABLE III. CLASSES OF FUNDED AND BONDED DEBT. Date of issue Date of payment Interest, where payable Rate of interest Character of security . . . Amount of sinking fund State Loan. From Dec. 5, 1859, to April 30, 1861 Various N. Y. & Nashville. 6 per cent Lien on road None. Company Bonds. Various dates. Various. 6 per cent. Second mortgage. —94 — TABLE IV. COST OF ROAD AND EQUIPMENT. Officers' expenses, stationery, etc . . . Discount on State bonds Discount on Company bonds Interest account Salaries Engineering Right of way Real estate Fencing, telegraph, grubbing, clear- ing, graduation, and masonry Bridges and trestles Crossties Iron rails, chairs, spikes, and fasten- ings Track-laying Passenger cars Total cost To Date. I 42,640 95 139,266 11 28,180 53 119,332 61 72,025 97 74,445 97 21,413 00 63,567 16 1,499,876 93 79,069 88 806,937 21 75,299 56 $3,022,055 88 Total Cost, Actual and Estimated. ; 42,640 95 139,266 11 28,180 53 119,332 61 72,025 97 83,895 97 21,413 00 63,567 16 1,557,626 93 289,069 88 30,000 00 1,079,977 21 19,800 00 75,299 56 $3,622,055 88 TABLE V. CHARACTERISTICS OF THE ROAD. Total length of road 172.25 miles. Total length of road in Tennessee 164.75 miles. Total length of road finished 159.25 miles. Total length of road finished in Tennessee 151.25 miles. Length of road graded in Tennessee 151.25 miles. Aggregate length of siding, excluding branches. . . 4.25 miles. Number of sidings and turnouts 20 Weight of rail per lineal yard, main line 56 pounds. Width of earth excavation at grade 18 feet. Average slope of earth excavation 1.25 to 1 foot. Width of embankments at grade 12 feet. Number of truss bridges * 25 Aggregate length of truss bridges 2350 feet. Aggregate length of trestling 10,000 feet. Number of culverts, wood 14 Number of culverts, masonry 250 Number of crossties per mile 2300 Dimensions of crossties 8 ft. long, 6x8 Character of timber used Oak and pine. — 95 — Character of joint fastenings Fish-bar andchair Weight of wrought or cast iron chairs 7 pounds. Number of miles of road ballasted 34 Number of miles of road fenced 10 Number of public roads crossed at grade 35 Number of railroads crossed at grade 2 Number of way stations for express trains II Number of turntables 2 Number of wood stations 2 Number of water stations 7 Number of switches 20 Aggregate length of switches 4.25 miles, TABLE VI. EQUIPMENT OP THE ROAD. Number of locomotives 5 Number of passenger cars 1 Number of baggage and express cars 1 Number of box and freight cars 1 Number of platform cars 7 Weight of passenger engines exclusive of tender. . 24 tons average. Width and length of passenger cars 10 ft. wide, 40 long Number of seats to passenger cars 20 Width and length of freight cars 9 x 30 feet. This road having been in the hands of the military authorities during the past year the company has done no business, and merely maintained its organization. The following table exhibits the losses and iujuries sus- tained by this road during the war : —96 — TABLE VII. LOSSES AND INJURIES DURING THE WAR. Taken possession of. Number of locomotives removed . . . Number of passenger cars removed. Number of freight and other ears re- moved , about Number of passenger cars returned. In possession of Miles of track destroyed Feet of bridging destroyed Feet of trestling destroyed Number of depot houses destroyed. Engine houses destroyed Woodsheds and water sta. destroyed Value of iron rails removed Value of other property removed. . . Locomotives returned Freight and other cars returned . . . . By Rebels. June, 1861. 3 3 6 1 June, '61, to April, '62. By U. S. Forces. East. Div. Feb. '62 West. Di V.Apr. '62 2 15 About 700 About 1000 2 1 5 $108,705 00 43,900 00 2 6 TABLE VIII. PRESENT CONDITION. Entire length of road 159.25 miles. Length of road now running 78 miles. Entire State aid received ^ $1,455,000 Estimated time required to put the road in run- ning order for the entire distance 1 year. ORGANIZATION. Michael Burns, President; John O. Ewing, Treasurer; William P. Innes, General Superintendent. Directors— M. Burns, R. C. McNairy, W. F. Cooper, A. H. Hicks, D. T. McGavock, W. H. Horn, W. F. Bang, Joseph M. Hewson, John A. Gardner, J. C. Rodemer, Robert Ury, C. S. Woods, Alfred Gardner. The principal office or address of tlie company is Nashville, Tenn. 97 MEMPHIS & CHARLESTON RAILROAD COMPANY. This company has manifested much energy in putting lis road in running order, since its release by the military author- ities. Its report, like those of most other companies, is im- perfect, owing to the destruction of its books during the war. The appropriation of $300,000 for its benefit, will enable it speedily to meet the business requirements of the commu- nity along this important route. TABLE I. STOCK AND DEBTS. Amount of capital stock as per charter . . Amount subscribed by individuals Amount subscribed by towns and cities. . Amount subscribed by counties .-. Total amount subscribed Amount paid in by individuals Amount paid in by towns and cities Amount paid in by counties , Total amount paid in Amount of State aid granted roadway . . . . Amount granted to bridges Amount of State aid State aid received on roadway State aid received on bridges Total State aid received Funded debt due on State bonds Funded debt due on others than State. . . . Annual interest due on funded debt due the State Annual interest due others than the State on funded debt Amount of floating debt Average rate of interest on floating debt . . Per last Report. Unlimited. $1,600,000 800,000 100,000 2,500,000 ] ,437,665 800,000 100,000 2,336,655 1,002,000 100,000 1,102,000 1,000,000 100,000 Small. To Date. ),312,725 1,100,000 1,049,000 1,294,000 62,940 90,580 Not asct'd. 6 per cent. *The amount of stock paid in has been increased by stock div- idends from earnings of road to $5,312,725. —OS- TABLE II. CASH EEATJZKD FROM SALE OF STOCK, OK STATE I'.ONDS. From stock From State bonds From Company bonds. Amount Sold. $2,337,665 1,100,000 1,600,000 Vahie per cent. Par. Par. 87.52 Cash Realized. $2,337,665 00 1,100,000 00 1,400,303 24 TABLE III. CLASSES OK FUNDED AND BONDED DEBT. state Loan. Company Iiond.The receipts and disbursements during military operations are shown on page 11 of this report. It includes one item of 8400 received from Railroad receiver. — 113 — plies beloDging to the Government, their own having been captured during the war. Large debts were thus incurred, some of which are already pressing upon the companies for payment. Most of these roads had large claims against the United States, which they had a reasonable hope would be credited to them. But in this they have been disappointed. Preamble of Resolution, Tennessee Senate. Whereas, The State of Tennessee has invested in the East Tennessee & Virginia and East Tennessee & Georgia Railroad, over four million dollars; and, whereas, when the military authorities turned over these roads to their owners the com- panies were compelled to purchase largely of the rolling stock and fixtures, thus incurring large debts; and, whereas, the Government is pressing the collection of these heavy debts, notifying the companies of its purpose to take posses- sion of the roads; and, whereas, the companies claim that after all just credits for the use of these roads by the Gov- ernment, that but little, if anything, will be owing to the Government. Ibid., page 24. Comptroller's Report as to Railroads. This temporary embarrassment, or the part of the roads that are yet embarrassed (referring to their failure to pay interest), is owing to the large sums of money necessarily expended in repairing the damage done to the roads during the war, as well as replacing with new rails and machinery those worn out in the service of the United States Govern- ment's transportation department during the war. Tennessee House Appendix, 1867-68, page 45. Report of Superintendent of Edgefield & Kentucky Railroad, 1868 — Engines and Cars. These were not in good order, those obtained from the United States Government especially requiring extensive re- pairs to gender them safe for use. Upon engines Nos. 1 and 8 — 114 — 5 (old No. 166), there has been expended for renewals, beyond what would be needed for ordinary repairs, $1300. They are both now in good working order. Senate Appendix, (Tennessee), 1868-69, page 125, Nov. 25, 1868. Report of Committee on Edgefield & Kentucky Railroad. The committee tind from the testimony of R. B. Cheatham, taken on March 17, 1870, that he was appointed receiver of said road in September, 1865, and continued as such receiver until October 1, 1868; that he paid to Maxwell, Saulpaw & Co., on account of constructing bridges, trestles, etc., on said road, the first lot of 115 bonds received by him from the State; that all of said 115 bonds were paid to them May 3, 1866; that he paid said bonds out at par; that said bonds were paid for building the bridges at Red River, Sulphur Fork, and trestles at Springfield and Spring Creek ; that the bridge at Red River was Ouilt during the year 1866; that the original contract was for less than $115,000 in bonds, and a subsequent contract was entered into. Said contracts are filed as exhibits, and made a part of his testimony. That W. F. Foster was his engineer, and made the estimates under said contracts. Tennessee Senate Appendix, 1870-71, page 405. The committee find from the testimony of W. F, Foster, that he was employed on said road in connection with the preliminary surveys ; also, by R. B. Cheatham, receiver, about January 1, 1866, until November 15, 1867; that he was em- ployed subsequently at different times by other parties ; that when employed by Cheatham the road needed extensive repairs, and the estimate tnade by him to put the road in running order was about $60,000. Ibid., pages 409, 410. That there were two engines, the Springfield and the E. P. Connell, included in the invoice of rolling stock pur- chased from the United States Government, that »originalIy — US- belonged to the company and was in the hands of A. Ander- son, receiver, when the road was seized by the United States authorities. Ihid., page 411. The committee find from the testimony of E. S. Cheatham that he was President and Director of the Edgefield and Kentucky Railroad from March 31, 1856, to January 31, 1861, when he was removed by the appointment of Adna Ander- son, receiver by Gov. Isham G. Harris; that he found a loco- motive, the A. G. Green, which belonged to the Edgefield & Kentucky Railroad, near Atlanta during the war, in control of the Confederate authorities, with other rolling stock that had been taken from the Edgefield & Kentucky Railroad Co. ; and that he received, for the use of said locomotive and rolling stock, "fifty non-taxable Confederate bonds," of $1000 each, which he has in his possession, and presented to the com- mittee; that he was informed, when he returned in 1866, that the engine, A. G. Green, was upon the Richmond & Danville Railroad, and that he so informed R. B. Cheatham, then receiver of the Edgefield & Kentucky Railroad, and re- quested him to take the necessary steps to recover the engine ; that there was two box cars belonging to the Edgefield & Kentucky Railroad, on the Vicksburg & Meridian Railroad, but does not know what became of them ; that two of the engines now on the road were the property of the company, and were turned over to Adna Anderson, receiver. Ibid., page 413. The committee find from the testimony of E. A. Fort that he has been connected with the Edgefield & Kentucky Rail- road since 1856; that he served as Director until March 1, 1869, when he was elected President; and was appointed receiver on October 15, 1869, and served as such until May 1, 1870; that he was informed by Mr. Goodhue that an engine — the A. G. Green — is on the Richmond & Danville Railroad, and that the same is the property of the Edgefield & Ken- tucky Railroad Company ; that the Richmond & Danville Rail- — lie- road Company purchased said engine from the United States Government; that he collected $1100 or $1200 of the stock of the Edgefield & Kentucky Eailroad Company, and paid the Secretary of the company, and not the receiver. Ibid., page 417. Testimony of R. B. Cheatham. R. B. Cheatham appeared before the committee and testi- fied as follows : Question — What disposition did you make of those 115 honds first received? Answer — Ttiey were paid to Maxwell, Saulpaw & Co., on account of constructing bridges, trestles, etc., on the Edge- field & Kentucky Railroad. Q. — Were all of these bonds paid to Maxwell, Saulpaw & Co. at one time? A. — They were, Q. — What was the date of the transaction? ^.— May 3, 1866. Q. — At what rate did you pay them — at par or otherwise? A. — I paid them at par. Q. — Please state, Mr. Cheatham, the exact amount of work done by Maxwell, Saulpaw & Co., for which you paid them these bonds? A. — For building the bridges at Red River and Sulphur Fork, and trestles at Springfield and Spring Creek. Q. — Please state, Mr. Cheatham, the length of bridge at Red River? A. — I refer to the contract and report of Morris, Engineer of the Chattanooga Railroad, made to G. W. Blackburo, Comp- troller. Q. — When was this bridge built? A. — Built during the year 1866. [Tennessee Senate Appendix, 1870-71, pages 423, 424.] — 117 — Exhibits to R. B. Cheatham's Deposition Showing Repairs on the Edgefield & Kentucky Railroad. [EXHIBIT A.] Articles of Agreement, made and concluded this 17th day of February, 18G6, between Maxwell, Saulpaw & Co., con- tractors, party of the first part, and the Edgefield & Kentucky Kailroad Company, by R. B, Cheatham, receiver, their duly authorized agent, party of the second part, whereby it is covenanted and agreed as follows, to wit: First — Said contractors, Maxwell, Saulpaw & Co., for themselves, their heirs, executors, administrators or assigns, hereby covenant and agree to furnish all the materials (not hereinafter provided for), and execute in a thorough and workmanlike manner, and to the satisfaction of the engineer of said road, all the following work, to wit: 1. The construction of three new spans of 156 feet each, of Howe Truss Bridge, at Red River, 2. The necessary repairs of one span of 156 feet, and one span of 78 feet now standing at Red River. 3. The repairs of the trestle at Red River. 4. The repairs of masonry at Red River. 5. The construction of two long spans of 166 feet and 156 feet, respectively, of Howe Truss Bridges, at Sulphur Fork. 6. The repairs of trestle at Sulphur Fork. 7. The repairs of masonry at Sulphur Fork. 8. The rebuilding of Spring Creek trestle. 9. The rebuilding of the Springfield trestle. Second — The Howe Truss Bridges herein contracted for, shall be exact duplicates in every dimension of the original structures built at those points; the timber used shall be the best character of white or yellow pine bridge timber, with white oak clamps and keys; the rods to be the best character of bridge-iron; the angle blocks of cast iron of approved • —US- quality, aud generally the entire work shall be of the best character of naaterial and workmanship. Third — The new trestle shall be built in accordance with the plan furnished by the engineer of the road, and will gen- erally be in bents of 18 feet each from center to center, each bent having a bolster under each stringer 12 feet in length. The timber used will be white oak, yellow poplar, white pine or other approved quality of timber, and free from all defects which will impair the strength or durability of the timber. Fourth — The repairs of the trestle at Sulphur Fork and Red River, will be constructed under the direction of the engineer of the road, and will be executed in such manner as to make the road secure and reliable beyond all question. Fifth — The party of the first part, shall have, without charge, the privilege of using such timber and iron now at said points belonging to said railroad company as will be suit- able for use in the new structures; said party of the first part collecting and straightening the iron at their own expense. Sixth — The north span, 156 feet, at Red River shall be erected fii'st; and on its completion trains shall commence running over the road at once and be continued without inter- ruption on account of the other work specified in this con- tract, unavoidable accidents or delays alone excepted. Seventh — Transportation on the line of the Edgefield & Kentucky Railroad of men and material for the work herein contracted for shall be furnished by the sftid Edgefield & Ken- tucky Railroad Company free of charge. Eighth — For and in consideration of the faithful execu- tion of all the work as aforesaid, and the fulfillment of all the provisions of this contract by the said contractors, their heirs, executors, administrators or assigns, the said Edgefield & Kentucky Railroad Company, by their said agent, does hereby covenant and agree to pay, or cause to be paid, to the said contractors, Maxwell, Saulpaw & Co., their heirs, executors, administrators, or assigns, the following amount, to wit: — 119 — For the completion of the eutire work, herein specified, agreeably to the terms of this contract, the sum of one hundred thousand dollars ($100,000) in Tennessee State bonds. Ninth — Estimates once in thirty days during the progress of the work will be made to the Engineer of said railroad of the work done,, and material furnished, to such amount as shall, in his judgment, be a fair average value of the same, agreeably to their contract; and of the amount so estimated the said contractors, Maxwell, Saulpaw & Co., shall be paid eighty (80) per cent in Tennessee State bonds, twenty (20) per cent being retained as collateral security for the comple- tion of the work ; and when done shall forthwith be paid in Tennessee State bonds to the said contractors. Maxwell, Saul- pa-w & Co., their heirs, executors, administrators or assigns. In testimony whereof, the said parties have hereunto set their hands and seals the day and year first written. R. B. Cheatham, Receiver Edgefield & Kentucky Railroad. R. B. Sloan. Maxwell, Saulpaw & Co. Jno. L. McClelland. [EXHIBIT B.] It is hereby agreed between Maxwell, Saulpaw &, Co , con- tractors, party of the first part, and the Edgefield & Ken- tucky Railroad Company, by B. B. Cheatham, receiver, its duly authorized agent, party of the second part, as follows, to wit; First — The said party of the first part hereby agree to construct for the party of the second part, the short spans of Howe Truss bridging required at Sulphur Fork and Red River, on the line of said railroad, said bridging to be exact duplicates in every dimension, of the original structures built at those points ; the timber used to be the best char- — 120— acter of white or yellow pine, white oak or yellow poplar, with white oak clamps and keys; the rods to be the best character of bridge-iron; the angle blocks of cast iron of approved quality; and generally, the entire structure shall be of the best character of workmanship. Second — For and in consideration of the faithful fulfill- ment of the above conditions, the said party of the second part, hereby agree to pay the said Maxwell, Saulpaw & Co. , at the rate of sixty-two dollars and fifty cents ($62,50) per lineal foot for said bridging, said payment to be made in Ten- nessee State bonds. Maxwell, Saulpaw & Co., K. B. Cheatham, Receiver Edgefield d^ Kentucky Railroad. Nashville, June 20, 1866. [EXHIBIT C] EDGEFIELD & KENTUCKY RAILROAD — FINAL ESTIMATE OF BRIDGING, TRESTLE AND REPAIRS, ENDING JANUARY 23, 18G7; MAXWELL, SAULPAW & CO., CONTRACTORS. 1. Original contract, including the rebuilding of the long spans at Red River and Sul- phur Fork, the rebuilding of Spring Creek trestle, the repairs of Red River trestle, and the repairs of masonry at Red River and Sulphur Fork, and the re- building of Springfield trestle $100,000 00 2. Rebuilding two short spans at Red River, 156 lineal feet Howe Truss bridging, at $62.50 9,750 00 3. Rebuilding two short spans at Sulphur Fork, 116 lineal feet Howe Truss bridg- inj;- at $62.50 7,250 00 — 121 — 4. Extra bill of timber for braces of old spau at Red River, not contemplated in the original contract, 14,366 feet by meas- urement $ 526 75 5. Cost of loading same 49 17 6. New crossties, furnished at Red River, 13,204 feet by measurement 571 28 7. Labor of putting on the same 516 67 8. New crossties furnished at Sulphur Fork, 6,314 feet by measurement 278 13 9. Labor putting on the same 316 67 Total $119,258 62 W. F. Foster, Engineer, Received, this 28th day of January, 1867, of R. B. Cheat- ham, receiver of the Edgefield & Kentucky Railroad, the sum of one hundred and nineteen thousand two hundred and fifty- eight dollars and sixty-seven cents in fennessee State bonds, in full payment for all work done by us on the Edgefield & Kentucky Railroad, as set forth in the within total and final estimate. ($119,258.67.) [EXHIBIT D.] It is hereby agreed between the Edgefield & Kentucky Railroad, by R. B. Cheatham, receiver, party of the first part, and Wm. Moore, contractor, party of the second part, as fol- lows, to wit: First — Said Wm. Moore hereby agrees to deliver along the line of said railroad, between Ridge Top Station and Adams' Station, twenty-five thousand (25,000) crossties, each tie to be eight feet long, six inches thick, hewed true on two parallel faces, each face to be six inches wide, exclusive of sap ; said crossties to be of white Spanish chinquepin, or post — 122 — oak, or young chestnut, and to be delivered as above speci- fied within sixty days from signing this contract. Second — For and in consideration of the faithful fulfill- ment of the above conditions by said William Moore, con- tractor, the said Edgefield & Kentucky Railroad, by R. B. Cheatham, receiver, hereby agrees to pay said Wm. Moore the sum of eighty-three and one-third (83^) cents for each crosstie, after the same shall have been inspected and re- ceived by the engineer or other duly authorized agent of said railroad, the above payment to be made in Tennessee State bonds. William Moore, R. B. Cheatham, Receiver. Nashville, October 1, 1866. EDGEFIELD & KENTUCKY, RAILROAD. Final estimate of crossties delivered between Ridge Top and Adams' Station, ending November 15, 1866, William Moore, contractor. 23,987 crossties, at 83^ cents each $19,989 17 W. F. Foster, Engineer. Received of R. B. Cheatham, receiver of Edgefield & Ken- tucky Railroad, the sum of nineteen thousand nine hundred and eighty-nine dollars and seventeen cents, in Tennessee State bonds, in full payment for all the work done by me for the Edgefield & Kentucky Railroad, as set forth in the above final estimate. ($19,989.17.) William Mooke. [EXHIBIT E.] It is hereby agreed between William Moore & Co., con- tractors, party of the first pai't, and the Edgefield & Kentucky Railroad Company, by R. B. Cheatham, receiver, its duly au- thorized agent, party of the second part, as follows, to wit: First — Said party of the first part hereby agree to furnish all the material and construct, in a workmanlike manner — 123 — and agreeably to the plans furnished by the engineer of said Edgefield & Kentucky Railroad, the four spans Beane truss bridging required at the crossings of Mansker's Creek on the line of said railroad ; also, to make any necessary repairs or changes required in the masonry abutments for the same, the timber to be the best quality of white oak or yellow pop- lar, and the iron rods, bolts, etc., to be approved quality of bridge-iron. Second — For and in consideration of the faithful fulfill- ment of the above conditions, the said party of the second part, hereby agrees to pay said William Moore & Co., for the bridging, the sum of six thousand three hundred and thirty- three and one-third dollars ($6,333.33^), and for the masonry the. sum of thirty-three and one-third dollars ($33.33^) per perch, said payments to be made in Tennessee State bonds. William Moore, R, B, Cheatham, Receiver. Nashville., August 1, 1866. EDGEFIELD & KENTUCKY RAILROAD. Final estimate of masonry and bridging at the four cross- ings of Mansker's Creek, ending October 1, 1866, Wilfiam Moore & Co., contractors. Four spans Beane truss bridging $6833 33 84 perches H. D. masonry, at $33.33^ per perch . 2800 00 Total $9133 33 W. F. Foster, Engineer. Received, this 1st day of October, 1866, of R. B. Cheatham, receiver of the Edgefield & Kentucky Railroad, the sum of ninety-one hundred and thirty-three dollars and thirty-three cents, in Tennessee State bonds, in full payment for all work done by me for the Edgefield & Kentucky Railroad, as set forth in the above final estimate. ($9,133.33.) Wm. Moore & Co. [Tennessee Senate Appendix, 1870-71, page 446.] — 124 — Deposition of W. F. Foster. W. P. Foster appeared before the committee and testified as follows : QUESTIONS BY MR. TOWNSEND. Question — Will you please state whether or no, you ever was employed on the Edgefield & Kentucky Eailroad as a civil engineer; and if so, by whom, and for what length of time? Answer — My first engagement on that road commenced with the preliminary surveys, and ended on completion of the road, under the employment of A. Anderson, Chief Engineer. I was also employed by Mr. E. B. Cheatham, receiver, com- mencing about January 1, 1866, and ending about November 15, 1867. I was also employed at different times, by the subsequent engineer, Mr. Hassard, and by H. L. Shepherd, Superintendent, and J. B. Brownlow, receiver. I have since that time, performed services for Colonel E. A. Fort, present receiver. Q. — Please state the condition of that road when you were employed on the first of January, 1866, by Mr. Cheat- ham, receiver. A. — The road was in a condition needing extensive repairs. The Red River bridge was impassable, one span being gone and the others unsafe. The trestle approach to the Red River bridge was also unsafe. Spring Creek trestle was unsafe. Sulphur Fork Creek was crossed by a trestle that was unsafe, and liable to be carried away by high water. The trestle at Springfield was also unsafe. The trestle at Mantloe's Hollow also needed repairs. The Dead Horse tres- tle also needed repairs.. The three crossings at Manscoe's Creek were- by trestle, and liable to be carried away by high water. The fourth crossing was by bridge, which was unsafe. The road was in need of new crossties, to a great extent, throughout; the cuts all needed ditching. North of Red Riyer new cattle guards were required. With the exception — 125 — of Springfield, new depot accommodations were required. The high trestle at the bridge was comparatively new and in good condition. The depot at Baker's Station was a small frame machine shop, in fair condition, but too small for the purpose, Q. — Will you please state what you mean by unsafe, as applied to these trestles and bridges. A. — I mean a structure which shows such signs of decay or other weakness as to make it unsafe to risk life and property in crossing by railroad trains. Q. — Please state whether or not, any repairs, work and labor had been put upon the Edgefield & Kentucky Eailroad by any person or persons, other than United States employes, prior to your employment as engineer on January ], 1866, and subsequent to the release of that road by the Govern- ment? A. — I can't say postively, having no knowledge of any work being done previous to the contract of Maxwell Saulpaw & Co. Q. — Did you make any estimate at that time to ascertain the amount required to put the road in running order? A.— I did. Q. — Have you that estimate? A. — I have not. I made an estimate and furnished to the receiver, Mr. Cheatham, at the time, but have no copy. Q. — To the best of your recollection, what was the amount of that estimate? A. — 1 think that the items included in the first estimate amounted to about $60,000. This was for specified items, and did not include all the work necessary on the road. Q. — Did you make the estimates for the work to be done by Maxwell, Saulpaw & Co., under their contracts, and if so, how many, and how often did you make them? [Tennessee Senate Appendix, 1870-71, page 460-61.] — 126 — Testimony of J. M. Speer, Roadmaster. Answer — There were services performed for which there were no cash collections, including mail services, transporta- tion United States and State troops, etc. Question — Do you know the amount of such earnings that were uncollected? A. — I do not. Q. — Do you know whether or not, any of such earnings were ever collected; and if any, by whom the same were col- lected? A. — I know of no collection of such earnings. Q. — Who can give a statement of the amount of such earnings? A. — I suppose Mr. Linker, the book-keeper, could make a statement of such earnings. [Tennessee Senate Appendix, 1870-71, page 4JJ6.] Answer — Mr. Adna Anderson had charge of said road in the year 1862, until the fall of Fort Donelson. The remainder of the time, while it was operated, it was operated by the United States Government, except the time the road was operated by E. M. Reynolds, under the appointment of Gov. Johnson. [Ibid, page 481-83.] Deposition of E. S. Cheatham. E. S. Cheatham, being sworn, testified as follows, to wit: QUESTIONS BY MR. HALL. Question — State whethet or not, you were ever connected with the Edgefield & Kentucky Railroad ; if so, state what length of time and in what capacity you were so connected? Answer — I was elected as Company Director, March 31, 1856, and also President at the same time, and continued as — 127 — such to March 31, 1869. Od January 31, 1861, 1 was removed as actual President, and Adna Anderson was appointed Be- ceiver by Gov. I. G. Harris. From January 1, 1861, to March, 1869, 1 was made nominally President, being President simply of the Stock Board, to keep up the organization. Q. — Was there, or not, an*- engine on the Edgefield & Ken- tucky Railroad known as the A. G. Green? A. — Yes, sir; there was. Q. — What became of that engine? A. — That engine was carried South, by order of the Coa- federate authorities, in 1862. Q. — Did you, or not, ever see said engine after it was car- ried South; if so, where, and when, did you see the same? Did you take charge of said engine; if so, what did you do with it? If you sold it, to whom did you sell it; for what price did you sell it, and what disposition did you make of the proceeds of the sale? A. — I saw said engine near Atlanta, Ga., in March, 1864, in a dilapidated condition, in the cpntrol of the Confederate authorities. I never got control of said engine. After learn- ing the condition of the locomotive, A. G. Green, and the use of rolling stock that had been taken from the Edgefield &, Kentucky Railroad Company, I left for Richmond, Va., and succeeded in obtaining from the Confederate Government, for the use of said rolling stock and the said locomotive, A. G. Green, fifty non-taxable Confederate bonds, of $1,000 eacl;i, which I have in my possession, and herewith present to the committee. Q. — With what Confederate officer was the above transac- tion negotiated, and by what authority did you make said negotiation? A. — I made said negotiation with Quartermaster Lawton, then in the city of Richmond, Va.; I made the negotiation as President of the Edgefield & Kentucky Railroad, after consul- tation with Mr. Andrew Ewing, who was one of the Directors — 128 — of the Edgefield & Kentucky Kailroad, who had been the legal advisor of said railroad company. Q. — State if you know where said engine, A. G. Green, now is; and where is the rolling stock taken from said road by the Confederate authorities ? A. — Before I came back here in March, 1866, I was in- formed that the engine, A. G. Green, was upon the Rich- mond & Danville Kailroad ; on my return to Nashville, Tenn., I iuformed R. B. Cheatham, who was then receiver of the Edgefield & Kentucky Railroad, of the fact above stated. I stated to him that A. F. Goodhue knew the locomotive, and requested him to take the necessary steps to recover the said engine; and as to the rolling stock, I know nothing, except that two of the box cars were on the Vicksburg & Meridian Railroad; but what has become of them I am not able to say. Q. — Are tae bonds herewith presented to the committee the identical bonds received by you from the Confederate Government, for the use of the engine and rolling stock? A. — Yes, sir; they are. Q. — Was.one coupon detached from each bond at the time you received them; if not when and by whom were they detached, and what disposition was made of them, if you know ? A. — The coupons were not ofl" when I received them; I took them oti" and paid them towards defraying expenses in making the negotiations with the Confederate Government, and no part of them was used for my own use or benefit. Q. — State, if you know, what amount of rolling stock was on the Edgefield & Kentucky Railroad at the time you tut-ned it over to Adua Anderson as receiver? A. — I do not now remember, except as to the engines, there were three of them ; I took an inventory of the rolling stock at that time but lost it during the war. Q. — State, if you know, whether or not any of the rolling stock now on the Edgefield & Kentucky Railroad, constitutes any portion of the stock turned over by you to Anderson ? A. — Yes, two of the locomotives are yet on the road. — 129 — Q. — Do you know whether or not the two engines above mentioned were included in the purchase from the United States Government? A. — I do not of my own knowledge ; but the two engines now here, that is to say, the E. P. Connell and Springfield^ were never carried South. Q, — State whether or not you ever used, while South, during the war, or after, the A. G. Green, or the proceeds of the A. G. Green, or any of the rolling stock belonging to the Edgefield & Kentucky Railroad, or any other property of said road for your own individual use or profit? A. — I never did, sir, Q. — State whether or not you have ever used since you have returned from the South the Edgefield & Kentucky Rail- road in the shipment of freights for which you paid nothing, or have you in any way used any of the property of the road, or the proceeds of the same, without a just compensation? A. — I never have, sir. Q. — What interest has the Edgefield & Kentucky Railroad in the railroad now operated jointly by the Edgefield & Ken- tucky and Louisville & Nashville Railroad Companies, between Nashville and Edgefield Junction? A. — A common interest in the bridge crossing Cumber- land River, except the iron superstructure — the original superstructure built on joint account, before the war, having been destroyed — the approaches to the bridge on both sides of the river, the road bed, the right of way, iron purchased in common, the road having been built jointly by the Louis- ville & Nashville Railroad and the Edgefield & Kentucky Rail- road; the appropriation by the State having been received and used jointly in the purchase of iron and bridge building, as provided by law. The siding at Madison Station was built exclusively by the Louisville & Nashville Railroad. E. S. Cheatham, [Tennessee Senate Appendix, 1870-71, page 513.] 130 — Evidence of E. A. Fort. E. A. Fort, receiver of the Edgefield & Kentucky Railroad, appeared before the committee, and being duly sworn, testi- fied as follows: QUESTIONS BY MR. TOWNSEND. Question — Please state whether you have ever been con- nected with the Edgefield & Kentucky Eailroad ; and, if so, in what capacity, and for what length of time. Answer — I have been connected since 1856, when I was elected a Director, and served as such until March 31, 1869, when I was elected President, and have served as such up to the present time. I was only nominally President up to October 15, 1869, when I was appointed receiver, and have acted as such up to the present date. Q. — Will you please state what knowledge or information you have of any of the rolling stock, materials, implements and equipments having been taken off of said road at the beginning or during the war; when they were taken, and by whom? A. — 1 know nothing about it personally myself, but from information, all of the rolling stock, with the exception of two engines, one passenger, and perhaps one or two box cars, were taken South; by whom I cannot say. Q. — Have you any knowledge or information what become of the rolUng stock taken South? A. — I never heard anything of any of the roUing stock, with the exception of one engine, the A. G. Green, which was on the Richmond & Danville Railroad, in possession of that company. Q. — Do you know how that engine got in possession of that company ? A. — I understood they purchased it from the United States Government. Q. — You have stated in your answer to three })revious — 131 — questions, that what you know was derived from informa- tion. Please state who gave you such information 1 A. — So far as the answer to the first question referred to, I do not remember. Mr. Goodhue gave me the information in regard to the engine, A. G. Green, being on the Eich- mond & Danville Kailroad; and also, that the parties then having the engine in possession, had purchased the engine from the Government. [Tennessee Senate Appendix, 1870-71, pages 549-50.] Report of Committee on the McMinnville & Man- chester Railroad — Deposition of P. H. Marbury. During the late war, the Federal army, by order of Geu. Grant, removed about 25| miles of iron, chairs, spikes, frogs, switches, etc., etc., and placed them, as I am informed, on the Nashville & Chattanooga Railroad. The depot build- ings, round-house, car sheds, shops, etc., at McMinnville were all burnt, including the books and papers of the company. The bridges over Barren Fork and Hickory Creek were burnt, the brick depot at Morrison was burnt, and the depot at Man- chester was almost entirely destroyed. Question — Has this road at any time paid the interest upon • the State bonds, and, if so, up to what time, and what were the average net earnings of your road up to the time of its ceasing to be run by reason of the war? Answer — The road paid the interest on its bonds promptly, while the company run it, and after the company leased the road to the Nashville & Chattanooga Railroad Company, the Nashville & Chattanooga road paid the interest promptly until the war. I do not remember the amount of the net earnings of the road while the company run it, and cannot now certainly ascertain in consequence of the loss of the books by burn- ing, but my recollection is that the net earnings of the road before the war was about eighteen to twenty thousand dol- lars per annum. —132 — Q. — Please state how the four hundred thousand dollars of the bonds of the State of Tennessee, received by you as President of said road were used; were they sold and the proceeds disbursed, or were the contracts for rebuilding, etc., made on a bond basis or not? If said bonds were sold, when and where were they sold, and at what price ? If used in paying for said contracts, at what rate of discount? Have you any statement of such disbursements and vouchers for the same; and if so, please present it and them for the in- spection of the committee? A. — A large proportion of the bonds were used in pay- ment at par for iron, chairs and spikes, and construction, in- cluding bridges and trestles, stock gaps, etc. A portion of them were sold for cash to pay incidental expenses and work that could not be contracted for, payable in bonds, as well as a portion of the iron. A statement, marked Exhibit B, is herewith filed, showing the price they were sold for. [Senate Appendix, 1870-71, pages 580-81.] EXHIBIT TO P. H. MARBURY'S* DEPOSITION. SHOWING DISBURSEMENTS TO REBUILD ROAD. For account of iron rails $213,177 46 For account of freight on rails 25,350 00 For account of chairs and spikes 23,000 00 For account of equipments 3,000 00 For account of construction 110,000 00 For account of bonds sold for currency 30,472 50 For account of Receiver Irvin G.OOO 00 Total $4iO,U99 96 Note. — This was paid for by State aid bonds. [Tennessee Senate Appendix, 1870-71, page 193.] * Printed "Marberry" in Pub. Docs. Tenn., 1859-60. 133 McMinnville & Manchester Railroad — Evidence of Charles H. Irvin, Receiver. Question — Please state how you ascertained in your report of December 12, 1869, to a Comnaittee of the Legislature, the amount of material used by the United States Government belonging to said road, and also, what evidence you can fur- nish or suggest to the Committee of the validity of the claim in favor of said road against the Nashville & Chattanooga Railroad mentioned in your said report. Answer — The claim against the United States can be substantiated by the former officers of the company, by the testimony of Charles Howlett, D. E. Davenport, J. Farrar and others who were engaged in tearing up and moving the mate- rial mentioned. The contract with the Nashville & Chatta- nooga Railroad is a matter of record both in the offices of the Nashville & Chattanooga and the McMinnville & Man- chester Railroad; and every officer of the McMinnville & Manchester Railroad, who was in the office immediately before tbe war, know the circumstances of the contract. Mr. Muzzy, who is now running on the road as engineer, can testify as to the use of the cars and engines during the war, and the reports of the Nashville & Chattanooga Railroad offi- cers, made to the company since the war, show that they received pay for services and use of cars, etc., while they were down South. [Tennessee Senate Appendix, 1870-71, pages 642-43.] Testimony of D. E. Davenport, Receiver of the Mc- Minnville & Manchester Railroad. Answer — I had a commission from Gov. Brownlow to prosecute the claim the said road had against the United States Government for iron and material taken from said road by the army of the United States. The amount of the claim was $314,490.67. A true copy of said authority I here- with file, marked Exhibit D. — 134 — Question — By what means were the various items of charges contained in said claim against the Government of the United States ascertained, and what proof or evidence of the justness and correctness of the same exists, and what effort has been made by you or by any other person to secure the collection of the same from the Government of the United States ; and what do you think are the chances of its collection? A. — Said road was taken up by me for the United States Government during the first part of the year 1864, and finished about April 1, 1864. The amount is arrived at from the amount of iron, chairs, and spikes, frogs and switches, actually taken from said road by an account kept by me at the time. In addition to my own statement, I have affidavits of other parties on file in Washington as to the correctness and justness of said claim. After receiving my commission I made several trips to Washington, and had other persons accompany me for the purpose of substantiating said claim. I also furnished means to parties at Washington for the purpose of pushing said claim — say about $2,000. I think the prospect good. [Ibid, page 646.] REPORT OF COMMITTEE. The committee find a claim for $169,250 against the Gov- ernment of the United States for iron rails and other mate- rials taken from this road for the use of the army of the United States during the late war; which has been made out and properly tiled in the Quartermaster General's Office at Washington, and which the committee believe to be a just and valid claim against tha.United States Government. [Tennessee Senate Appendix, 1870-71, page 569-70.] 135 Report of Committee on Memphis, Clark sville & Louisville Railroad— Reports Showing Condition of Road After the War. Office of Assistant Engineer Eastern Division, Memphis, Clarksville & Louisville Railroad, Clarksville, October 4, 1867. G-eo. T. Lewis, Esq., Receiver of the M., C. d; L. B. R.: Sir — Your letter of the 2d inst., requesting a full report of the condition of my division at the time I took it in charge; the quantity of earthwork, trestling, bridging, etc., that has been done, and the condition of the division on the 1st inst., has been received, and I hereby make the following report : The division begins at the State line and ends near the west foot of Tennessee Ridge, a distance of forty-three miles. I took charge of it on November 1, 1865. At that time, only the part of the division between Clarksville and the State hne was in running order, and a portion of this was subse- quently abandoned, owing to the unsafe condition of Red River trestle — the trains only running from the Fair Ground to the State line, a distance of eleven miles. The road on the west side of the Cumberland was in much worse condition. The first span across the river was totally destroyed, having been burned during the war; the small bridge, spanning Water street, and connecting with the main one, was materially injured; the end being badly smashed and torn by falling timbers. The draw was not in working condition — the turning apparatus having been thrown off the circle, and evidence of decay in the whole superstructure was so apparent that no attempt was made to turn it from the rest-piers until it was partially repaired. The permanent span west of the draw was not in much better condition, and was not crossed by a train until it was strengthened by sus- pension rods and additional bracing. The long line of trestle — 136 — (2200 feet) across Cumberland River bottom, also needed repairing; braces, posts, stringers, caps, sills and ties ha'd rotted, and until they were replaced by new ones, the trestle was not considered safe. The trestles along the whole line of the division, all required more or less repairs; many of tbe timbers appeared sound, but on boring into them it was discovered that they were rotten at a depth of from one-half inch to two inches, the solid wood fibre being only a thin external shell. The Budd's Creek trestle was much injured by high water; out of ten spans on the east side, only five were left stand- ing, and two out of four on the west side were washed away; also, the four girder bridges of fifty feet span each, together with the wooden piers which rested on the top of the ma- sonry, were also floated off, and more or less injured. The timbers in these bridges, it was supposed, were nearly all sound, and that with a few additional pieces, they could be used again ; but upon a close examination it was discovered that the rot had set in, and that it was necessary to replace them all by new ones. Out of the twenty-one bents of the Allen's Branch trestle, only three were left standing; the rest were floated from their position, and many of them torn to pieces. Some of the timbers were used in reconstructing the work. The four girder bridges of fifty feet span each, connected with this trestle, were much injured by the water ; many of the posts and braces of the piers which supported them were in bad condition, having rotted and detached themselves from the caps and sills — the water here rose to the top of the stringers. Palmyra bridge appeared in good condition, except a few defective floor beams and ties, and was considered safe until a more thorough examination was made, after which it was thought advisable to put three bents of trestle under it. Between the bridge and the tunnel — a distance of a few hundred feet, and on a deep fill — one hundred and fifty feet of track was washed off the roadbed and down the side of — 137 — the bank. In the tunnel and approaches much material had washed on the roadbed, covering the track in the east end of the tuunel, at one place a depth of six or eight feet. This fell from an opening, twenty feet long, in the roof, occasioned by a break in the rocky strata above. Between Cumberland River trestle and Palmyra, more or less material had washed in all the cuts — in many of them the track was covered up for a depth of several feet at the sides, and some of the banks were washed at the top and reduced to half of their original width. The three trestles across the deep hollows, below and within one mile of the tunnel, were all floated from their positions, and many of the timbers washed away; several bents were torn from the stringers and carried off by the current. The other trestles east of Cumberland City, and up to this point, were all more or less damaged by the high water. The girder bridge of sixty feet span, at Grice's Creek, was thought to be in good order; but after a careful examination was made it was deemed advisable to replace it by a new one. The road between this creek and Cumberland City, a dis- tance of one and a quarter miles, was much washed, the water undermining the track, and causing the embankments in many places, to settle. This was likewise the case as far as the east foot of the ridge. I found Well's Creek Bridge No. 1, in good condition, a a few floor beams and ties only necessary to be removed. Bridge No. 2, (two girders of fifty feet span,) on the same creek, was washed away. The middle and east piers were gone, and the west pier partly undermined. The channel of the creek at this poiut was entirely changed by the force of the current. The wreck of the bridges were lying a short distance below ; the timbers rotted, and one of them entirely destroyed. Bridge No. 3, the same in dimensions as No. 2, was floated from position, and the middle pier undermined — a number of — 138 — stones falling into the stream. It would have been exceed- ingly difficult, if not altogether impracticable, to have re- paired this pier. A mile and a half west of this point there was a side wash of one hundred and fifty feet in the bank, the track falling into the bed of the creek. On Tennessee Ridge there were formidable obstructions on the roadbed. In the two principal cuts a large quantity of material had accumulated on the track by slides and dis- integration, varying in depth from a few inches up to ten feet. These cuts were taken out originally to a slope of hall' a foot horizontal to one vertical, and to a depth, at center, of about fifty feet. The material is a stiff, red clay, in which is embedded masses of gravel, boulders, angular stones, seams of pipe clay, indurated earth, and here and there small beds of iron ore, rendering it exceedingly difficult to remove. West of the main cut, and just at its mouth, a large quantity of water had dammed up, which could not be drained, and which would unavoidably retard the work at that end ; and the drainage also from the sides being checked by the irreg- ular deposits in the cut, the water above percolated to the roadbed, rendering the material, for the depth of several feet, no better than puddling to remove. West of Lewis' Branch there were two breaks in the banks. One thirty feet long by twenty feet deep, and the other sixty feet long by twenty-five feet deep, at deepest part, besides several other washes varying in length and depth. From these washes to the west foot of the Kidge, near the end of the division, the roadbed was in fair condi- tion and the track in good alignraeot. The condition of the ties varied in different parts of the division. After walking over the line in December, 1805, I estimated that it would require, on an average, about three hundred to the mile to put the track in fair ruuuiug order. They were worse between Clarksville and Palmyra than on any other part of the division, and best on the Ridge and westward to its foot. There were about one hundred and — 139 — sixty defective rails between Clarksville and the State line. On the west side of the Cumberland, and as far as the divi- sion extended, the heavy rails were all good, and only a few of the light tabular rails had given away. Many parts of the road between the Cumberland river trestle and the west foot of the ridge were overgrown with grass, weeds, broomsage, brush and briers; and the track torn up at different points by the farmers for the conven- ience of road crossings — two rails being displaced on oppo- site sides. The tanks all required repairs, except the two between Clarksville and the State line. The switches west of the Cumberland, and side tracks, were all out of order, many of the rods of the former having been carried ofif, the targets bent down and the circles broken. There were scat- tered along the division, at the time I took charge of it, a quantity of railroad material of different kinds, nearly all being worthless, except about nine hundred railroad chairs, four frogs, and as many sets of spring rails. The following is an estimate of the quantity of — Material removed from cuts, and washes tilled up 30,000 c. yds. First class masonry 135 c. yds. Culvert, masonry 225 c. yds. Timber used in new trestle 305,000 b. m. Ties contracted for 40,000 Ties put in track 40,000 Ties delivered on road 12,000 Wood contracted for 3,000 cords. Wood delivered 600 cords. BRIDGES. Cumberland Kiver — one span McCallum truss 198 feet long Finished. One draw, Fink's patent, 276 feet long Finished. One V truss, Fink's patent, 218 feet long Finished. Howe truss No. 2, Well's Creek, 127 feet long Finished. — 140 — Howe truss No. 3, Well's Creek, 117 feet long Finisbed. Four new girder bridges, 50 feet span Finished. One new girder bridge, 60 feet span Finished. New bridges have also been contracted for to replace the old ones at Yellow Creek and Palmyra. I am, very respectfully, your obedient servant, John B. Tapscott, Assistant Engineer in Charge Eastern Division. Office of Assistant Engineer Western Division, Memphis, Clarksville & Louisville Kailroap, Danville, Tenn., September 1, 1866. Geo. T. Lewis, Esq., Receiver M., C. & L. R. R. : Sir — In the following you have my report as Assistant Engineer: On the 29th of January, 1866, by order of G. 0. Breed, Esq., Chief Engineer of your road, I took charge of the West- ern Division of said road, embracing the 44th and 83d sec- tions, inclusive. At that time the road was overgrown with bushes, sap- lings, briars and grass; the removal of which occupied a con- siderable force for some time, bushes in many places being so thick as to prevent the use of truck and hand cars ; the cuts throughout the entire division filled in, and in many places the track covered from eight to ten feet deep, caused by disintegration of material from sides, and heavy slides; the embankments settled and washed narrow at many points to such an extent as to require both raising and widening to admit of the passage of trains. All the bridges and trestles were either destroyed or decayed, requiring new structures and extensive repairs. New floor beams, track stringers, and many new bolts were put in the two trussed girder bridges over Cane Creek. The Tennessee River bridge, the superstructure of which was —141 — destroyed by the Federal army in February, 1862, to be rebuilt, the greater portion of the masonry answering ; and the uDdermiuiug by the river of the western abutment to such an extent to require its beiog rebuilt, the trestle con- necting west end of bridge, containing sixty-one bents, eigh- teen feet from center to center, an average of thirty feet high, requiring twelve new bents; said bents were destroyed at the same time by same parties who destroyed the bridge; the repairing of the remainder and replacing of many bolts. The bridge over Crooked Creek, an inaproved Howe Truss of one hundred and tifty-seven feet total length, resting at each end on two timber piers, was destroyed in February, 18G0, by Confederates. The trestle connecting with the west end of this bridge, containing thirty-two bents, eighteen feet span, with an average height of twenty-five feet, was washed from its proper position by high water from Tennessee River, which was from two and one half to three feet deep on the track fi'om the west end of Tennessee River trestle, for a dis- tance of two miles, westwardly. Trestle over Sugar Creek, forty feet long, an average of seven feet high, washed ten feet from track. Trestle at Also()'s Branch; new trestle required, sixty feet long and five feet high. BigSaidy trestle, containing twenty-one bents, an average of fifteen feet high; paitially cut and burnt by Confederate soldiers. Big Sandy bridge, burned at same time of partial destruc- tion of trestle, by same parties; was a truss girder, fifty- seven feet total length, resting on timber piers which were not injured. Trestle at Hancock's Branch, containing five bents, eigh- teen foet from center to center of bents, an average of fifteen feet liigh; destroyed during the war by Confederates; new structure required. Clandening Branch trestle, forty feet long and eight feet high, two bents washed out; new ones required. — 142 — Hasting's Branch trestle, thirty feet long and eight feet high, destroyed; new structure required. West Sandy trestle containing seven bents, eighteen feet from center to center, average fifteen feet high, destroyed; new structure required. Bailey's Fork bridge trestle, one hundred feet long and fifteen feet high, two bents washed away; remainder re- quiring repairs. Pryor's Branch ti*estle, forty feet long and fifteen feet high, washed away; new structure required. Second crossing of Bailey's Fork, one hundred feet long and fifteen feet high, one bent washed away ; remainder requiring repairs. Trestle over Currier's Factory race, containing six bents, eighteen feet from center to center, average of twenty feet high, requiring two new bents and stringers. Several other small trestles over Bailey's Fork requiring repairs, and two requiring to be rebuilt, thirty feet long and five feet high; the last named trestles were those nearest Paris Depot, entirely destroyed, each containing four bents, eighteen feet from center to center, and twenty feet high ; all to be new structures. Timber culverts and cattle guards required to be made anew throughout the entire division. The crossties decayed to such an extent as to require from five hundred to one thousand new ones per mile. Owing to the unsettled state of the country during the war, the farmers living adjacent to the road were in such great want of material for blacksmithing, etc., that they used all the rods, bolts and even the spikes and chairs, cut bridges and trestles to get the rods ; also switch circles, targets and connecting rods were taken- off and used for same purpose. Owing to the isolated condition of this portion of the road, it was with the greatest difiiculty that labor could be procured; in fact, after repeated endeavors, the price for laborers was raised from one dollar and fifty cents to one — 143 — dollar and seventy-five cents per day, this being the only means to get them to remain west of Tennessee Kiver. These exorbitant prices were, however, reduced by your order on the 1st inst., through trains having commenced running on the 12th inst. Considerable expense was incurred in removing wrecks and old timbers from both bridge and trestle sites. Total length of bridges rebuilt 1769 linear feet. Total length of trestles rebuilt 4064 Unear feet. The following is an estimate of the amount of work done : Clearing forty miles of road. Timber for truss girder bridges 18,670 feet b. m. Timber for trestle and repairs 249,948 feet b. m. Timber for culverts and cattle guards 37,400 feet b. m. Expended in the excavation of trestle foundations and sinking of piles, $2,000. Robert L. Cobb, Assistant Engineer. [Tennessee Senate Appendix, 1870-71, pages 741-48.] Memphis & Clarksville Railroad — Testimony of G. B. Faxon. Question — What was the condition of said road at the time George T. Lewis was appointed receiver; what improve- ments were put upon the same during his receivership, and what was the condition of the road and rolling stock at the time he turned it over to his successor; and how did the earnings during his receivership compare with the subse- quent earnings of the road! Answer — I am not prepared to give an intelligent and sat- isfactory answer to this question at this time, in the absence of the necessary papers; but will state what I am able, from my best recollection. At the time Mr. Lewis entered upon his administration of the affairs of the road, he found it in — 144 — a very dilapidated condition — trestles decayed, bridges destroyed, and embankments washed away. The entire road needed new crossties. The road at Tennessee Ridge and Benton Ridge was covered for several hundred feet with dirt, caused by landslides, and it required much labor and expense to remove the same. Tennessee River bridge, nearly 1500 feet in length, was entirely destroyed by the Federal forces, directly after the fall of Fort Henry; also two spans of Cum- berland River Bridge — all of which had to be rebuilt — one span of which fell through with a train, and another of which was declared unsafe. There were three other small bridges, one over Crooked Creek and the other two over Wells' Creek, which had to be rebuilt. A new passenger depot was built at Clarksville; and it was found necessary to purchase real estate, upon which said building is located. There was no rolling stock upon the road at the time Mr. Lewis took chaige. Directly after he took charge, he purchased twelve locomo- tives and a number of freight cars from the Government (I forget the exact number). This rolling stock was not the very best, as it had been culled over before Mr. Lewis made his purchase. [Tennessee Senate Appendix, 1870-71, pages 767, 708.] Report of Committee on Nashville & Northwestern Railroad. The committee finds that when the United States (rovern- ment undertook to complete said road from Na>hville to Johnsonville, for military purposes, that the road had been built from Nashville to Section 21), or twenty-nine miles; and from Johnsonville toward Waverly a distance of al)out four miles, making in all that had^beeu comi)leted between Nash- ville and Johnsonville, thirty-three miles, the entire distance being seventy-eight miles; the residue was constructed by the United States, without cost to the company or State, at an immense outlay of money. — 145 — The committee finds, also, from the testimony of M. Burns, that when the road was turned over to him, in September, 1865, there was not a dollar in the treasury of the company, and that eighteen bonds of the State was the only available means the company had, with which to purchase engines, cars, material and supplies, for the purpose of operalmg the road; all the cars, engines, etc., having been carried South during the war; and only three engines (they in bad order) having been returned to said company, it will be readily seen that before the company could operate said road, a purchase of engines, cars and materials was indispensable. The committee finds, from the testimony of M. Burns, that this purchase was at once effected by buying from the United States Government twelve or more locomotives, ninety-nine box cars, twenty-five flats, iron rails, wood, mate- rial, etc., amounting to $147,928.34. (See Exhibit No. 1 to Mr. Burns' deposition.) The committee finds that the cost of constructing said road, per mile, including losses incident to war, from the testimony of M. Burns, William Davis and Fritz Hellner, that at the time said road was turned over to M. Burns, in Sep- tember, 1865, of the ninety-two miles west of the Teonessee Elver, only about fifty had ever been constructed, and that had not been operated for years; the iron had been torn up by the United States and removed from about thirty miles of the route; the embankments had washed, cuts covered in, and crossties rotted, as well as all bridges and trestles of every kind; and that part which was left had grown up in wild growth, so that it was as costly and difficult to rebuild that portion of the road which had been built as that which had never been touched. [Tennessee Senate Appendix, 1870-71, pages 820, 821.] 10 — 146 — Testimony of M. Burns as to Nashville & North- western Railroad. The principal rolling stock and materials of the road, and taken by the receiver, were purchased from the United States. The small amount owned by the company before the war was nearly destroyed by its operations. I think there was one locomotive and one or two cars, when the Federal troops took possession of this place. The engine was put in good order by the United States and turned over to the com- pany with any other property we could claim when the road was turned over to us. West of the river we had three engines, I think, in bad order. Not having the company's books before me, I think these were all the company had. Were it not for the aid the United States gave the company in rolling stock and material, and building the road from Section 29 to below Waverly, or about forty-three miles, I doubt if the road would be finished as yet. It cost the United States, as per Quartermaster General's Report, to build the road from Section 29 to near Johnson- ville, between three and five millions of dollars, all of which is a clear gain to the State, as no charge was made for this work by the Government, only taking bond for rolling stock and materials sold, letting the use of the road, as I suppose, go for such construction. There were some fifty-five miles of the road finished before the war, from Hickman toward Huntingdon, and in running order. The United States took up the iron from Hickman to some distance above Union City — say some six- teen miles, and carried it away. The remainder of the road, on account of disuse and the ravages of the army in tearing down trestles and bridges, and the filling up of cuts, and growth of wood, and other destructions, made that portion of the road cost nearly as much as if nothing was done on it. — 147 — Iron chairs and spikes liad to be purchased for the renewal of the road. [Tennessee Senate Appendix, 1870-71, pages 836, 837.'] Report of Committee on Winchester & Alabama Railroad. 4. That the debt of said road against the United States Government is a valid and just claim; and as it appears from the testimony that said claim has been transferred to the / State for its benefit and reimbursement for her large advances made to said road, some action should be taken by the proper authorities to secure its payment. [Tennessee Senate Appendix, 1870-71, pages 935, 936.] Deposition of W. H. Moores. Question 16 — What does the Government of the United States owe said road f Answer— khont $700,000. Q. 17. — What disposition has been made of said indebted- ness? A. — It has been transferred upon the books of the said railroad company to the State of Tennessee, for the purpose, when collected, of paying the bonds of the State loaned to said railroad company. \Ihid., pages 953, 954.] Deposition of J. W. Brown. Question — Please inform the committee how the correct- ness and amount of the claim against the Government of the United States can be ascertained, and what proof has been taken in the case, where filed, and what steps have been taken in its collection? Answer — I made out the claim against the United States Government of the amount as near as my memory retains it. — 148 — The actual position of the claim can be ascertained either through George B. Way, Claim Agent, at Washington, or from the Court of Claims, where, I understand, the said cliiim is being adjudicated. All the evidence deemed necessary by the attorneys prosecuting the claim has been furnished, and, I believe, active steps are being taken for its collection. [Tennessee Senate Appendix, 1870-71, page 983.] Extract from Decree in the Chancery Court at Nashville, Tenn., in the Case of the State of Tennessee v. the E. & K. Railroad Company and the Memphis, Clarksville & Louisville Railroad Company, et als, entered of the 6th of July, 1871. (This was a decree foreclosing lien held by the State for the bonded debt due the State from the road). "And that said company is justly indebted to the State on the first day of January, 1871, in the sum of $2,454,125.93, and in the further sum of $499,070 for rolling stock purchased from the Government of the United States." "It is further understood and agreed that if the company or stockholders buy, the State will indemnify and save harm- less such purchasers from liability for the debt, to the United States as aforesaid, less the amount due from the United States up to this date for carrying the mails or other freights which the State is lo have the benefit of." [Minute Booh T, page 403.] Decree of Sale of the Memphis, Clarksville & Louisville Railroad. "It is further understood and agreed that the State will indemnify and save harmless the purchaser Irom lialuliry for the debt to the United States as aforesaid, less the amount due from the United States up to the time of sale ibr carry- ing the mails or other freights of which the State is to have the benefit of. The purchaser shall have a credit on the two — 149— last installments of the purchase money for all sums that may be retained by the United States from said purchaser on amount of said debt, such credits to be allowed in bonds of the State at the then value of such bonds, if not otherwise paid by the State, and unless the State shall have settled said debt to the satisfaction of the United States by the time said two last installments mature, the purchaser may pay the balance due to the United States on said debt, and have a credit on said installments for the amount thereof, together with the difference between the value of said sum it paid lU cash to the United States and the then value of State bonds." [Ibid., September 20, 1871, Minute Booh T, page 496.] Xistract from a Decree in the Chancery Court at Nash- ville, Tenn., in the Case of State of Tennessee vs. the E. & K. R. R. Co., and the Winchester & Ala- bama R. R. Co., entered on April 4, 1871. "It is further agreed by consent of said Railroad Com- pany (the Winchester & Alabama) and its stockholders that nothing in this decree shall affect the claim which the State of Tennessee has against the United States for iron and other property of said road taken by the said United States and appropriated to its use and benefit, and upon which the State had a subsisting lien for its said debt at time of its conversion by said United States, and which claim and debt against said Government of the United States has, heretofore by action of said Railroad Company, been expressly assigned and con- veyed, and is hereby confirmed to the State of Tennessee." [Minute Book T, page 6.] Extract from a Decree in the Chancery Court at Nash- ville, Tenn., in the Case of the State of Tennessee vs. the E. & K. R. R. Co., entered on April 23, 1871. (This is a decree of foreclosure by sale against the E. & K. R. R. for the bonded debt due the State of Tennessee.) — 150 — "The understanding is, that if the company or stock- holders buy, the State assumes the debt to the United States, less the amount due from the United States for carrying the mails or other freights, which the State is to have the benefit of." [Minute Book T, page 153.] Act of March 27, 1872, Relating to the McMinnville & Manchester Railroad. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That in the event the United States shall recover any amount in the suit for the sum of $67,000.00, which the said United States has brought in the Federal Court, at Nashville, against the McMinnville & Manchester R. R. Co., for the value of iron, rails, material and rolling stock alleged to have been furnished said Company, and to secure which a lien was retained with the right reserved to the United States to put a receiver in charge of said railroad, that the Commissioner appointed to sell the delinquent rail- roads in the State of Tennessee be directed and authorized to credit the said Company who purchased said road with the amount of such recovery; provided, that said McMinn- ville & Manchester Railroad Co. shall not have the benefit of this Act, unless it, in good faith and to the satisfaction of said Commissioners, makes all proper and necessary defenses to said suit brought against it by the United States. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 27, 1872. Richardson & Vaughn, John C. Brown, Governor. Speakers. [Acts Tennessee, 1872, Chapter IH.] — 151 — Act oi March 29, 1872, Relating to the Memphis, Clarksville & Louisville Railroad. Section 1. Be it further enacted by the General Assembly of the State of Tennessee, That upon the Louisville & Nash- ville Railroad Company paying to the State's Railroad Com- missioners, the Hons. R. J. McKinney, F. B. Fogg, A. Wright, the Governor, Secretary of State and Comptroller, or to a majority of them, all the balance of the bonds still unpaid upon a purchase by the Louisville & Nashville Railroad Com- pany of the Memphis, Clarksville & Louisville Railroad as made under the decree of the Chancery Court at Nashville, except so many of the bonds as may be necessary to indem- nify the Louisville & Nashville Railroad Company against a certain debt claimed to be due to the United States, and upon the Louisville & Nashville Railroad depositing with the Comptroller, or with the Fourth National Bank of Nashville, as the State's Railroad Commissioners may determine, so many bonds as may then be necessary to pay the balance due the State upon said purchase by the Louisville & Nash- ville Railroad Company, the bonds so deposited being made payable to the Louisville & Nashville Railroad Company, and a receipt to be taken from the depository, giving a full description of the amount, date and number of the bonds, or specifying that the bonds are to be withdrawn only upon the just order of the Commissioners and said Company, the receipt to be filed with the Comptroller; then the bonds so deposited shall be held by the depository until the State can eflect a settlement with the United States of the debt or claim of the United States against the Memphis, Clarksville & Louisville Railroad Company; and upon the deposit of the bonds, the lien which was retained by the decree of the Chancery Court at Nashville, in favor of the State of Ten- nessee upon the Memphis, Clarksville & Louisville Railroad Company, its property, rights and franchises, to secure the payment by the Louisville & Nashville Railroad Company of — 152 — $850,000.00 in bonds, the balance of the amount for which the road was sold, shall be discharged, transferred and released from the Memphis, Clarksville & Louisville Railroad, its property, rights and franchises, and attached upon the bonds in the possession of the depository, where they will be held in strict accordance with the lien of the State, and the right of the State and the Louisville & Nashville Railroad Company, or settled by the decrees of the Chancery Court at Nashville; and the bonds so deposited are to be delivered by the depository to the Comptroller and to become the absolute property of the State of Tennessee when the State shall have settled and indemnified the Louisville & Nashville Railroad Company against the claim of the United States upon the Memphis, Clarksville & Louisville Railroad Company. Passed March 29, 1872. [Acts Tennessee, 1872, Chapter 9.] Act of 1872 to Adjust Claims of State or Federal Governments. Whereas, There are large and unsettled claims between the State of Tennessee and the Uuited States Government; and. Whereas, It is important that said claims should be adjusted; therefore. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Governor of the State of Tennes- see be, and he is hereby, fully authorized and empowered to settle with the Government of the Uuited States, all the unadjusted claims between the Memphis, Clarksville & Louis- ville Railroad and said Government, also all the claims the State of Tennessee and the McMinnville & Manchester Rail- road hold against the Government of the Uuited States, and all claims the Uuited States hold against said McMinnville & Manchester Railroad Company for damages done the McMinn- ville & Manchester Railroad, or damages done said Company — 153 — by the United States, or for iron, engines, rails and other materials furnished said Company, and also all other claims the State of Tennessee holds against the United States Gov- ernment in connection with Tennessee railroad interests. Sec. 2, Be it further enacted, That the Governor is hereby authorized and empowered to settle and adjust any and all other claims that may exist between the United States Gov- ernment and the Government of the State of Tennessee. Sec. 3. Be it further enacted. That this Act take effect from and after its passage, the public welfare requiring it. Passed March 30, 1872. [Acts Tennessee, 1872, Chapter 13, page 35.] Message of Gov. John C. Brown, 1872. The Louisville & Nashville Railroad was the purchaser, under the decree of the Chancery Court at Nashville, of the Memphis, Clarksville & Louisville Railroad. At the date of the sale, one-half of the purchase was discharged in State bonds, pursuant to contract, and the residue of $850,000.00 is not yet due. By agreement, it was not to be paid until the State of Tennessee relieved the road of a debt, claimed by the United States Government, of $340,000.00, with mterest since 1865. But this unpaid balance against the Louisville & Nashville Railroad Company continued to be and is yet a lien upon the road. The debt claimed by the United States is yet unsettled. The Louisville & Nashville Railroad Company are now anxious to pay so much of their debt as may be in excess of the debt due to the United States, and place bonds for the payment of the balance in some depository to be selected by both parties, until the debt due to the United States can be settled, and in the meantime that the State relinquish her lien upon the Memphis, Clarksville & Louis- ville Railroad. [Tennessee House Journal Appendix, 1872, page 12. \ — 154 — Proceedings in United States Senate Relative to Claim as to Winchester & Alabama Railroad. Mr. Pratt, from the Committee on Claims,. submitted the following report: The Committee on Claims, to whom was referred the memorial of the Governor of the State of Tennessee, praying an appropriation to the State for materials belonging to the Winchester & Alabama Railroad used by the Government during the late war, having had the same under considera- tion, submit the following report : The allegation of the memorial is that in the year 1858 the State of Tennessee expended in the construction of the above named railroad the sum of $166,000; in the year 1859 the sum of $247,000; and again in the year 1860 the sum of $20,000. That the road was in the hands of the State at the beginning of the rebellion, and it became necessary for the Government of the United States to take up the iron, chairs, spikes, turn- tables, water tanks, and all other movable material apper- taining to the road and move them to other parts in that State; and at the termination of the rebellion, the State paid the sum of $143,259 as interest accrued during the war on the sums above advanced, and has expended in the recon- struction of said road, and in the purchase of material to supply the place of that taken away, as follows: DurJDg June, 1866 $250,000 00 During July, 1866 122,000 00 During April, 1867 150,000 00 During December, 1867 " 34,000 00 During .lanuarv, 1868 300,000 00 Total $856,000 00 The road is now rebuilt. Accompanying the memorial are several affidavits in its support. Thus, James B. Lamb states that he was appointed as receiver of the road by the Governor of the State in January, 1861, and that the road — 155 — was from that time in the possession and under the con- trol of the State through him as its agent, until his successor was appointed in the year 1865, and during this time the irons, rails, chairs, spikes and other material were taken up and removed by order of the military authorities of the United States. D. E. Davenport swears the army entered the section of Tennessee where this road was located, in the month of July, 1863, and immediately took possession of the road leading from Decherd, on the line of the Nashville & Chattanooga Kailroad to Fayetteville in Lincoln County, Tennessee, a dis- tance of forty miles; that over this entire distance of the road the heavy railroad iron, the chairs, spikes, water tanks, turntables, frogs, switches, and all other material necessary to the running of a railroad were taken up in the winter of 1863 and the spring of 1864, and were used by the General Government in repairing its lines of military railroad; that he was, at that time, in the military service and performed the service of removing these materials, under order from Col. J. B. Anderson, then general manager of the United States military railroads in that department, the work being completed under Gen. D. C. McCallum, who succeeded Col. Anderson. He further swears that the road was in good condition and running order at the time the iron and other materials were so removed. The property was first taken to Decherd and from thence was distributed to the points where it was most needed by the United States on the lines of railway employed in the transportation of soldiers and supplies ; and nothing was left of what constituted the Winchester & Ala- bama Railway except its tract, the crossties even being ren- dered worthless in taking up the track and drawing the spikes. He further swears that the State of Tennessee has, since the close of the war, nearly completed the rebuilding the road between Decherd and Fayetteville, having raised from — 156— the sale of its bonds for this purpose the sum of $846,000, and that the road is now the property of the State. Mr. Davenport's statement is corroborated by that of Jno. V. Gould, who says that most of the material taken from the road between Decherd and Fayetteville was used in relaying the track of the Nashville & Chattanooga Railroad. The Secretary of State of Tennessee certifies that the road came into possession of the State on January 8, 1861, and is still in its possession, and he confirms the statements of the other witnesses as to the amount of the advances originally made and the amounts expended in its reconstruction. Several eye-witnesses swear to the fact of seeing the material of the road being taken up and removed by the military forces, and transported to be used on the roads employed by the Gov- ernment in the transportation of supplies and troops. It appears from the affidavit of Jacob W. Brown that he has examined the books in the office of the Comptroller of the State, and from them had learned that the State had expended upward of $1,300,000 in the first and second build- ing of this railroad, and that the road as now rebuilt is not worth the sum of $600,000, and could not be sold for that sum ; and that the State alone, as a State, would derive the benefit of any appropriation made to reimburse her for the losses incurred in the stripping the road of its property, and that her financial condition urgently requires this measure. Upon application to the War Department, certain additional evidence has been furnished which relates rather to the ques- tion of the party to whom the United States should account, the State of Tennessee or the railroad company. It appears from a certified copy of the proceedings of a stockholders' meeting, held at Fayetteville, on October 2, 1865, that certain directors were elected and an Executive Committee appointed. The Board of Directors met on February 13, 1866. Cer- tain vacancies in the board were supplied, and another Secretary elected, and it was then resolved that the Execu- — 157 — tive Committee proceed at once to take the necessary steps to procure the iron and put the road under contract at the earliest time practicable. On May 8, 18G6, G, W. Jones and J. B. Lamb, as special agents and attorneys for and on behalf of the State and the railroad company, memorialized the President of the United States in relation to the spoliation of the road, repeating substantially what has been already said as to the time the fixtures of the road were taken up and removed, and the purpose for which it was done. They say this was accom- plished by order of Lieutenant General Grant, commanding the armies of the United States. They admit the road was then in the possession of the State by virtue of an Act of the General Assembly, by which the Governor was directed to take possession and control of all railroads to which the State had lent her bonds to aid in the construction, upon the failure of any such company promptly to meet and pay the interest accruing on the same, and that bonds to the State to the amount of $480,000 had been advanced to this company, the iuterest on which the company had failed to meet and pay, as provided by law, upou which account the Governor, as authorized by law, had taken possession of the road. The claim that the iron upon the road was of the heavy 7" rail, nearly new, having been used but three years, and weighed 41G3 tons 563 pounds j that the road was of great value to the State and her citizens, passing through a fertile belt of country, and the object of this memorial was to obtain of the Government of the United States the return of the iron in kind sufficient to relay the track of the road, or its value in money, together with the cost of transportation. Governor Browulow, then the chief magistrate of the State, indorsed this statement of Messrs. Lamb and Jones, styling them "special agents of the Winchester & Alabama Kailroad," adding: ' evidence that the military forces had any other than a tem- porary foothold on the line of this branch road while the work of taking up the rails was going on, and in the absence of such evidence we must conclude it was the enemy's coun- try, and as such, subject to the rules of war. The Committee can not admit that any sound distinction exists between national and artificial persons in enemy's country as to exemption from the necessities of war or right of compensa- tion for property taken or injuries inflicted. It was a com- mon occurrence during the war for both armies to burn railroad bridges and tear up and destroy the rails. It was deemed the most eflective method of arresting hostile move- ments and stopping necessary supplies. If the Government may be called on to make good the losses of the Winchester & Alabama Kailroad, why may not every railroad corporation in the insurrectionary States institute a similar claim ? And — 162 — if corporations are indemnified, what principle should exclude private parties from like indemnitications? The Committee recommend that the memorial be indefi- nitely postponed. [U. S. Senate, 42d Cong., 2d Session, 1872, Report No. 202.] Message of Gov. John C. Brown, 1872. The Government of the United States claims that the State of Tennessee is indebted to her on account of a bond executed for rolling stock for the Memphis, Clarksville & Louisville Eailroad in the sum of $340,000 and interest for about seven years, and in other amounts on account of pur- chases made for other roads while in the hands of receivers. An agent, appointed for the first named road, has filed in the proper Department at Washington an offset to said demands, as well as proof tending to reduce the amount of the claim. The State of Tennessee holds a claim against the United States Government of over $600,000 for damages done to the Winchester & Alabama Eailroad; when the last mentioned road was sold by the Commissioners, his claim became the property of and now belongs to the State. There is no authority, under existing law, for the appoint- ment of an agent to adjust "these claims. The attorney employed by the Memphis, Clarksville & Louisville Eailroad can not make final settlement with the Departments, because not accredited by the State. I deem it important that a speedy settlement of these and other claims with the Govern- ment be made, and I respectfully request legislation author- izing the appointment of agents for this purpose.* [House Journal Appendix, page 13.] * Note.— Resolution authorizing Governor to appoint agents to adjust and settle the claims existing between the United States and Tennessee, amended by inserting the claim of the McMiunville & Manchester Railroad, was passed on first reading. Home Journal, 1872, page 5. — 163 — Extract from Message of Gov. John C. Brown to the 38th General Assembly, January 9, 1873. OUR FEDERAL DEBT. The extra session of the Thirty-seventh General Assembly, by an Act passed the 30th day of March, 1872, authorized and empowered the Executive to settle the mutual demands between the State and the general governments growing out of railroad claims. Ill health prevented me from visiting Washington City during the summer, and I therefore sent an agent, fully empowered to treat with the Quartermaster General. After a full investigation of the state of accounts, he addressed the Quartermaster General a communication,' to which he received the accompanying reply, which is a denial of all credits claimed by the State, upon the ground that existing laws did not permit or authorize the allowing of such credits. This construction of the Acts of Congress placed it beyond my power to procure any settlement with- out further legislation. Congress was on the eve of adjourn- ing, and nothing could then be done. When that body con- vened in December last, I procured the introduction of a bill in the House of Representatives, which passed its second reading and was referred to the appropriate committee, where it is now being considered. A copy of the bill, with the correspondence and accompanying documents are 'here- with transmitted for your information, and for your further action. If the bill is passed, as I hope It may be, there will be no difficulty in adjusting the claims without the payment of any money. No appropriation was made to pay the expense of look- ing after this business, and I ordered the expenses of the agent paid out of the treasury, believing it would meet your approval. [House Journal and Appendix, 1873.] 164 The Appendix to the Governor's Message, Taken from Tennessee House Journal and Appendix, 1873. Forty-Second Congress, Third Session, House of Eepre- sentatiyes — miscellaneous document no. 4 — relief OF THE State of Tennessee, to Accompany H. R. Bill No. 3000 — Papers Relative to Claim for Relief from the State of Tennessee. December 3, 1872 — Referred to the Committee on the Judiciary and ordered to be printed. ExECUTiYE Office, Nashyille November 23 LE, Tenn., ■) , 1872. ) Bear Sir — As you have just been elected a Representative in Congress, by the general vote of the State, I make free to invoke your active and earnest cooperation in securing legis- lation in behalf of the State of Tennessee. You will perceive from an examination of the inclosures that the United States Government holds three bonds, executed by Governor Brownlow, on June 1, 186G, for $337,993.73, $94,142.85, and $21,661.73, respectively, and all beariug interest at the rate of 7.3 per cent per annum. The stated account from the Quartermaster General's oflQce shows the credits that have been given for postal service, and the credits on that account, still to be applied, are not in dispute. The proof is abundant that the property, for the price of which these bonds were executed, was purchased and placed upon the Memphis, Clarksville & Louisville Railroad, and the Edgefield & Kentucky Railroad, by the receivers of said roads and for the owners of said roads. The State was not a — 165 — party to the purchase and sale. The companies failed to execute bonds, and the General Assembly passed an Act authorizing the Governor to execute bonds to prevent the seizure and removal of the rolling stock by the agents of the United States Government. And the Governor did exe- cute the bonds above alluded to. The property was at Nash- ville when it was sold. The contract was made at Nashville, and the bond was executed at Nashville. You will see, from examination of a letter of the Quarter- master General addressed to an agent sent by me to Wash- ington City last summer (a copy of which is herewith inclosed), that instructions have been given to institute suits on the bonds. The General Assemby of Tennessee, last winter, passed an Act authorizing the Governor to settle all claims with the United States Government, and I am very anxious to do so. But you will see, from the Quartermaster General's letter, that he does not feel authorized to allow any credits except for postal service. I think the State is entitled to abatements and credits as follows : 1st. In abatement in price of railroad material and roll- ing stock, for which the bonds were executed, to the actual value of the property at the date of sale, that value to be ascertained by proof. 2d. For the value of all bridges and other property on the Memphis, Clarksville & Louisville Railroad, and the Edge- field & Kentucky road, by the United States Government. 3d. For the value of the rails, crossties and other rail- way material removed from the Winchester & Alabama Rail- road by the authorities of the United States Government. The justice and equity of the first proposition becomes apparent, when I assure you that the evidence is abundant and reliable that the prices affixed to the property were gen- erally 100 per cent above the market value. The State was not a party to the contract. The Nashville & Chattanooga — 166 — road obtained an abatement of nearly 100 per cent upon a similar purchase made at or near the same time. Other roads have obtained similar abatements. The bonds are not collec- tible because they have, upon their face, an illegal rate of interest. The bonds were made and signed in Tennessee. The property was at Nashville, and the contracts made there. Therefore, I think the law and justice of the case is with us. Under the law, if the State can not be made liable upon the bonds, there is no liability against her. But there is no desire to make this question. We only wish a fair and equitable adjustment. Upon the second proposition, permit me to say that the Memphis, Clarksville & Louisville Kailroad, and the Edgefield & Kentucky road, were in the hands of receivers appointed under the internal improvement laws of Tennessee, at the time they were seized by the military authorities of the United States Government. Bridges were afterward destroyed, as well as other property, by the United States authorities, and rolling stock and other property removed and appro- priated by the Government. And whether, as an original proposition, the companies of the State would or should recover anything from the United States Government, is not the question. The point is, that the State having already lost over $3,000,000 by these roads, is it not right that the credit should be allowed as against such a demand as is now made against her? I think she ought. The claim is on file in the Department, well fortified by proof. As to the third proposition, I must inform you that the Winchester & Alabama Eailroad was in the hands of a receiver, under the internal improvement laws, at the time it was seized by the military authorities of the United States Government in 1803. This road was about thirty miles in length, and had been built only two or three years; the track was laid of the best English rail. The military authorities having but little use for the road, took up and removed the rails, crossties, etc., to another road, and used them during — 167 — the war, and they have never been returned, and no com- pensation allowed from any source. After the war, the Gen- eral Assembly loaned the credit of the State to that road to purchase iron and relay their track, and to purchase rolling stock. The road has since been sold for $300,000, and the State loses nearly $1,000,000 entirely. But before the sale, the directors of the road filed their claim against the Govern- ment and proved it, and then assigned to the State, as a pay- ment in part of their indebtedness to the State. You will find the claim, amounting to over $300,000, in the proper Department. I can see no good reason why this claim can not or should not be allowed. To meet the objection urged by the Quartermaster General, I propose that an appeal be made to Congress for an enabling Act, and inclosed you have a hastily drawn bill, which I beg of you to reform (if you think necessary), and introduce at the opening of the session in December proximo, and press its passage. You would render a great service to the State if you could get the matter adjusted, or rather secure legislation that would result in a speedy adjustment. I will either visit Washington or send an agent, if you think it necessary or desirable. I have written very hastily and without much reflection. I feel sure, however, that all the important facts are fur- nished. Please write me your opinion, as well as the progress of the business. Very respectfully, your obedient servant, Jno. C. Brown, Hon. Horace MaYNARD, Governor. Knoxville, Tennessee. } — 168 — Quartermaster General's Office, Washington, D. C, July 3, 1872. Sir — In reply to your letter of the 28tli ultimo, I have to state that the State of Tennessee is indebted to the United States for rolling stock and railway material, purchased in 1805 for the Memphis, Clarksville & Louisville Eailroad, in the sum of $454,013.37; and for rolling stock and railway material, purchased for the Edgefield & Kentucky Railroad, $170,481.81, making the total due July 1, 1872, $025,095.18. These debts were incurred by the receivers, for the State, of the respective roads: Mr. George T. Lewis being the pur- chaser, receiver, and purchasing for the Memphis, Clarksville & Louisville Eailroad; and Mr. R, B. Cheatham being the receiver, and purchasing for the Edgefield & Kentucky Rail- road. The property was sold the State for those roads, and to other roads in Tennessee and elsewhere, under the pro- visions and upon the conditions of executive orders of August 8 and October 14, 1805. Copies inclosed. Bonds were executed by the Governor of the State, under the express authority of the Legislature thereof for the pay- ment of the debts. Copies inclosed. I inclose, as requested, statements of the accounts with the roads above named to July 1, 1872, showing the debts and credits. The Memphis, Clarksville & Louisville Railroad has pre- sented a claim against the United States for use of road and property taken and destroyed during the war, amounting to $232,100.48. The Edgefield & Kentucky Railroad has pre- sented no claim, but is understood to have one. . The claim of the Memphis, Clarksville & Louisville Rail- road has been disallowed by this office for the reason that the road and property belonging to it were captured from a public enemy, and thereupon became the property of the United States, so as to relieve it from all charges for its use and destruction. See Acts of August 0, 1801, July 17, 1802, and March 12, 1803, and for the further reason that payment — 169 — for use of such property is prohibited by law. See Acts of July 4, 1864, and February 21, 1867, and Acts above named. The above furnishes, I believe, all the information specifi- cally called for in relation to the two roads in your letter, but I desire to add that the debts are now more than four years past due, and yet no provision has been made, so far as this office is informed, for their payment. This Depart- ment is specifically charged by the Secretary of War with the collection of the amount due. The bonds also require. pay- ment to be made to the Quartermaster's Department. I shall, therefore, be pleased if the Governor will provide for the early payment of the debts. Papers have been prepared and submitted to the Attorney General for the purpose of instituting suit against the State to recover the amount. One of the conditions upon which the property was sold, is that the postal earnings shall be applied to the liquidation of the debt. To carry it out the Postofflce Department requires that an agent shall be appointed by proper author- ity to give drafts or orders in favor of the Quartermaster's Department for the amount due and to become due. The requirement in the case of the Memphis, Clarksville & Louis- ville Eailroad has been complied with, and credits properly made, but in the case of the Edgefield & Kentucky Railroad it has not been complied with since 1867; there is, therefore, four and one-half years' postal pay due that road uncredited. I suggest that the Governor designate some person as required by the inclosed circular for that purpose, and that the person so appointed give Major M. I. Ludington, Quarter- master United States Army, an order on the Postmaster General for the amount due (the amount need not be actually stated), that the same may be placed to the credit of the road. There is due the United States from the McMinnville &' Manchester Eailroad Company $70,332.86. Suit is pending against the company to recover the amount. The United States have no claims against the State of — 170 — Tennessee except those mentioned above for purchases of railway material. I shall be pleased to furnish you at any time any further information you may desire. Very respectfully, your obedient servant, Quartermaster General, Brevet Major General U. S. Army. Hon. Andrew B. Martin, Grand Central Hotel, New York City. Railroad Indebtedness, Form E. The Edgefield & Kentucky Eailroad Company, in account with the Uuited States, for railway material purchased under executive orders. DR. November .30, 1865, to purchases . • . • June 30, 1872, interest and expenses. October 18, 1867, by certified accounts. . November 25, 1867, by certified accounts January 28, 1868, by postofRce warrant February 6, 1868, by postoffice warrant October 26, 1867, by certified accounts . December 5, 1867, by treasury award. . . November 18, 1867, by treasury award. June 30, 1872, by balance $114,772 86 57,574 54 $172,347 40 $287 12 21 56 846 22 360 00 16 60 18 35 315 74 1,865 59 170,481 81 Quartermaster General's Office, ) Washington, D. C, July 2, 1872. / I certify that the foregoing statement is correct. M. LUDINGTON, Quartermaster United States Army. — 171 — The Memphis, Clarksville & Louisville Railroad Company, in account with the United States, for railway material pur- chased under executive orders. DR. November 30, 1865, to purchases $336,932 36 June 30, 1872, interest and expenses 164,890 99 $501,823 35 CR. May 10, 1867, by certified accounts $ 380 30 June 30, 1867, by certified accounts 52 74 October 18, 1867, by certified accounts 6 93 October 31, 1867, by cash 2,095 57 November 7, 1867, b}^ certified accounts 22 78 November 30, 1867, by cash 2,027 96 August 4, 1868, by postoffice warrant 11,201 43 February 10, 1869, by postoffice warrant. . . 2,963 26 February 10, 1869, by postoffice warrant. . • 100 00 January 6, 1868, by treasury award 8 20 July 22, 1868, by treasury award 4 10 June lo, 1868, by treasury warrant 3,973 18 May 5, 1869, by postoffice warrant 1,526 55 March 26, 1869, by casli 244 55 November 12, 1869, by postoffice warrant . . 3,073 42 February 2, 1870, by postoffice warrant 1,536 71 May 26, 1870, by postoffice warrant 1,546 87 August 18, 1870, by postoffice warrant 1,546 87 October 31, 1870, by treasury warrant 180 84 August 31, 1871, by treasury award 280 22 May 31, 1872, by postoffice warrant 14,437 50 47,209 98 June 20, 1872, by balance $454,613,37 L872. i Quartermaster General's Office, Washington, D. C, July 2, 1872. I certify that the foregoing statement is correct. M. Ludington, Quartermaster United States Army. 172- AN ACT TO INCORPORATE THE TENNESSEE & PACIFIC RAILROAD COMPANY. Section 57. Be it further enacted, That the Governor be, and he is hereby, authorized to execute a bond (for the pur- chase of railroad machinery, cars and all other material pur- chased for the use and benefit of the Memphis, Clarksville & Louisville Railroad and the Edgefield & Kentucky Railroad, from the United States Military Railroad Department, at Nashville) to the United States. Section 62. Be it further enacted, That this Act shall take effect from and after its passage. Passed May 2 1, 186G. William Heiskell, Speaker of the House of Representatives. Speaker of the Senate. I, Andrew J. Fletcher, Secretary of State of the State of Tennessee, do certify that the foregoing is a copy of so much of an Act of the General Assembly of Tenuessee, passed May 24, J8C6, as relates to the execution of a bond by the Governor to the United States for railroad material, the original of which is now on file in the Clerk of the Senate's office, not signed by the Speaker of the Senate, but is now the law. In testimony whereof, I have hereunto subscribed my official signature, and by order of the Governor affixed the great seal of the State of Tennessee, at the Department, in the city of Nashville, this 5th day of June, A. D., 1806, A. J. Fletcher, [ seal. J Secretary of State. True copy. M. Ludixgton, Brevet Lieut. Col. and Quartermaster United States Army. — 173— BOND. Know all Men by these Presents : That the State of Tennessee, by the Act of the Legislature of the State hereto attached, and made part hereof by- William G. Browulow, Governor of the State, for and in be- half of the said State of Tennessee, does hereby acknowledge itself held and lirmly bound unto the United States of America, in the full and just sum of $94,142.85, with interest thereon, at the rate of 7.3 per cent per annum, from Novem- ber 30, 18G5, lawful money of the United States, for which payment, well and truly to be made to the Disbursing Quartermaster of the Uuited States Military Railroads, at his office in Nashville, or to such other Disbursing Quartermaster as may be designated by the War Department, within two years from the 30th day of November, A. D. 1865, the said State of Tennessee, by its Governor, hereby binds itself and its successors firmly by these presents. Sealed with its great seal, attested by the signature of its Governor, and affixed by the express authority of the Legis- lature, this 1st day of June, in the year of our Lord 1860. The nature of the above obligation is such that, whereas, the above bounden State of Tennessee has purchased and received from the War Department of the United States (for the use of the Edgefield & Kentucky Eailroad) rolling stock, iron rails, crossties, chairs, spikes, timber and other material for repaiiing and operating said road, in quantities, at prices and to an amount and value which shall be evidenced by the receipts given for the same by R. B. Cheatham, receiver on the part of the State of Tennessee, to the proper officer of the War Department, upon a credit of two years from the 30th day of November, A. D. 1)^65, payable in equal monthly installments, with interest, at the rate of 7.3 per cent per annum, within the said two years, either in cash to the Dis- bursmg Quartermastt-rof the United States Military Railroads, at his office in Nashville, or to such other Disbursing Quarter- — 174 — master as may be designated by the War Department for this pm^pose, or ia transportation of the troops or military sup- plies of the United States, under the orders of the proper military authorities, at the rates of fare and tolls allowed for such service to northern railroads; and Whereas, The said State of Tennessee desires, and by these presents intends to secure to the United States, the complete and punctual payment, as aforesaid, of the amounts which may be due for the said materials received by it from the United States; and Whereas, No payments have been made, up to the date of these presents, although large sums are due, in accord- ance with the terms of purchase of the materials aforesaid ; Now, therefore, if the said State of Tennessee shall well and truly pay to the United States of America as aforesaid, within thirty days from the date of these presents, all arrears of interest and installments due the United States upon the date hereof, to wit, the sum of twenty-six thousand nine hundred and sixty-two dollars and fifty-four cents, and shall thereafter pay in equal monthly installments, either in cash or in transportation as aforesaid, to the United States, within two years from November 30, A. D. one thousand eight hun- dred and sixty-five, then this obligation shall be void and of no effect. But if the said State of Tennessee shall fail to pay to the United States all or any portion of what may be due to the United States on account of the said materials received from the United States, within two years from November 30, A. D. one thousand eight hundred and sixty-five, either in cash as aforesaid, or in transportation as aforesaid, or shall fail to pay any of the monthly installments aforesaid punctu- ally when due, then this obligation shall remain in full force and effect to the extent that may be necessary to fully repay to the United States for the full amount which may be due on account of the said materials so received as aforesaid, and all loss or damage which may have been incurred by the United States, by reason of the failure of the said State of — 175 — Tennessee to pay for the same what shall be due therefor, when the same shall be due. And, as a further security for such payment and indem- nity to the United States, the United States shall have a lien upon the property sold to said State of Tennessee, and in default of such complete and punctual paymeut of all moneys which may be due on account of the aforesaid pur- chase of materials, be fully authorized to take possession of and sell said property, and also to place in charge and con- trol of the said Edgetield & Kentucky Railroad an agent of the said United States, who shall be fully empowered, and by these presents is fully empowered, in case of such default as aforesaid, to collect all the revenues of the said railroad, and apply the same to the payment to the United States of all the moneys which shall be due at the times of such applica- tion of such revenues to the United States for any such material which shall have been delivered by the United States to the said State of Tennessee for the use of said railroad, or by reason of any loss or injury to the United States, resulting from such default in the payment of the same. And the said State of Tennessee shall have no authority to sell or convey out of its possession, without the consent of the United States, first in writing obtained, any of the property referred to in this agreement, but shall hold and retain the same to the exclusive use of said Edgefield & Kentucky Railroad, in carrying on the business of transportation of persons and property over its line of road, until the whole is fully paid for as aforesaid. In witness whereof, the great seal of said State of Ten- nessee is affixed hereto by authority of its Legislature, and attested by its Governor. William G. Brownlow, [seal.] Governor State of Tennessee. Witness: A. J. Fletcher, Secretary of State . — 176 — Know all Men by these Presents : That the State of Tennessee, by the Act of the Legisla- ture of the State hereto attached and made part hereof by W. G. Brownlow, Governor of the State, for and in behalf of said State of Tennessee, does hereby acknowledge itself in- debted and firmly bound with the United States of America, in the full and just sum of three hundred and thirty-seven thousand nine hundred and ninety-three dollars and seventy- two cents, with interest thereon, at the rate of 7.3 per cent per annum, from November 30th, eighteen hundred and sixty- five, lawful money of the United States, for which payment, well and truly to be made to the Disbursing Quartermaster of the United States Military Railroads, at his office in Nash- ville, or to such other Disbursing Quartermaster as may be designated by the War Department, within two years from the thirtieth day of November, A. D, eighteen hundred and sixty-five, the said State of Tennessee, by its Governor, hereby binds itself and its successors firmly by these presents, sealed with its great seal, attested by the signature of the Governor, and affixed by the express authority of the Legislature, this first day of June, in the year of our Lord one thousand eight hundred and sixty-six. The nature of the above obligation is such that, whereas the above bouudeu State of Tennessee has purchased and received from the War Department of the United States, for the use of the Memphis, Clarksville & Louisville Railroad, rolling stock, iron rails, crossties, chairs, spikes, timbers, and other material for repairing and operating said railroad, in quantity at prices, and to an amount and value which shall be evidenced by the receipts given for the same by George T. Lewis, Receiver on the part of the State of Tennessee, to the proper officer of the War Department, upon a credit of two years from the thirtieth (30) day of November, A. D. eighteen hundred and sixty-five, payable in equal monthly installments with interest, at the rate of 7.3 per cent per annum within the said two years, either in cash to the Dis- — 177 — bursing Officer or Quartermaster of the United States Military Railroads, at his office in Nashville, or to such other Disburs- ing Quartermaster as may be designated by the War Depart- ment for this purpose, or in transportation of the troops or military supplies of the United States, under the orders of the proper military authorities, at the rates of fare and tolls allowed for such service to Northern railroads; and. Whereas, The said State of Tennessee desires, and by these presents intends, to secure to the United States the complete and punctual payment as aforesaid of the amounts which may be due for the said material received by it from the United States; and, Whereas, No payments have been made up to the date of these presents, although large sums are due in accordance with the terms of purchase of the materials aforesaid; Now, therefore, if the State of Tennessee shall well and truly pay to the United States of America as aforesaid, either in cash or in transportation as aforesaid, within thirty (30) days from the date of these presents, all arrears of interest and installments due the United States upon the date hereof^ to wit, the sum of ninety-six thousand eight hundred and one dollars and foity-four cents ($90,801.44), and shall thereafter pay in equal monthly installments, either in cash or in trans- portation, as aforesaid, to the United States, within two years from November thirtieth, A. D. eighteen hundred and sixty- five, then this obligatiou to be void and of no effi3ct. But if the said State of Tennessee shall fail to pay to the United States, all or auy portion of what may be due to the United States on account of the said materials received from the United States within two years from November thirtieth, A. D. eighteen hundred and sixty-five, either in cash as afore- said or in transpurtation as aforesaid, or shall fail to pay any of the monthly installments aforesaid punctually when due, then this obligation shall remain in full force and effect to the extent that may be necessary to fully repay to the United St;ates for the full amount which may be due on account of 12 — 178 — the said materials so received as aforesaid; and all loss or damage which may have been incurred by the United States, by reason of the failure of the State of Tennessee to pay for the same, what shall be due therefor, when the same shall be due, and as a further security for such payment and indem- nity to the United States, the United States shall have a lien upon the property sold to said State of Tennessee, and in default of such complete and punctual payment of all moneys which may be due on account of the aforesaid purchase of materials, be fully authorized to take possession of and sell said property, and also to place in charge and control of the said Memphis, Clarksville & Louisville Railroad an agent of the said United States, who shall be fully empowered, and by these presents is fully empowered, in case of such default as aforesaid, to collect all the revenues of the said railroad, and apply the same to the payment to the United States of all the moneys which shall be due at the times of such appli- cation of such revenues to the United States for any such materials which shall have been delivered by the United States to the said State of Tennessee for the use of said railroad, or by reason of any loss or injury to the United States, resulting from such default in the payment of the same. And the said State of Tennessee shall have no authority to sell or convey out of its possession, without the consent of the United States first in writing obtained, any of the property referred to in this agreement, but shall hold and retain the same to the exclusive use of said Memphis, Clarksville & Louisville Railroad in carrying on the business of transporta- tion of persons and property over its line of road until the whole is fully paid as aforesaid. In witness whereof, the great seal of said State of Ten- nessee is affixed hereto by authority of its Legislature, and attested by its Governor. William G. Brownlow, Governor State of Tennessee. Witness: A. J. Fletcher, Secretary of State. — 179 — Know all Men by these Presents : That the State of Tennessee, by the Act of the Legislature of the State hereto attached and made part hereof, by W, G. Brownlow, Governor of said State, for and in behalf of said State of Tennessee, does hereby acknowledge itself indebted and firmly bound with the United States of America, in the full and just sum of $21,661.73, with interest thereon at the rate of 7.3 per cent per annum, from February 28, 1866, law- ful money of the United States, for which payment, well and truly to be made to the Disbursing Quartermaster of the United States Military Railroads, at his oflace in Nashville, or to such other Disbursing Quartermaster as may be desig- nated by the War Department, within two years from the 28th day of February, A. D. 1866, the said State of Tennessee, by its Governor, hereby binds itself and its successors firmly by these presents. Sealed with its great seal, and attested by the signature of its Governor, affixed by the express authority of the Legislature, this the 1st day of June, 1866. The nature of the above obligation is such, that whereas the above bounden State of Tennessee has purchased and received from the War Department of the United States, for the use of the Edgefield & Kentucky Kailroad, rolling stock, iron rails, crossties, chairs, spikes, timber and other materials for repairing and operating said railroad, in quantities, at prices, and to an amount and valae which shall be evidenced by the receipts given for the same by E. B. Cheatham, receiver on the part of the State of Tennessee, to the proper officer of the War Department, upon a credit of two years, from the 28th day of February, A. D. 1866, payable in equal monthly installments, with interest, at the rate of 7.3 per cent per annum, within the said two years, either in cash to the Dis- bursing officer. Quartermaster of the United States Military Railroads, at his office in Nashville, or to such other Disburs- ing Quartermaster as may be designated by the War Depart- ment for this purpose, or in transportation of the troops or mihtary supplies of the United States, under the orders of — 180 — the proper military authorities, at the rates of fare and tolls allowed for such service to Northern railroads; and, Whereas, The said State of Tennessee desires, and by these presents intends, to secure to the United States, the complete and punctual payment as aforesaid, of the amounts "Which may be due for the said materials, received by it from the United States; and. Whereas, No payments have been made up to the date of these presents, although large sums are due in accordance with the terms of purchase of the materials aforesaid; Now, therefore, if the State of Tennessee shall well and truly pay to the United States of America, as aforesaid, either in cash or in transportation, as aforesaid, within thirty days from the date of these presents, all arrears of interest and installments due the United States upon the date hereof, to wit, the sum of $3,100.31, and shall thereafter pay, in equal monthly installments, either in cash or in transportation, as aforesaid, to the United States, within two years from Febru- ary 28, A. D. 1866, then this obligation shall be void and of no effect. But if the said State of Tennessee shall fail to pay to the United States all or any portion of what may be due to the United States on account of the said materials received from the United States, within two years from February 28, A. D. 1806, either in cash or in transportation, as aforesaid, or shall fail to pay any of the monthly installments aforesaid, punc- tually when due, then this obligation shall remain in full force and effect, to the extent that may be necessary to fully repay to the United States for the full amount which may be due on account of the said materials so received as aforesaid, and all loss or damage which may have been incurred by the United States, by reason of the failure of the State of Ten- nessee to pay for the same what shall be due thereon and therefor when the same shall be due; and as a further security for such payment and indemnity to the United States, the United States shall have a hen upon the property sold to said — 181 — State of Tennessee, and in default of such complete and punctual payment of all moneys, which may be due on account of the aforesaid purchase of materials, be fully authorized to take possession of and sell such property, and also to place in charge and control of the said Edgetield & Kentucky Railroad an agent of the said United States, who shall be fully empowered, and by these presents is fully empowered, in case of such default as aforesaid, to collect all the revenues of the said railroad, and apply the same to the payment to the United States of all the moneys which shall be due at the time of such application of such revenues to the United States, for any such materials which shall have been delivered by the United States to the said State of Tennessee, for the use of said railroad, or by reason of any loss or injury to the United States, resulting from such default in payment of the same; and the said State of Tennessee shall have no authority to sell or convey out of its possession, without the consent of the United States first in writing obtained, any of the property referred to in this agreement, but shall hold and retain the same to the exclusive use of said Edgefield & Kentucky Railroad, in carrying on the business of transporta- tion of persons and property over its fines of road, until the whole is fully paid for as aforesaid. In witness whereof, the great seal of said State of Tennes- see is afiixed hereto by authority of its Legislature, and attested by its Governor. William G. Brownlow, [seal.] Governor State of Tennessee, Witness: A. J. Fletcher, Secretary of State. — 182 — Quartermaster General's Office, ) Washington, D. C, Sept. 28, 1865. i General Orders ) No. 56. ) The following order, by the President of the United States, in relation to the relinquishment of the Government's control over all railroads in the State of Tennessee, and their contin- uations in adjoining States, now occupied by the United States military authorities, and no longer needed for military purposes, is published for the information of all officers and agents of the Quartermaster's Department. M. C. Meigs, Brevet Major General, U. S. A., Quartermaster General. War Department, ) Washington, D. C, August 8, 1865. ) Major General George H. Thomas, Commanding Military Division of Tennessee, Nashville, Tenn. : General — It having been determined by the Government to relinquish control over all railroads in the State of Ten- nessee, and their continuations in adjoining States, that have been in charge of, and are now occupied by, the United States military authorities, and no longer needed for military pur- poses, you are hereby authorized and directed to turn over the same to the respective owners thereof, at as early a date as practicable, causing, in all cases of transfer as aforesaid, the following regulations to be observed and carried out: 1. Each and every company will be required to reorganize and elect a Board of Directors, whose loyalty shall be estab- lished to your satisfaction. 2. You will cause to be made out in triplicate, by such person or persons as you may indicate, a complete inventory of the rolling stock, tools, and other materials and property on each road. — 183 — 3. Separate inventories will be, in the same manner, made of the rolling stock and other property originally belonging to each of said roads, and that furnished by and belonging to the Government. 4. Each company will be required to give bonds satisfac- tory to the Government that they will, in twelve months from the date of transfer as aforesaid, or such other reasonable time as may be agreed upon, pay a fair valuation for the Government property turned over to said companies, the same being first appraised by competent and disinterested parties at a fair valuation, the United States reserving all Government dues for carrying mails, and other services per- formed by each company, until said obligations are paid; and if, at the maturity of said debt, the amount of Government dues, retained as aforesaid, does not liquidate the same, the balance is to be paid by the company in money. 5. Tabular statements will be made of all expenditures by the Government for repairing each road, with a full state- ment of receipts from private freights, passage, and other sources; also a full statement of all transportation performed on Government account, giving the number of persons trans- ported, and amount of freight, and the distance carried in each case, all of said reports or tabular statements to be made in triplicate, one each for the Secretary of War, the Military Headquarters of the Department, and the railroad company. 6. All railroads in Tennessee will be required to pay all arrearages of interest due on the bonds issued by that State, prior to the date of its pretended secession from the Union, to aid in the construction of said roads, before any dividends are declared or paid to the stockholders thereof. 7. Buildings erected for Government purposes on the line of railroads, and not valuable or useful for the business of said companies, should not form a legitimate charge against such companies; nor should they be charged for rebuilding -184 — houses, bridges, or other structures which were destroyed by the Federal army. 8. You are authorized to give any orders to Quartermas- ters withiu your Division, which you may deem necessary to carry into execution this order. By order of the President. Edwin M. Stanton, Secretary of War. Quartermaster General's Office, General Orders ) Washington, D. C, October 23, 1865, } No. 62. I The following order, by the President of the United States, in relation to executive order of August 8, 1865, extending the provisions and benefits of the same to all railroads, within the limits of the Military Division of the Tennessee, desiring to purchase railroad rolling stock and material from the United States, for the purpose of repairing the losses of the war, is published for the iuformation of all officers and agents of the Quartermaster's Department, M. C. Meigs, Brevet Major General U. S. A., Quartermaster General. War Department, Washington, D. C, October 14, 1865 5.1 Major General George H. Thomas, Commanding Military Division of the Tennessee, Headquarters Nashville, Tenn. : General — The provisions and benefits of the executive order of August 8 are hereby .extended to all railroads within the limits of your command desiring to purchase railroad rolling stock and material from the Uuited States, for the purpose of repairing the losses of the war. — 185 — You are also authorized to direct the sale to any such railroads, of rolling stock, now within the limits of your command, and not needed by the United States for actual use, upon the following conditions, if they are preferred to the terms of the order of August 8, and the individual security required by you under that order. You will take care that this property is distributed among the several roads according to their actual needs, and that none is sold to any railroad in excess of the reasonable requirements of its business, or to be used for purposes of speculation, sale or hire to other roads. You will require from all such railroad companies satis- factory bonds, in the form herewith inclosed, binding them to the payment to the United States of the full appraised value of the property sold to them, in equal monthly install- /^ ments, with interest at the rate of seven and three-tenths per cent per annum, within two years, credit being allowed to them, on the first of each month, for any service of mili- tary transportation rendered by them during the preceding month, at the established rates now allowed to Northern rail- roads for such service. Full reports of all sales under this order will be made to the War Department, from time to time, as required by exist- ing orders. The serviceable railroad iron in possession of the Quar- termaster's Department at Chattanooga and Nashville is excepted. It will be sold only for cash at the prices fixed by the War Department. By order of the President. Edwin M. Stanton, Secretary of War. — 186 — BOND. Know all men by these presents: That the Railroad Company, duly incorporated by the Act of the , of the State of by its President, acting for and in behalf of said Railroad Company, do hereby acknowledge itself and its successors held and firmly bound unto the United States of America, in the full and just sum of Dollars, lawful money of the United States, for which pay- ment, well and truly to be made, to the Disbursing Quarter- master of the United States Military Railroads, at his office in Nashville, or to such other Disbursing Quartermaster as may be designated by the War Department, within two years from the date of these presents, the said Railroad Company, by its President, hereby binds itself and its successors, firmly by these presents: Sealed with its corporate seal, attested by the signature of its President, and affixed by the express authority of its Directors, this day of , in the year of our Lord one thousand eight hundred and sixty- (186. .), The nature of the above obligation is such that, whereas, The above bouuden Railroad Company has purchased and received, or shall receive, from the War Department of the United States, rolling stock, iron rails, crossties, chairs, spikes, timber and other materials for repairing and operat- ing its railroad, in quantities, at prices, and to an amount and value which shall be evidenced by the receipts given for the same by the said Railroad Company to the proper officer of the said War Department, upon a credit of two years from the date of these presents, payable in equal monthly install- ments, with interest, at the rate of seven and three-tenths per cent per annum, within the said two years, either in cash to the Disbursing Quartermaster of the United States Mili- tary Railroads, at his office in Nashville, or to such other Disbursing Quartermaster as may be designated for this pur- — 187 — pose by the War Department, or in transportation of the troops or military supplies of the United States, under the orders of the proper military authorities, at the rates of fare and tolls allowed for such service to Northern railroads ; and, Whereas, The said Eailroad Company desires, and by these presents intends, to secure to the United States the complete and punctual payment as aforesaid, of the amounts which may be due for the said materials, received or to be received by it from the United States : Now, therefore, if the said Eailroad Company shall well and truly pay as aforesaid, either in cash, in equal monthly installments, or in transportation as aforesaid, to the United States within two years from the date of these presents, all that shall be due as aforesaid to the United States on account and in payment for all the materials received, as aforesaid, from the United States, then this obligation shall be void and of no effect. But if the said Railroad Company shall fail to pay to the United States all or any portion of what may be due to the United States, on account of the said materials received from the United States, within two years from the date of these presents, either in cash as aforesaid, or in transporta- tion as aforesaid, or shall fail to pay any of the monthly installments aforesaid punctually when due, then this obliga- tion shall remain in full force and effect to the extent that may be necessary to fully repay to the United States for the full amount which may be due on account of the said mate- rials so received as aforesaid, and all loss or damage which may have been incurred by the United States, by reason of the said Eailroad Company's failure to pay for the same what shall be due therefor, when the same shall be due; and, As a further security for such payment and indemnity to the United States, the United States shall have a lien upon the property sold to said Company, and in default of such complete and punctual payment of all moneys which may be due on account of the aforesaid purchase of materials, be — 188 — fully authorized to take possession of and sell said property, and also to place in charge and control of said Company's railroad an agent of the said Uoited States, who shall be fully empowered, and by these presents is fully empowered, in case of such default aforesaid, to collect all the reYenues of the said Company, and apply the same to the payment to the United States of all the moneys which shall be due at the times of such api)lication of such revenues to the United States, for any materials which shall have been^delivered by the United States to the said Railroad Company, or by reason of any loss or injury to the CTuited States resulting from such default in payment of the same. And the said Company shall have no authority to sell or convey out of its posses- sion, without the consent of the United States first, in writ- ing, obtained, any of the property referred to in this agree- ment; but shall hold and retain the same to the exclusive use of said Company in carrying on the business of trans- portation of persons and property over its line of road, until the whole is fully paid for as aforesaid. In ivitness whereof, the corporate seal of said Railroad Company is affixed hereto, by authority of its directors, and attested by its President. Witness: Note — The amount of this bond to be double the valuation of the property, sdld and delivered. Internal revenue stamps should be affixed, to the amount of fifty cents for every thousand dollars. Forty-Second Congress, Third Session, House of Repre- sentatitks — miscellaneous document no. 4 — house Resolution No. 3000. December 3, 1872 — Read twice, referred to the Committee on the Judiciary, and ordered to be printed. — 189 — Mr. Maynard, on leave, introduced the following bill: A BILL FOR THE RELIEF OF THE STATE OF TENNESSEE, Whereas, The Government of the United States holds three bonds, signed by the Governor of the State of Tennes- see, dated the tirst day of June, eighteen hundred and sixty- six, one for three hundred and thirty-seven thousand nine hundred and ninety-three dollars and seventy-three, cents; another for ninety-four thousand one hundred and forty- two dollars and eighty-tive cents; and the other for twenty-one thousand six hundred and sixty-one dollars and seventy-three cents, all bearing interest at the rate of seven and three-tenths per centum per annum, and payable to the United States of America, for property and railway material purchased by the Edgefield & Kentucky and the Memphis, Clarksville & Louis- ville Railroads, and all of them entitled to credits for certain mail service which is not in dispute; and Whereas, The State of Tennessee claims an abatement in the amount of said bonds, and alleges as a reason therefor that the property was purchased by receivers in charge of said roads for the use and benefit of the companies then owning them, and at extravagant prices, and said State, after the property was placed in the possession of the companies, executed the bonds aforesaid to prevent the stopping of said roads by a seizure and removal of the rolling stock from said roads by the officers and agents of the United States Government; and that, inasmuch as said companies are utterly insolvent, and unable to pay any pjirt of said bonds, that the State should only be charged with the actual value of the property at the date of the sale; and said State also claims credit by the value of bridges and other property of said roads destroyed while run by the United States Govern- ment; and Whereas, The State of Tennessee claims other credits by — 190 — railroad iron, spikes, cars, ties and other property taken from the Winchester & Alabama Eailroad in eighteen hundred and sixty-three, used and appropriated by the United States Government; therefore, Be it enacted by the Senate and House of JRepresentatives of the United States in Congress assembled, That the Quarter- master General of the United States be, and he is hereby, authorized and directed and required to settle with the State of Tennessee all demands between said State and the United States Government in any of its departments ; and, in doing so, he will only charge said State with the actual value of the property for which said bonds were given at the date of pur- chase, that value to be ascertained by proof or by the agree- ment of said officers and the agents of said State. Sec. 2. That he will also credit said bonds with all prop- erty of the Memphis, Clarksville & Louisville Eailroad and the Edgefield & Kentucky road, destroyed and not replaced and restored by the United States Government. Sec. 3. That the said Quartermaster General will also allow the State of Tennessee the actual value of all rails, crossties, spikes, chairs and other railway material actually removed by the United States Government from the Win- chester & Alabama Railroad, and not afterward restored and replaced. Sec. 4. That such claims as may thus be established in favor of said State will be applied as a credit on said bonds, without interest, at the date of said bonds. [Tennessee House Journal and Appendix, 1873.] Message of Gov. John C. Brown, 1875. The attention of the Thirty-seventh General Assembly, at its session in March, 1872, was called to the indebtedness of Tennessee to the United States Government, created in 186G, for railway material purchased for the Memphis, Clarksville & Louisville Railroad and the Edgefield & Kentucky Railroad, — 191 — by the respective companies owning said roads and assumed by the State. By Act, approved April 1, 1872, Chapter 13, the Governor was directed to effect a settlement of mutual demands. I reported to the Thirty-eighth General Assembly that it had been ascertained by applying to the heads of proper depart- ments at Washington, that the credits and effects claimed by the State of Tennessee, could not, under existing laws, be allowed, and that friendly congressional legislation was necessary. Accordingly, at my instance, a bill was intro- duced in the House of Representatives, providing for a just and equitable settlement, which was reported to the Thirty- eighth General Assembly, with all the correspondence on the subject, and will be found in the journal of that session. Since that time I have visited Washington twice to promote its passage. The bill, in a modified form, passed the House, and after two readings in the Senate, was referred to the Judiciary Committee, who have made no report. The passage of the bill is of great importance to the State in her present financial condition, and I recommend that provision be made for appointing an agent to promote this desired result and to superintend the settlement of accounts after the legislation is secured. It is proper to add that suit had been ordered on these bonds, but upon application to the proper Department the orders were suspended until the result of congressional action could be known. The bonds bear interest upon their face for 7.3 per cent per annum, although the Act directing their execution is silent upon that question, and at their date there was no conventional interest law in Tennessee. The contracts were made and the bonds executed in the city of Nashville. [Tennessee House Journal, 1875, pages 27, ^5.] — 192 — Message of Gov. James D. Porter, 1879. Under the authority of the Act of May 14, 1866, Gov. W. G. Brownlow executed and delivered three bonds, dated June 1, 18GG, in favor of the United States, one for $337,993.73, another for $94,142.85, and the other for $21,661.73, all due in two years and bearing interest from date at the rate of 7.3 per cent per annum for property and railway material sold to the Edgefield & Kentucky Eailroad and the Memphis, Clarksville & Louisville Railroad. Upon a demand for a pay- ment of these bonds, my immediate predecessor. Gov. John C. Brown, insisted upon an abatement of the price of the material to its actual value, also for a credit for the value of the bridges and other property of these roads destroyed by Federal authority, and for a credit for the value of the rails and crossties removed from the Winchester & Alabama Eailroad by Federal authority. The Thirty-seventh General Assembly authorized Governor Brown to settle these mutual demands, but the adjustments were refused and the credits denied by the auditing office of the Federal Government. An appeal without effect was then made to Congress to authorize the settlement. The Federal authorities have several times during my official terms of office appealed to me for a settlement of our debt without considering the credits claimed by the State, and upon a recent repetition of this demand I placed the record in the hands of Senator Harris, with the request that he would endeavor to secure legislation that would authorize an adjustment of the controversy. [Tennessee Senate Appendix, 1879, page 34.] — 193 — Extract from Message of Gov. A. S. Marks, January 17, 1879. The geographical position of Tennessee made her soil the theater of active military operations from the beginning to the close of the war. The blight of war which fell upon Tennessee is without parallel in modern times. For years her courts were closed, her laws abrogated, her people left without protection, the arts of peace abandoned, and her accumulated wealth, banking capital and currency annihi- lated; licensed murder, arson, robbery and pillage filled the land with terror, want and suffering. The general govern- ment seized and appropriated to its use the crops and stock of the noncombatant citizens without compensation. It occupied and used all property belonging to the State, and all upon which it had a lien for the security of public cred- itors. It made the State capitol a military fortress. It converted the asylum and university buildings into military hospitals and barracks, and wantonly destroying a part of them, it seriously damaged them all. It filled the peniten- tiary with its prisoners. It destroyed the turnpikes and! plank roads in its military use. It stripped the branch rail- roads of their iron and appropriated it to its own use. It operated the main lines of railroads from the beginning of 1862 to the close of 1865 and appropriated all the profits. The first utterance of the Governor and Comptroller in 1865, exhibited clearly that the rights of the taxpayer and the obligations of the general government were appreciated. In discussing the duty of the general government to pay the interest which had accumulated during the war upon the railroad bonds, the Governor said: "As the war is for the benefit of the whole nation, it is not believed that the general government intends that Tennessee shall pay more than her just proportion of the war debt." The Comptroller, — 194— after reciting the fact that the general government in 1862 took possession of and were still using the roads of the State except the L. & N. Railroad, said: ''That the general government will pay the State for the use of the roads a sum adequate to meet the interest on the bonds we can not doubt." The Governor recommended but two measures of relief. The first was to repudiate all bonds held by rebels, and the last to have the general government to pay its debt to the State. [Appendix to Senate Journal, Tennessee, pages 7, 8.] Extracts from the Message of Governor Alvin Haw- kins to the Legislature of Tennessee, April 5, 1881. I have the honor to transmit herewith for your considera- tion and such action as you may deem proper, a communica- tion from the Quartermaster General of the United States Army, touching the claim of the United States against the State. I am advised that, in 1865, receivers appointed by the Governor, on the Edgefield & Kentucky and the Memphis, Clarksville & Louisville Railroads, under the statute authoriz- ing the Governor to appoint receivers on defaulting railroads, purchased from the United States Government, rolling stock, etc., for the benefit of said roads, as follows, to wit: For the Edgefield & Kentucky road, estimated at $114,- 772.86, and for the Memphis, Clarksville & Louisville road, estimated at $336,932.36, for the payment of which, under a special Act of the Legislature, the Governor in 1866 executed the obligations, or bonds of the State, due at two years, bearing interest at the rate of 7.3 per cent per annum, on which payments amounting to $2,137.88 have been made. I am advised further that said property was not worth more than one-half the estimated value thereof at the date of pur- chase. It is therefore believed that the State is justly entitled — 195 — to certain offsets against so much of said demand as may be justly due on account of said purchases. By an Act passed March 30, 1872, by the General Assem- bly of the State, the Executive of the State was empowered to settle the mutual demands 'between the State and general government growing out of railroad claims. It appears no such settlement has been had, for the reason no law has been enacted by Congress authorizing or permitting such credits as are claimed by the State. I therefore earnestly recommend that steps be taken to procure, at an early day as practicable, such legislation by the Congress of the United States as may be necessary to authorize the government to make such settlement with the State as may be in accordance with the principles of justice. Alvin Hawkins, Gcmermyr. War Department, Quartermaster General's Office, ) Washington, D. C, January 27, 1881. S To his Excellency the Governor of Tennessee, Nashville, Tenn. : Sir — In 1865, at the close of the rebellion, the State of Tennessee purchased of the United States rolling stock and railway material for the use and benefit of the Edgefield & Kentucky Eailroad, of the value of $114,772.86, and for the benefit of the Memphis, Clarksville & Louisville Railroad, of the value of $336,932.36, and under special Act of the Legis- lature of said State, gave bonds in double the value of the property purchased for the payment of the debt within two years, with interest at the rate of 7.3 per cent per annum. The payments on these debts, to date, aggregate $2,137.88 and $71,013.44, respectively. No payments are being made on these debts at the pres- ent time, and they are increasing by accumulation of interest. Your attention is invited to this matter, with request that you inform this office if you can not make arrangements to pay the debt at an early day, and if you can not do so, that — 196 — you submit the matter to the Legislature now in session aud request it to provide the necessary funds for their payment. I am, most respectfully, your obedient servant, M. C. Meigs, Quartermaster General, Brevet Major General U. S. Army, [House Journal, 1881, pages 943-44. ^ Decree of the Circuit Court of the United States, Middle District of Tennessee. The United States vs. McMinnville & Manchester Rail- road Company, Nashville, Chattanooga & St. Louis Railroad Company, Memphis & Charleston Railroad Company. Be it remembered, that this cause came to be heard on the first day of November, 1882, before the Honorable D. M. Key, Judge, etc., presiding upon the pleadings, proof and exhibits in the cause, vphen, it appearing that the McMinn- ville & Manchester Railroad Company did, through and by its President, P. H. Marbury, on the fourteenth day of February, 1866, execute its bond to the United States in the penal sum of $40,620.00; and that said McMinnville & Manchester Rail- road Company did, also through and by its said President, P. H. Marbury, of the 6th of June, 1866, execute its bond to the United States in the penal sum of $52,397.00; that both of said bonds were executed to the United States tor material furnished to said Company with which to repair and equip said road, the first named bond being executed for such material, consisting of rolling stock, crossties, chairs, and spikes, timber and other material, amounting in value, by estimate, to the sum of $20,310.00; and the bond men- tioned above in the second place being executed for material for the like purpose, and consisting of iron rails, estimated to be worth $26,198.54; that all of said roUlng stock, iron rails, crossties, chairs, spikes, timber and other materials was — 197 — received as aforesaid by the McMinnville & Manchester Rail- road Company from the United States, under and by virtue of the purchases as aforesaid, and used by said Company in the repair and equipment of its said road, the rolling stock being used for transportation of freight and passengers on its road, and the iron rails being lain down on and attached to the crossties and roadbed; that by the terms and express provisions set forth upon the face of each of said bonds, a lien was expressly retained in favor of the United States upon the property so sold, the same being mentioned in the said bonds, respectively. It further appears that in the year 1871 the State of Ten- nessee filed its bill of complaint in the Chancery Court of Davidson County, Tennessee, against the said McMinnville & Manchester Railroad Company and others, charging that the said Company was insolvent, and that it was indebted to the State of Tennessee in an amount exceeding one and three- quarter miljions for bonds of the State advanced on which money was procured to construct said road, and claiming a lien on the entire road and equipments ; that under this pro- ceeding said road, with all its equipments, was sold, includ- ing the material so furnished, and sold to said Company as aforesaid by the United States, or a portion of it still remain- ing in the possession of said Company ; that through arrange- ments made and entered into between certain commissioners, Hickerson, Bell and Gill, representing and acting for the McMinnville & Manchester Railroad Company, and Wicks and Donegan, representing and acting for the Memphis & Charles- ton Railroad Company, the said Memphis & Charleston Rail- road Company became the purchaser of the said McMinnville & Manchester Railroad Company, including the road and all its equipments, with full knowledge at the time of said pur- chase, on the part of the said Memphis & Charleston Railroad Company, of the lien of the United Stated aforesaid on the material so sold and furnished to the McMinnville & Man- chester Railroad Company; that said purchase so made by — 198 — said Memphis & Charleston Railroad Company was made under the sanction of said Chancery Court, and was adopted as a mode of effecting the sale prayed for in the said bill of the State of Tennessee, and said sale so made to the Mem- phis & Charleston Railroad Company was confirmed by decree of said Chancery Court in said cause; that said Memphis & Charleston Railroad Company, in the manner aforesaid, became the purchaser and went into possession of all or a portion of the said material bought as aforesaid from the United States by the McMiunville & Manchester Railroad Company with actual notice of the said lien of the United States at the time of its said purchase. It further appears that thereafter and since the com- mencement of and during the pending of the present suit, the Nashville, Chattanooga & St. Louis Railroad Company purchased the said McMinnville & Manchester Railroad with all its equipments, including rolling stock, iron rails, etc., from the Memphis & Charleston Railroad Company, and went into and still holds possession of the same. It further appears that a further stipulation in each of the said bonds hereinbefore alluded to is that the respective amounts mentioned therein, respectively, were to be paid within two years from the dates of said bonds, respectively, and that a credit should be allowed from the transportation of the troops and military supplies of the United States under the orders of the proper military authorities, at the rates of fare and tolls allowed for such service to Northern railroads. It further appears that the rate of interest was fixed in said bonds at 7.3 per cent from the respective dates of said bonds. The Court being of the opinion that the lien of the United States is superior to the lien of the State of Tennessee on the rolling stock so sold to the McMinnville & Manchester Rail- road Company, but that as to the iron rails so sold as afore- said, the same having been affixed and fastened to the road- bed, became a fixture of the road, so that the prior mortgage — 199 — of the State of Tennessee attached thereto. It is therefore ordered, adjudged and decreed that the United States recover of the McMinnville & Manchester Railroad Company the sum of $20,130 with interest at the rate of 7.3 per cent per annum from the 14th day of February, 1866, and also the further sum of $26,198.54, with interest at the rate of 7.3 per cent per annum from the 6th day of June, 1866, making in all the sum of $102,657.09, less such amounts as may be shown upon the reference herein ordered to be due and owing from the United States to the McMiunvllle & Manchester Railroad Company for the transportation of mail and troops and mili- tary supplies of the United States transported on said road under the orders aforesaid; and less also such balance as may be found in favor of the United States against the Mem- phis & Charleston Railroad Company upon the reference herein ordered, and when such balauce is collected. It is further ordered that an account be stated by the clerk, and a reference is ordered for that purpose, showing how much of the rolling stock sold by the United States to the McMinnville & Manchester Railroad Company, including engine tenders and cars of every description, went into pos- session of the Memphis & Charleston Railroad Company at its value at the time it went into the possession of the Memphis & Charleston Railroad Company, and charge the Memphis & Charleston Railroad Company with that amount. Also what amount is due from the United States to the said Memphis & Charleston Railroad Company for transporta- tion of mail, United States troops and military supplies of the United States over the McMinnville & Manchester Railroad during the time said Memphis & Charleston Railroad remained in possession of said McMinnville & Manchester Railroad. And it is ordered, adjudged and decreed, that the United States recover of the Memphis & Charleston Rail- road Company said balance, and that when said balance is collected the amount of same be credited upon the recovery herein had in favor of the United States against the McMinn- — 200 — ville & Manchester Kailroad Company. He will also report the balance in favor of the United States against the McMinn- ville & Manchester Railroad Company. j It is further ordered that as it does not satisfactorily appear that the Nashville, Chattanooga & St. Louis Railway Company received into its possession any of the rolling stock originally sold as aforesaid by the United States to the McMinn- ville & Manchester Railroad Company to the United States, as charged in the amended bill. It is ordered that the original and amended bills be dis- missed as to the Nashville, Chattanooga & St. Louis Railway Company. [Circuit Court, U. S., Middle District Tennessee, Minute Book Q, page 393.] The Master reported, and upon his report judgments were entered as follows: Judgment in favor of the United States vs. the McMinn- ville & Manchester Railroad for $98,713.80, and against the Memphis & Charleston Railroad for $5,063.68. [Minute Book Q, page 183. ) Message of Governor William B. Bate to the Tennes- see General Assembly, January 12, 1885. In this connection I desire to state that an Act, passed by the Thirty-seventh General Assembly, authorizing the Governor to make arrangements to guard the interests of the State in a suit then pending in the Federal Court at Nashville, wherein the United States Government had sued the McMinnville & Manchester Railroad Company for $67,000. The State having sold said McMinnville road, its rails, engines, etc., to the Memphis & Charleston Railroad Company, the purchasers required that the State should hold them harm- less as to the result of said suit, and to do so there was sub- — 201 — sequently deposited in the Fourth Natioual Bank one hundred and twenty-seven bonds of the State, for $1000 each, as col- lateral; the said suit was not terminated until within the last few months, resulting in a judgment against said Mc- Minnville & Manchester Railroad Company, including costs, of $10,386. The decree of tne court directed the sale of said bonds for the said judgment and cost. To prevent said sale, with accumulated cost and issuance of execution, upon consul- tation with the Attorney General of the State, Treasurer and Comptroller, it was thought best for the State that the Treasurer should pay the judgment and take up the one hundred and twenty-seven bonds. This was done, and the said bonds are in the hands of the Treasurer, awaiting your action. It is hoped our cause meets with your approval. I suggest the said one hundred and twenty-seven bonds, for $1000 each, be canceled, and filed away as other canceled bonds are. \House Journal, 1885, Tennessee Legislature, pages 94, 95.] Extracts from Message of Governor William B. Bate to the Tennessee General Assembly, January 6, 1887. Under the Act of March 29, 1872, there were deposited in the Fourth National Bank, of Nashville, by the Louisville & Nashville Railroad Company, $100,000 in State bonds, the interest upon which now amounts to about $400,000, making a total of about $800,000. An examination of the Act referred to will show the nature of the deposit and of the State's interest in the bonds. These bonds have remained in the vaults of the bank for many years. The property belongs to the State, and may be classed as so many bonds which will not be presented for funding, and certainly something in regard thereto looking to the cancellation of these bonds should be done. [House Journal, 1887, page 144.] —202 — I have received a letter from the Hon. James D. Porter, Acting Secretary of State of the United States, of which the following is a copy : Department of State, ) Washington, Oct. 9, 1886. i To the Hon. William B. Bate, Governor of Tennessee: Sir — I have the honor to call your attention to the in- closed copy of a letter today received from the Treasurer of the United States in regard to the withholding of any money due certain States, as provided in Section 3481 of the Revised Statutes, said States being in default in the payment of money due the United States by reason of stocks or bonds issued by said States, and held in trust by the United States, which is sent you for your information. I have the honor to be, sir, your obedient servant, (Signed) James D. Porter, Acting Secretary. The inclosure is as follows: Treasurer of the United States, ) Washington, D. C, October 8, 1886. S To the Honorable Secretary of State: Sir — Referring to Section 3481, Revised Statutes of the United States, providing for the retention of money due from the United States to any State that may be in default in the payment of principal and interest on stocks or bonds issued by said State, and held in trust by the United States, I have the honor to call your attention to the following States whose bonds are held in this office in trust, on which principal and interest are due and unpaid, and to request that moneys due any of said States be withheld, and this pflBce advised of such action: Arkansas, Florida, Louisiana, North Carolina, South Carolina, Tennessee, Virginia. Very respectfully, C. N. Jordan, Treasurer United States. —203— In a letter addressed by me to the Assistant Secretary of the United States, asking iuformation as to what stocks or bonds issued by the State of Tennessee, as to the payment of which, or interest on the same, the State is in default, I have received a schedule, prepared in the office of the Treasurer of the United States, herewith transmitted, and which shows the following statements : Bonds of Tennessee held by the United States for the Indian Trust Fund $314,666 66f Bonds of Tennessee owned by the United States 21,000 00 Amount due the State from the United States, and withheld $10,699 49 [Tennessee House Journal, 1887, pages 151-53.] — 204- Report of Committee on War Claims. Fifty-Third Congress, Second Session, House of Repre- sentatives — Report No, 715 — Adjustment of Certain Claims Against the State of Tennessee, Etc. April 17, 1894 — Committed to the Committee of the Whole House on the State of the Union and ordered to be printed. Mr. Enloe, from the Committee on War Claims, submitted the following report, to accompany Senate Resolution 61 : The Committee on War Claims, to whom was referred the Senate resolution (S. R. 61) providing for the adjustment of certain claims of the United States against the State of Ten- nessee and certain claims of the State of Tennessee against the United States, submit the following report: This resolution was presented in the Senate February 12, 1894, and was favorably reported upon by the Committee on Military Affairs, to whom it was referred. After a careful investigation of the facts involved, your committee adopt the report of the Senate, a copy thereof being hereto attached and made a part of this report, and recommend that the resolution do pass. Senate Report No. 245, Fifty-Third Congress, Second Session. Mr. Cockrill, from the Committee on Military Affairs, sub- mitted the following report, to accompany Senate Resolu- tion 61: The Committee on Military Affairs, to which was referred the resolution (S. R. 61) providing for the adjustment of — 205 — certain claims of the United States against the State of Ten- nessee and certain claims of the State of Tennessee against the United States, have duly considered the same and submit the following report: This joint resolution was submitted to the Attorney Gen- eral for his consideration, and was approved by him, as shown by the following letter : Department of Justice, ") Washington, D. C, Feb. 10, 1894. 1 Hon. Isham G. Harris, United States Senate: My Dear Sir — I have examined the proposed joint reso- lution, a copy of which is annexed to this letter, and trust the same will meet the approval of Congress. Its terms seem to me to adequately protect the interests of the United States, and its passage will facilitate the settlement of a controversy that ought to be settled without delay. Very truly yours, KiCHARD Olney, Attorney General. The resolution was also submitted to the Secretary of War for his consideration and report, and was returned by him with the following indorsement : [First indorsement.] War Department, ) Washington, D. C, Feb. 20, 1895. j Kespectfully returned to the Chairman of the Committee on Military Affairs, United States Senate, inviting attention to the inclosed report of the Quartermaster General, dated the 19th instant, and to the copies of the papers therein referred to. Daniel S. Lamont, Secretary of War. —206 — The letter of the Quartermaster General and the exhibits therein referred to, are as follows: Wae Department, Quartekmaster General's Office, ) Washington, D. C, February 19, 1894. ) The Secretary of War: Sir — I have the honor to return Senate Resolution No. 61, entitled, "Joint resolution providing for the adjustment of certain claims of the United States against the State of Ten- nessee and certain claims of the State of Tennessee against the United States," transmitted February 13, 1894, by the Chairman of the Committee on Military Affairs, United States Senate, to the Secretary of War, with request for any informa- tion relative to the measure in possession of the War Depart- ment, and referred by the Secretary of War to the Quarter- master General for report. These claims on the part of the United States are based upon the purchase of railroad rolling stock and material by certain railroads, authorized by orders of the President of the United States, dated, respectively, August 8 and October 14, 1865, to Maj. Gen. George H. Thomas, commanding mili- tary division of Tennessee, copies herewith. A report in these matters was made by the Quartermaster General to the Secretary of War, November 7, 3893, upon inquiry of Hon. N. N. Cox, House of Eepresentatives, of October 12, 1893, as to status of the claims of the Memphis, Clarksville & Louisville, McMinnville & Manchester, Edgefield & Kentucky and Winchester & Alabama Eailroads, growing out of the purchase of railroad rolling stock and material from the United States by these companies at the close of the war of the rebellion, a copy of which is inclosed. This report shows that the Secretary of War and the Attorney General were empowered jointly to adjudicate and settle the claims of the United States against the first three roads above named, and that they failed to make a settlement. The Quartermaster General recommended suit on the — 207 — accounts of the Memphis, Clarksville & Louisville and the Edgefield & Kentucky Eailroad Companies, under the bond of the State of Tennessee executed to secure these debts, but this ofl&ce has no official information of any action by the Attorney General in these two cases. In the case of the McMinnville & Manchester Railroad Company, suit was brought and judgment obtained in the sum of $98,713.86, but the Solicitor of the Treasury, on Sep- tember 4, 1885, reported that the execution issued upon the judgment was returned by the United States Marshal, noted '^ No property found." While the records of this office do not show the existence of any account between the United States and the Winches- ter & Alabama Railroad, yet upon oral information furnished by Mr. John M. Hickey, for the Hon. N. N. Cox, as a basis for search, since the report of November 7, 1893, this office has found certain correspondence relating to the removal of iron from that road to repair other lines employed for military purposes, copies of which are inclosed. The following information is furnished in the case in the* report of the Quartermaster General to the Secretary of War of April 30, 1872: "The United States removed about 41| miles of iron, iocluding chairs and spikes, from the Winches- ter & Alabama Railroad in January, 1864. No claim has ever been presented by the State of Tennessee for this iron. "The Government, in 1865, sold new railroad iron, at Chattanooga, Tenn., for $80 per ton. The iron taken from the Winchester & Alabama Railroad having been used could not have been worth so much as new iron." It is admitted on the part of the Company that the iron was in use about three years at the time it was taken by the United States. Gen. McCallum, director military railroads, reported to the Quartermaster General, May 28, 1866, that the weight of the iron taken was not known, but the quantity (4163 tons 560 pounds) claimed by the agents of the Company may be nearly correct. —208 — It appears that the State of Tennessee took possession of this road, as the bonds of the State to the amount of $480,000 had been advanced to the Company, the interest upon which said Company had failed to pay as provided by law. The debts of the first three companies named, increased by addition of accrued interest to date, February 15, 1894, are as follows : Memphis, Clarksville & Louisville $968,682 14 McMinnville & Manchester 144,653 28 Edgefield & Kentucky 357,211 46 It also appears that the United States took 41^ miles of rails (about 4103 tons 560 pounds) in January, 1864, which, if valued at the price the Government sold new iron in 1865 ($80 per ton), would amount to $333,062.40. It is understood to be the purpose of the joint resolution to recognize the last-mentioned claim, and to allow the same as an offset against the indebtedness *of the other roads to the United States secured by the bonds of the State of Tennessee. Very respectfully, R, N. Batchelder, Quartermaster General, U. iS. Army. Quartermaster General's Office, ") Washington, D. C, Sept. 28, 1865. j General Orders ) No. 56. i The following order, by the President of the United States, in relation to the relinquishment of the Government's control over all railroads in the State of Tennessee, and their con- tinuations in adjoining States, now occupied by the United States military authorities, and no longer needed for military purposes, is published for the information of all officers and agents of the Quartermaster's Department. M. C. Meigs, Brevet Major General, U. S. A., Quartermaster General. —209 — War Department, \ Washington, D. C, August 8, 1805. ) Maj. Gen. George H. Thomas, Commanding Military Division of Tennessee, Nashville, Tenn. : General — It having been determined by the Government to relinquish control over all railroads in the State of Ten- nessee, and their continuations in adjoining States, that have been in charge of and are now occupied by the United States military authorities, and no longer needed for mihtary pur- poses, you are hereby authorized and directed to turn over the same to the respective owners thereof at as early a date as practicable, causing, in all cases of transfer as aforesaid, the following regulations to be observed and carried out: 1. Each and every company will be required to reorganize and elect a board of directors, whose loyalty shall be estab- lished to your satisfaction. 2. You will cause to be made out in triplicate, by sucfcp person or persons as you may indicate, a complete inventory of the rolling stock, tools and other materials and property on each road. 3. Separate inventories will be, in the same manner, made of the rolling stock and other property originally belonging to each of said roads, and that furnished by and belonging to the Government. 4. Each Company will be required to give bonds satis- factory to the Government that they will, in twelve months from the date of transfer as aforesaid, or such other reason- able time as may be agreed upon, pay a fair valuation for the Government property turned over to said companies, the same being tirst appraised by competent and disinterested parties at a fair valuation, the United States reserving all Government dues for carrying mails and other service per- formed by each company, until said obligations are paid; and if, at the maturity of said debt, the amount of Govern- 14 — 210— ment dues, retained as aforesaid, does not liquidate the same, the balance is to be paid by the company in money. 5. Tabular statements will be made of all expenditures by the Government for repairing each road, with a full state- ment of receipts from private freights, passage and other sources; also a full statement of all transportation per- formed on Government account, giving the number of per- sons transported and amount of freight, and the distance carried in each case — all of said reports or tabular state- ments to be made in triplicate, one each for the Secretary of War, the military headquarters of the Department, and the railroad company. 6. All railroads in Tennessee will be required to pay all arrearages of interest due on the bonds issued by that State prior to the date of its pretended secession from the Union, to aid in the construction of said roads, before any dividends are declared or paid to the stockholders thereof. 7. Buildings erected for Government purposes on the line of railroads, and not valuable or useful for the business of said companies, should not form a legitimate charge against such companies; nor should they be charged for rebuilding houses, bridges or other structures which were destroyed by the Federal army. 8. You are authorized to give any orders to Quartermasters within your division, which you may deem necessary to carry into execution this order. By order of the President. Edwin M. Stanton, Secretary of War. Quartermaster General's Office, Washington, D. C, October 23, 1865 .} General Orders ) No. 62. f The following order, by the President of the United States, in relation to executive order of August 8th, 1865, extending —211 — the provisions and benefits of the same to all railroads within the limits of the Military Division of the Tennessee desiring to purchase railroad rolling stock and material from the United States for the purpose of repairing the losses of the war, is published for the information of all officers and agents of the Quartermaster's Department. M. C. Meigs, Brevet Major General, U. S. Army, Quartermaster General. War Department, » Washington, D. C, October 14, 1865. { Maj. Gen. George H. Thomas, Commanding Military Division of the Tennessee, Headquarters, Nashville, Tenn. : General — The provisions and benefits of the executive order of 8th of August are hereby extended to all railroads v^ithin the limits of your command desiring to purchase rail- road roUing stock and material from the United States for the purpose of repairing the losses of the war. You are also authorized to direct the sale to any such railroads of rolling stock now within the limits of your command, and not needed by the United States for actual use, upon the following con- ditions, if they are preferred to the terms of the order of August 8, and the individual security required by you under that order. You will take care that this property is distributed among the several roads in proportion to their actual needs, and that none is sold to any railroad in excess of the reasonable requirements of its business, or to be used for purposes of speculation, sale or hire to other roads. You will require from all such railroad companies satisfactory bonds, in the form herewith inclosed, binding them to the payment to the United States of the full appraised value of the property sold to them, in equal monthly installments, with interest at the rate of 7.3 per cent per annum, within two years j credit being allowed to them, on the first of each month, for any service of military transportation rendered by them during — 212 — the preceding month, at the established rates now allowed to Northern railroads for such service. Full reports of all sales under this order will be made to the War Department, from time to time, as required by existing orders. The serviceable railroad iron in possession of the Quarter- master's Department at Chattanooga and Nashville is ex- cepted. It will be sold only for cash at the prices fixed by the War Department. By order of the President. Edwin M. 'Stanton, ^^_^^__^ Secretary of War, War Department, Quartermaster General's Office, ) Washington, D. C, November 7, 1893. ^ The Secretary of War: Sir — I have the honor to return herewith inquiry of Hon. N. N. Cox, House of Eepresentatives, of October 12, 1893, as to the status of the claims of the Memphis, Clarksville & Louisville, McMinnville & Manchester, Edgefield & Kentucky and Winchester & Alabama Railroads, growing out of the purchase of railroad material from the United States by these companies at the close of the war of the rebellion. The records of this office show that by Act of February 27, 1875 (18 Stat., part 3, p. 335), the Secretary of War and the Attorney General were empowered jointly to adjudicate and settle the claims of the United States against certain indebted railroads therein named, in which the first three roads mentioned by Mr. Cox were included. These three roads, however, failed to settle under this Act. The Quartermaster General, therefore, on July 10, 1876, transmitted to the Secretary of War a statement of the account of the Memphis, Clarksville & Louisville Railroad Company (copy herewith) showing the amount due the United States July 1, 1876, to be $532,501.03. To show the present indebtedness of this company there has been added the — 213 — amount of accrued interest to October 31, 1893, at 7.3 per cent, the rate fixed by bond securing the debt, and the amount of all payments and credits by services to date has been deducted, showing that the amount of the claim of the United States against the Memphis, Clarksville & Louisville Railroad Company at present is $901,471.80. A similar statement of the debt of the Edgefield & Ken- tucky Railroad Company, prepared by the Quartermaster General June 22, 1876 (copy herewith), showed due at that time $206,083.37. The interest has been added and credits deducted to October 31, 1893, as above described, and the debt of this company now appears to be $354,755.32. The Quartermaster General recommended suit on the accounts of these two companies under the bond of the State of Tennessee executed to secure these debts, but this office has no official information of any action by the Attorney General in these cases. A statement of the case of the McMinnville & Manchester Railroad Company, submitted to the Secretary of War by the Quartermaster General August 25, 1871 (copy herewith), con- tains all the data upon which the account between this com- pany and the United States is based. A statement of the account of this road, of date December 7, 1882, attached thereto, shows that on May 31, 1882, there was due the United States by the company $106,866.31. The debt of this com- pany to October 31, 1893, is increased by addition of accrued interest to $143,658.01. Suit was brought and judgment obtained against the company, but the Solicitor of the Treas- ury reports that the execution issued upon the judgment was returned by the U. S. Marshal noted "No property found." The records of this office fail to show the existence of any account between the United States and the Winchester & Ala- bama Railroad Company. Very respectfully, R. N. Batcheldbr, Quartermaster General, U. S. Army. — 214 — Office Director and General Manager, Military Railroads, United States, Washington, D. C, May 28, 1866 Respectfully returned to the Quartermaster General. I have been informed that orders were given by General Grant, In November, 1863, to J. B. Anderson, then General Manager Military Railroads, Division of the Mississippi, to take up the iron of the Winchester & Alabama Railroad and use it to repair other lines employed for military purposes. On the 26th of November, 1863, an agreement was made with Gould & Davenport to do the work, which was accom- plished during December and January following. Forty-one and one-half miles of track in all were re- moved, but this included the sidings as well as main track. The weight of iron is not known, but the quantity, 4163 tons 560 pounds, claimed by the agents of the company must be nearly correct. It can be determined accurately by weigh- ing rails, or by referring to the original bills of sale or lading, if still in existence. The iron and other materials were taken and used by the military authorities at a time when most valuable to them, and the purchase of an equal quantity at the North was thereby rendered unnecessary, I regard it as just and fair that the iron and materials should be restored to the railroad company, or that compensation should be made for it. D, C. McCallum, Bvt. Brig. Gen., Director and General Manager Military Railroads, U. S. [General Nature — No. 41.] AN ACT To Provide for the Collection of Debts due from Southern Railroad Corporations, and for Other Purposes. Whereas, Certain suits are now pending in the United States Courts within the State of Tennessee against certain —215 — railroad corporations in that State, on account of property sold to said corporations by the Government, which suits are contested by the defendant corporations; and, Whereas, It is for the interest of the Government to speedily adjust and collect the claims of the United States while avoiding litigation and loss by the insolvency of any such railroad ; therefore. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and is hereby, authorized and required, if he shall deem it advisable, by and with the advice of the counsel of record in such suits for the United States, and Attorney General of the United States, to compromise, adjust, and settle the same upon such terms as to amount and time of payment as may be just and equitable, and best calculated ^^ Y to protect the interests of the Government. J^ yi Approved March 3, 1871. ' ^ \^'' [Not of General Nature — No. 30.] AN ACT To Proyide for Settlements with Certain Railway Companies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War and Attorney General are-hereby author- ized and empowered jointly to adjust and settle the claims of the United States against — The Alexandria, Loudon & Hampshire, The Edgefield & Kentucky, The Knoxville & Kentucky, The McMinnville & Manchester, The Mobile & Ohio, The Memphis, Clarksville & Louisville, The Memphis & Little Rock, — 216 — The Nashville & Northwestern, The Southwestern Branch Pacific Railroad of Missouri, The Selma, Rome & Dalton Railroad Companies, And all persons and corporations having any interest in the subject growing out of the sale and transfer by the United States of any rights or property to said railway companies above named, respectively, in the years 1865 and 1866, or both, by making such abatement in the amount of such claims, respectively, as shall be deemed just, in respect of an overvaluation, if any, of the property sold, not exceeding twenty-five per centum of the valuation of the property in each case, as made under the authority of the War Depart- ment on the occasion of such sales; Provided, That such settlements shall be made within one year next after the passage of this Act; and that good and sufficient security be given to the United States by or on behalf of the parties in interest, respectively, who do not pay in cash at the time of settlement, for the payment, with interest, of such sums as shall, on such settlements, be so found due, at such times within ten years as may be agreed upon. Sec. 2. That this Act shall not be construed so as to pro- duce or authorize any delay in the prosecution of said claims, respectively, other than as aforesaid; and each of said claims not so settled and disposed of as aforesaid shall be prose- cuted and enforced according to existing obligations. In such settlements no allowance shall be made in respect of any matter occurring prior to such sales and transfers, nor otherwise, except such payments as may have been made in cash, and such credits for transportation as the general course of the business regulations of the Department authorizes. And in any such settlements the said Secretary and Attorney General shall, as a condition thereof, take a full release from the other parties, respectively, of all claims and demands of every name and nature theretofore existing, if any such there be, against the United States. Approved February 27, 1875. —217 — [Public— No. 63.] AN ACT To Authorize the Secretary of War to Open and Re- adjust THE Settlement Made by the United States Government with the Western & Atlantic Eailroad of Georgia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War is hereby authorized to reopen the settlement made by the United States Government with the Western & Atlantic Railroad of the State of Georgia, and to adjust the same upon the basis and the plan of settlement which was adopted in the settlement made by the Secretary of War with the Nashville & Chattanooga Railroad Company, the East Tennessee & Georgia Railroad Company, and the Nashville & Decatur Railroad Company, under the authority of the Act of Congress approved March 3, 1871. Sec 2. That when said claims have been adjusted in pur- suance of the provisions of this Act, the Secretary of War be, and he is hereby, authorized to issue his warrant on the Treasury of the United States to the Governor of Georgia, or his order for the amount of money it is found ought to be refunded to said railroad on account of said settlement. Approved March 3, 1877. The foregoing letters, orders, reports and laws fully explain the situation and the importance of a proper adjust- ment. Your committee believe that this resolution will provide and secure the proper tribunal for an honest and full settle- ment, protecting fully the interests of the government, and doing no wrong to the State of Tennessee, and therefore report the resolution back to the Senate favorably, and recommend its passage. — 218 — Extract from the Report of E. B. Craig, Treasurer of Tennessee, read December 20, 1894, to the Forty- Ninth General Assembly of Tennessee. The funding of the bonded indebtedness of the State under the Funding Act of 1883 is practically completed. A majority of the bonds yet to be presented for funding are those held by the United States Government, and those held in trust by the Fourth National Bank of Nashville, until a settlement is effected between the State and the United States Government as regards three notes, amounting to $455,808.31, given by Governor Brownlow in June, 1866, for property and railroad material sold to the Edgefield & Ken- tucky and the Memphis, Clarksville & Louisville Railroads. My predecessors have from time to time called the atten- tion of the Legislature to these matters, but nothing definite seems to have been done since 1879. At any rate, the fact that this business is unsettled is a source of menace to the officials in charge of the finances of the State. The amount of our State bonds held by the government is $335,666.66§, consisting as follows : Five per cent bonds, with interest from July ], 1876 $ 40,000 00 Five per cent bonds, with interest from July 1, 1869 125,000 00 Five and one-fourth per cent bonds, with interest from January 1, 1861 66,666 66 Six per cent bonds, with interest from January 1, 1861 . . 104,000 00 The claim of the State against the United States Govern- ment is in the shape of an open unadjusted account, and the items must be settled by agreement or proof. It is getting more and more difficult to furnish the latter, owing to the lapse of time, death of witnesses, etc. Already the matter has been delayed nearly thirty years. The United States Government can well afford to sit still, as its debt is evidenced by our State bonds, and they are steadily accumulating interest. The government may, at any time, call upon the —219 — State to fund them under the Act of 1883, or may sell them in the open market, when the same result will follow. If these bonds are presented to be funded under the Funding Act of 1883, the new bonds necessary for the purpose would amount to $450,487. Not only so, but under said Act the State would be called upon to furnish, in cash, $234,178.15 to pay the accumulated interest on the bonds from July 1, 1883, the date of the new bonds. I earnestly urge that such steps be taken as will result in a speedy settlement between the State and government, and I am strongly persuaded that If such settlement is made, and the State receives all the credits she is entitled to, there will not only be a relief from her indebtedness, but probably a balance in favor of the State. But the matter is more and more difficult with the lapse of years. House Joint Resolution No. 25. Whereas, There are large and unsettled claims between the United States and the State of Tennessee; and Whereas, On April 1, 1872, there was passed by the General Assembly an Act authorizing the Governor to settle said claims; it is therefore Resolved by the Senate and House of Representatives of the General Assembly of Tennessee, 1. That the Governor shall appoint three attorneys at law, with the approval of the Funding Board, as agents of the State, whose duty it shall be to get up the necessary testimony and prosecute said claim, under the direction of the Governor. 2. The Treasurer shall, from time to time, advance to said attorneys the necessary expenses incurred by them in the preparation and prosecution of said claims, but the com- pensation for said services to said attorneys shall be left to the approval of the next General Assembly, 3.. The Funding Board is hereby directed not to fund any of the bonds of this State held by the United States, nor to —220 — pay any of the coupons or interest thereon until a settlement between the United States and the State of their mutual claims has been effected. Adopted May 13, 1895. Approved May 14, 1895. [Acts 0/ Tennessee, 1895, page 498.] —221 — PART II. Extract from Report of Superintendent of Tennessee School for the Blind. The United States Government took possession of the building belonging to the school on the entrance of its army into the city, February 25, 1862, for hospital purposes. See certificates of B. M. Failor, Eben Swift and J. M. Study. The building was so used for some time, and then aban- doned. The contents of building were all removed for the use of Quartermaster's Department. The building was then demolished as a military necessity. See certificates of J. S. C. Morton and Charles H. Erwin. [House Journal Supplement, 1865, page 130.] See, also, a further report, showing refusal of Quarter- master to pay, page 293 et seq. [Appendix to Senate Journal, 1867-68.] Rent of Penitentiary. An effort has been made to collect rent from the govern- ment for the use of the peuitentiarj'^, as per report of Com- missioners, approved August 3, 1805, by Gov. Andrew John- son, of $14,015.26, also unassessed rent from August 3, 1865, to September 30, 1865, respecting which no satisfactory con- clusion has been reached. h. g. scovel, Samuel E. Hare, A. B. Shankland, Irispectors. [House Appendix, 1865-66, page 101.] —222 — Extract from Gov. W. G. Brownlow's Message (1865) as to Tennessee School for the Blind. The Tennessee Blind School, a State institution in this city, has been utterly destroyed by the Federal forces, and the unfortunate pupils, some forty in number, are distributed among their friends and the friends of humanity. It was not a military necessity that called for the destruction of this institution, but it was the work of recklessness, and if this General Assembly will present the subject to the government at Washington in this light, it is believed that proper steps will be taken to restore this noble charity. \Acts 1865, pages 13 and 14.] Destruction of Property of Tennessee Asylum for the Insane. The account following, which was made out and proven before the President of the Board of Trustees, and given to the Military Governor, now President of the United States, for collection, but which was never collected, will give some general idea of the more than ordinary improvements demanded here : The Government of the United States To Tennessee Hospital for the Insane, Dr., For the destruction of the following property belonging to the institution, during the months of November and Decem- ber, 1862, as follows : 1760 yards 8 feet cedar picketing on the pike, at 35 cents per yard .^ $ 616 00 2148 yards 1 foot cedar picketing on the farm, at 35 cents per yard 751 80 5222 yards 5 feet cedar picketing on the farm, at 35 cents per yard 1,827 70 —223 — 135 panels of cedar rail fence, 10 rails high, at 80 cents per panel. : $ 108 00 Injury to stone wall and destruction of flood-gate 50 00 Dry seasoned wood, taken by General Sells' division, 50 cords, at $4 per cord 200 00 Cutting 55 cords of wood on farm, at $2 per cord 110 00 Brick kiln, containing from 125,000 to 133,000 brick 60 tons of clover hay, at $6 per ton 360 00 Clothing bought of Lusky 106 00 '^<^tal $3,513 50 [Report of Superintendent, House Appendix, 1867-68, page 159.] Title Bond to Land Purchased from the University of Nashville. Know all men by these presents : The University of Nashville is held and firmly bound unto the State of Tennessee for the use of the Trustees of the Blind Asylum, a certain piece or parcel of land situated in South Nashville, Davidson County, Tennessee, it being a triangular piece of ground as laid oflf in the plot made by J. B. Clement, bounded by the Lebanon Turnpike, Asylum Street, and a twenty-foot alley, with the exception of the small portion adjoining the spring, which is secured for the purpose of making said spring a public one, as will be seen by said plot, for the sum of fifteen hundred dollars, to be paid as follows: Five hundred dollars on the 8th of March, 1853; five hundred dollars on the 8th of March, 1854; five hundred dollars on the 8th of March, 1855. Now, if the purchase money being paid, the said University shall make to the said State of Tennessee a general warrantee deed in fee simple to the said lot, with a clause that the said State is to use the same only for the purpose of permitting an Asylum for the Blind to be erected thereon, to be occupied only for that purpose, and should it cease to be so occupied, the said described lot shall revert back to the University, then this obhgation to be null and void, otherwise to remain in full force and effect. — 224 — Witness the seal of said University hereto affixed, by order of the Board of Trustees, this 8th of March, 1852, and the signature of the Board of Trustees of said University. A. V. S. LiNDSLET, Secretary Board of Trustees. [Senate Appendix, 1869-70, page 466.] Message of Governor James D. Porter, 1879. I have had the claim of the State against the United States for keeping prisoners from the year 1862 to 1871 allowed. The State will realize the sum of $26,256.81 in cash, after paying costs of prosecuting same. [Tennessee Senate Appendix, page 24.] C. S. L.: J. J. V. Sept. 24, 1895. Nashville, Tenn. ■225- INDEX. Bate, W. B., Governor — Deposit of bonds, McMinnville & Manchester R. R 200 Deposit of bonds, Memphis, Clarksville & Louisville R. R. 201 Tennessee coupon bonds held by United States 202 Brown, John C, Governor- Message: Deposit of bonds ^^"^ Claim of Winchester & Alabama R. R 162 Claim against Memphis, Clarksville & Louisville R. R. • • • 162 Claim of United States and offsets 163 Appendix to Message: Proceedings in Congress 1°* Claim of United States and offsets 190 Brownlow, W. G., Governor — / Message: Devastation by United States forces ^^^ Purchase of rolling stock H- Central Southern R. R. — Condition of: Report of Cummins, Commissioner •''-' Report of Hawkins, Commissioner 79 Cincinnati, Cumberland Gap & Charleston R. R.— Total indebtedness to State " Commissioner of Roads — (See Road Commissioner.) Craig, E. B., Comptroller — Report of ^ Cummins, H. F., Road Commissioner — Report of • .\ '^ Dunlap, J. T., Comptroller— Report to General Assembly '^ 15 — 226 — East Tennessee & Georgia R. R. — Condition of: Report of Cuninjins, Commissioner 21 Report of Hawkins, Commissioner 101 East Tennessee & Virginia R. R. — Condition of: Report of Commissioner 24 East Tennessee & W. North Carolina R. R.— Total indebtedness to State 3 Edgefield & Kentucky R. R.— Aid granted 1 Total indebtedness to State 3 Receivers of 3 Condition of, report of Commissioner 57 Receiver appointed for 73 Purchase from United States, bond of State to be given 110 Material purchased defective 113 Status during the war 1 1 ] Report of Hatchett, Comptroller 112 Investigating Committee, report of: Testimony of R. B. Cheatham 114 Testimony of W. F. Foster 124 Testimony of J. M. Speer. 126 Testimony of E. S. Cheatham 126 Testimony of E. A. Fort 130 Decree, liability of Tennessee for purchases 149 Appendix to John C. Brown's Message 164, 170 Message of John C. Brown, claim of United States 162, 190 Message of James D. Porter 192 Committee on War Claims, report of 204 Hawkins, Alvin, Governor — Claim of United States and offsets • 194 Hawkins, A. W., Road Commissioner — Report of 74 Internal Improvements — Act to establish ". 1 (See Railroads.) Knoxville & Charleston R. R. — Total indebtedness to State 3 — 227— » Knoxville & Kentucky R. R. — Total indebtedness to State 8 Louisville & Nashville R. R. — Condition of: Report of Cummins, Commissioner 37 Report of Hawkins, Commissioner 83 McMinnville & Manchester R. R. — Total indebtedness to State 3 Condition of, report of Commissioner 34 Devastation of, report of Investigating Committee 131 Act of General Assembly, liability of Tennessee for purchases 150 Decree of U. S. Circuit Court, fixing liability of Tennessee. . 196 Message of W. B. Bate, liability of Tennessee 200 Report of Committee ©n War Claims 204 Marks, A. S., Governor — Message, claim of Tennessee 193 Mempliis & Charleston R. R. — Condition of: Report of Cummins, Commissioner 4 Report of Hawkins, Commissioner 97 Memphis & Ohio R. R.— Condition of: Report of Cummins, Commissioner 45 Report of Hawkins, Commissioner 88 Memphis, Clarksville & Louisville R. R. — Total indebtedness to State 3 Condition of, report of Commissioner 49 Purchase from United States, bond of State 110 Devastation of, report of Investigating Committee 135 Decree, liability of Tennessee for rolling stock purchased. . . . 148 Statute, deposit of bonds to cover liability 151 Message of John C. Brown on deposit of bonds 153 Messages of John C. Brown, claims of United States .... Ib2, 191 Appendix to John C. Brown's Message, proceedings in Congress 164, 171 Message of James D. Porter 192 Message of W. B. Bate 201 Report of Committee on War Claims : . . . . 204 Mississippi ct Tennessee R. R. — Condition of, report of Commissioner 10 « —228 — Mississippi Central Tennessee R. R. — Condition of, report of Commissioner 12 Mobile & Ohio R. R.— Condition of, report of Commissioner o2 Nashville & Chattanooga R. R. — Condition of: Report of Cummins, Commissioner .17 Report of Hawkins, Commissioner 106 Nashville & Northwestern R. R. — Total indebtedness to State 3 Condition of: Report of Cummins, Commissioner <)H Report of Hawkins, Commissioner 92 Devastation of 144 Penitentiar}' — Rent of 1^- 1 . 224 Porter, James D., Governor — Message, claim of United States and ofi'sets 192 Railroads — State aid to 1,2 Amount of bonds issued to 2 Devastation of: Message of W. G. Brownlow 109 Report of Treasurer Ill Transfer from United States to Tennessee 112 Railroads, delinquent — Receiver of 2 Sale of, bill to be filed for 2 Road Commissioner — Duties of 2 Cummins, report of 3 Hawkins, report of ''74 Rogersville & Jefferson R. R. — Total indebtedness to State 3 Condition of: Report of Cummins, Commissioner 64 Report of Hawkins, Commissioner 92 Southwestern R. R. — Total indebtedness to State 3 — 229 — Tennessee Asylum for Insane — Destruction of property 222 Tennessee & Alabama R. R. — Condition of: Report of Cummins, Commissioner 41 Report of Hawkins, Commissioner 76 Tennessee School for Blind — Destruction of 221, 222, 223 Tennessee, claim of — Report of Comptroller 113 Devastation of Edgefield & Kentucky R. R 114, 131 Devastation of AIcMinnville & Manchester R. R 131 Devastation of Memphis, Clarksville & Louisville R. R 135 Devastation of Nashville & Northwestern R. R 144 Devastation of Winchester & Alabama R. R 147 Offsets to claim of United States 113, 114 Act to adjust 152 Winchester & Alabama R. R. : Report to United States Senate on claim of Tennessee . . . 154 Message of John C. Brown 162 Message of John C. Brown 163 Appendix to Message of John C. Brown, proceedings in Congress 164 (lovernor's Message: James D. Porter 192 A. S. Marks 193 Ahan Hawkins 194 McMinnville & Manchester R. R., liability for purchases 196 Report of Committee on War Claims 204 Report of E. B. Craig, Treasurer 218 Destruction of Tennessee School for the Blind 221 , 222, 223 Rent of Penitentiary 221, 224 Destruction of property of Tennessee Asylum for Insane. . . 222 United States, Claim of — Act of General Assembly, Tennessee, to give bond to 110 Purchase of railroads from 113 Purchase of Edgefield & Kentucky Railroad from 114 Liability of Tennessee 148, 149 Act to adjust liability 152 Bonds given by Tennessee 173 Acts providing for settlement 214, 215, 217 Tennessee coupon bonds 202 Appendix to Message of John C. Brown 164 Report of Committee on War Claims 204 — 230 — Winchester & Alabama R. R. — Aid granted 1 Total indebtedness to State 3 Condition of, report of Commissioner 31 Receiver appointed for 73 Report of Hatchett, Comptroller 112 Devastation of, report of Investigating Committee 147 Decree, liability of Tennessee for purchase 149 Devastation of, report to United States Senate 154 Message of John C. Brown, claim against United States 162 Appendix to John C. Brown's message, devastation of road. 164 Devastation of, report of Committee on War Claims 207 LB D 'II