Library 
 
 OF THE 
 
 University of NortK Carolina 
 
 This book was presented by 
 
 Members of the family of the late 
 
 COL. A. B. ANDREWS 
 
 32S.UU)52L^ 
 
 ^.%.Ul?7o 
 
00034018205 
 
 This book must not be 
 taken from the Library 
 building. 
 
A RECORD 
 
 OF THE 
 
 .^CTS J^.l<riD CHIj^I^TEI^, 
 
 (OEIGINAL AND AMENDED,) 
 
 OF THE 
 
 WESTERN DIVISION 
 
 OF THE 
 
 it^Uxn Moxt^Muxolinu ^uiltoub. 
 
 WITH 
 
 PROCEEDINGS OF MEETINGS, BY-LAWS, ETC. 
 
 IsTCVEIiyCBEI?,, 1869. 
 
 ASHEVILLE, N. C: 
 
 3>DR,I3SrTEID .A.T THE " I'lOlTEEU, " OB'B'ICE. 
 
 1869. 
 
OH-A^I^TEI^ 
 
 OF THE 
 
 
 -K>=i01<N>=- 
 
 AN ACT 
 
 To Incorporate the 'Western North-Carolina Bailroad Company. 
 
 Sec. 1. Be it enacted by the General Assembly of the State of North- 
 Carolina, and it is hereby enacted by the authority of the same, That for 
 the purpose of constructing a raih'oad to effect a communication between 
 the North-CaroHna raih-oad and the valley of the Mississippi, the forma- 
 tion of a corporate company, is hereby authorized under the name and 
 style of the ^\ estern North-Carolina Railroad Company, and when formed 
 in compliance with the conditions hereinafter prescribed, shall have a 
 corporate existence as body politic for the term of ninety-nine years. 
 
 oEC. 2. Be it further enacted, That said company shall have power to 
 construct a railway with one or more tracks from the town of Salisbury, 
 on the North-Carolina railroad, passing by or as near as practicable to 
 Statesville, in the county of Iredell, to some point on the French Broad 
 river beyond the Blue Ridge, and if the legislature shall hereafter deter- 
 mine, to such point as it shall designate at a future session. 
 
 Sec. 3. Be it further enacted. That for the purpose of creating the 
 capital stock of said company, the following persons be and they are 
 hereby appointed general commissioners, viz : E. J. Erwin, Wm. M. 
 Shipp, JohnF. Hoke, Wm. A. Lenoir, John I. Shaver, Samuel F. BeU 
 and John Wilfong, and books for receiving subscriptions for the capital 
 stock aforesaid, shall be opened at the following places and under the 
 directions of the following persons, to-wit : at Salisbury, under the direc- 
 tion of J. W. Ellis, D. A. Davis, J. H. Jenkins, Wm. Murphy, A. 
 Henderson, or any three of them : at Lincolnton, L. E. Thompson, C. C. 
 Henderson, H. W. Guion, Wm. J. Hoke and Hemy Cansler, or any 
 three of them ; at Newton, M. L. McCorkle, Geo. Setzer, Jonas Bost, 
 Dr. Campbell and Geo. Wilkie, or any three of them ; at Statesville, R. 
 F. Simonton, J. F. Alexander, C. A. Carlton, A. M. Jamison, W. ¥. 
 Caldwell, or any three of them ; at Taylorsville, A. C. Mcintosh, W. G. 
 James, R. Watts, Alfred Carson, Devault Little, or any three of them ; 
 at Morganton, J. J. Erwin, R. C. Pearson, C. M. Avery; James M. 
 Smyth, Thos. G. Walton, or any three of them ; at Marion, Saml. Deal, 
 J. C. Whitson, J. S. Brown, A. Higgins, Logan Burgin, or any three 
 of them ; at Rutherfordton, Wm. JMiller, Robert Twitty, Edmund Bryahi, 
 
4 WESTERN NORTH-CAROLINA RAILROAD. 
 
 O. Bartlett, David Miller, or anv three of them ; at Shelby, Wm. T. 
 Miller, Doct. Thomas Williams, Albert Holmesby, Wm. Green, A. W. 
 Benton, or any three of them ; at IMocksville, B. Bailey, A. M. Booe, 
 Thos. M. Young, J, F- Martin, E. Gaither, or any three of them ; at 
 Asheville, N. W. Woodfin, James W. Patton, James M. Smith, W. W. 
 McDowell, Montraville Patton, or any three of them ; at Hendersonville, 
 John Baxter, V. Riply, D. B. Miller, J. H. Allen, M. M. Patton, or any 
 three of them ; at Lenoir, under the direction of C. C. Jones, R. B. 
 Bogle, E. P. Miller, W. W. Lenoir and James Hai-per, or any three of 
 them ; at Boon, under the direction of Jonathan Horton, Jordan Council, 
 George N. Foulke, John Horton and E. F. Clewell, or any three of them. 
 
 Sec. 4. Be it further enacted^ That all persons who are or may be 
 hereafter authorized to open books for subscription of stock by the 
 commissioners herein appointed for that purpose, shall open said books 
 at any time after the ratification of this act, twenty days' previous notice 
 being given in some one or more of the public newspapers in this State, 
 and that said books when opened, shah be kept open for the space of 
 thirty days at least, and as long thereafter as the commissioners first 
 above named shall direct ; and that all subscriptions of stock shall be in 
 shares of one hundred dollars, the subscribers paying at the time of 
 making such subscription, the amount of five per cent, on the same, to 
 the person or persons authorized to receive such subscription, and in case 
 of failure to pay said sum, all such subscriptions shall be void if the 
 commissioners choose to so declare it, or they may direct it to be recover- 
 ed by suit or otherwise, and upon closing the books, all such sums as 
 shall have been thus received of subscribers on the first cash instalment, 
 shall be paid over to the general commissioners herein before mention- 
 tioned, by the persons receiving them, and for failure thereof, such 
 person or persons, shall be personally liable to said general commissioners, 
 before the organization of said company, and to the company itself, after 
 its organization, to be recovered in the superior court of law within this 
 State, in the county wherein such delinquent resides, or if he reside in 
 any other State, then in any court in such State having competent 
 jurisdiction ;_ that the said general commissioners shall have power to call 
 on and require all persons empowered to receive subscriptions of stock at 
 any time, and from time to time as a majority of them may think proper, 
 to make a return of the stock by them respectively received, and to make 
 payment of all sums made by the subscribers; that all persons receiving 
 subscriptions of stock, shall pass a receipt to the subscriber or subscribers, 
 for the payment of the first instalment, as heretofore required to be paid, 
 and upon their settlement with said general commissioners aforesaid, it 
 shall be the duty of said general commissioners in like manner, to pass 
 their receipt for all sums thus received, and such receipts shall be taken 
 and held to be good and sufficient vouchers for the persons holding the 
 same. 
 
 Sec. 5. Be it further enacted. That it shall be the duty of said gen- 
 eral commissioners, to direct and authorize the keeping open of books 
 for the subscription of stock in the manner above described, until the 
 surn of three hundred thousand dollars shall have been subscribed to the 
 capital stock of said company, and the said commissioners or a majority 
 of them shall sign and seal a duplicate declaration to that eifect, with the 
 names of the subscribers appended, and cause one of the said duplicates 
 to be deposited in the office of the secretary of State. 
 
 Sec. 6. Be it fnrfher enacted, That whenever the sum of [$300,000] 
 three hundred thousand dollars shall be subscribed in manner aforesaid, 
 
"WESTERN NORTH-CAROLINA RAILROAD. 5 
 
 the subscribers, their executors, administrators and assigns, shall be, and 
 they are hereby declared to be incorporated into a company by the name 
 and" style of "the Western North-Carolina Railroad Company," and by 
 that name, shall be capable in law and equity, of purchasing, holding, 
 leasing and conveying estates, real, personal and mixed, and,of acquiring 
 the same by gift or devise, so far as shall be necessary for the purposes 
 embraced within the scope, object and intent of this charter, and no 
 further, and shall have perpetual succession, and by their corporate name, 
 may sue and be sued, plead and be impleaded in any court of law and 
 equity in the State of North-Carolina, ahd may have and use a common 
 seal, which they may alter and renew at pleasure, and may have and enjoy 
 all other rights and immunities, which other corporate bodies may, and 
 of right do exercise, and may make all such by-laws, rules and regulations 
 as are necessary for the government of the corporation, or for effecting 
 the object for which it is created, not inconsistent with the constitution 
 and laws of the State of North-Carohna. 
 
 Sec. 7. Be it further enacted, That as soori as the sum of ($300,000) 
 three hundred thousand dollars shall have been subscribed in the manner 
 aforesaid, it shall be the duty of the general commissioners appointed 
 herein to appoint a time for the stockholders to meet at Salisbury, which 
 they shall cause to be previously published for the space of thirty days in 
 one or more newspapers, as they may deem proper, at which time and 
 place the said stockholders, in person or by proxy, shall proceed to elect 
 four directors of the company, and to enact all such by-laws, rules and 
 regulations as may be necessary for the government of the corporation 
 and the transaction of its business; the persons elected directors at this 
 meeting shall serve for the term of one year, and at this meeting the 
 stockholders shall fix on the place or places where the subsequent election 
 of directors shall be made ; but if the day of annual election should pass 
 without any election of directors, the corporation shall not thereby be 
 dissolved, but it shall be lawful on any other day to hold and make such 
 election, in such manner as may be prescribed by the rules and by-laws of 
 the corporation. 
 
 Sec. 8. Be it further enacted, That whenever it shall appear to the 
 board of internal improvements of this State by a certificate signed and 
 sealed by said general commissioners, or a majority^ of them, that the sum 
 of three hundred thousand dollars has been subscribed for and taken, and 
 the five per cent, paid in thereon, the said board of internal improvements 
 shall be and they are hereby authorized and required to direct the treasurer 
 of the State to subscribe on behalf of the State for the stock in said 
 company to the amount of six hundred thousand dollars in the capital 
 stock of said company. _ . _ 
 
 Sec. 9. Be it further enacted, That upon the subscription of six hun- 
 dred thousand dollars as hereinbefore provided, by the treasurer, under 
 direction of the board of internal improvement, the State shall appoint 
 eight directors in said company, who shall be appointed by the governor, 
 by and with the advice and consent of the council of State. 
 
 Sec. 10. Be it furtlier enacted, That as soon as the company shall be 
 organized as aforesaid, the board of directors shall proceed to locate and 
 have constructed, as speedily as possible, on the route they may deem 
 best, a railroad with one or more tracks, to be used with steam power, 
 which may thereafter be extended in the manner hereinafter provided, 
 [from] the town of Salisbury, on the North Carolina railroad, connecting 
 with the same and of the same guage, and proceeding westward to the 
 terminus aforesaid, and as soon as the first division of said road shall have 
 
b WESTERN NORTH-CAROLINA RAILROAD. 
 
 been completed, it shall be equipped for the transportation of passengers 
 and freight, and all necessaiy warehouses, water stations and buildings 
 shall be erected, so that such division shall be put in full operation before 
 the State shall be called upon to subscribe any further sum ; and two- 
 thirds of the nett proceeds of such part so completed shall be paid into 
 the treasury semi-annually, to be apj^lied in discharge of the interest on 
 the bonds issued by the State for said road, and the other third of nett 
 proceeds shall be paid to the individual stockholders in proportion to the 
 stock of each ; and whenever such division shall have been completed 
 and in full operation, and one-third of the estimated cost of the second 
 division shall have been subscribed by solvent persons, and so certified as 
 provided in section eight of this act, the State shall subscribe the remain- 
 ing two-thirds of the estimated cost of such division, and shall pay pro 
 rata with individual stockholders, (such payment by them being in cash 
 or labor) ; and when said second division shall have been completed and 
 in full operation, the nett proceeds shall be applied as hereinbefore 
 p'rescribed : when the said first and second divisions shall have been 
 completed and in full operation, and one-third of the estimated cost for 
 completing the remaining division shall have been subscribed by solvent 
 persons, certified as aforesaid, two-thirds of the estimated cost thereof 
 for completing the said road to its western terminus shall be subscribed 
 by the State ; and when the same shall be put in full operation, the nett 
 proceeds shall be applied as aforsaid, and the State shall pay her share of 
 the subscription pro rata as aforesaid. 
 
 Sec. 11. Be it further enacted, That the manner and time of the pay- 
 ment of the subscription on the part of the State shall be as follows, 
 namely : the one-fourth part as soon as the private stockholders shall pay, 
 either in cash or labor, the one-fourth part of their subscription, and the 
 payment thereof is duly certified to the board of internal improvements 
 by a certificate under the seal of said company, signed by their treasurer 
 and countersigned by their president, and the balance either in part or in 
 whole whenever the payment of a pro rata amount, either in cash or 
 labor, shall be made by the private stockholders, and duly certified to the 
 board of internal improvements in manner and form aforenamed ; Provi- 
 ded, That the State shall not be called upon to pay an amount, at any one 
 time, of less than fifty thousand dollars. 
 
 Sec. 12. Be it further enacted, That the afikirs of the company shall 
 be managed and directed by a general board to consist of twelve directors 
 to be elected and appointed as hereinafter provided, at the first and sub- 
 sequent general annual meetings ; Provided, That no l^erson shall be 
 eligible as president or director of said company, unless he be a resident 
 citizen of this State, and the bona fide owner of at least five shares of 
 stock in said company. 
 
 Sec. 13. Be it further enacted, That the election of directors shall be 
 by ballot, each stockholder having as many votes as he has shares in the 
 stock of said company, and the person having a majority of all the votes 
 polled shall be considered duly elected : Provided, That no person shall 
 be eUgible to serve as director in said board, who is not a holder of five 
 shares of stock in said company. 
 
 Seq. 14. Be it further enacted. That the president of the company 
 shall be elected by the directors from among their own number, in such 
 manner as the regulations of the comi)any shall provide. 
 
 Sec. 15. Be it further enacted, That at the first general meeting of the 
 stockholders, directed to be called under the seventh section of this act, 
 a majority of all the shares subscribed shall be represented before pro- 
 
n 
 
 WESTERN NORTH-CAEOLINA RAILROAD. 
 
 ceeding to business ; and if a suflBcient number do not appear on the day- 
 appointed, those who do attend shall have power to adjourn from time to 
 time, until a regular meeting shall thus be formed ; and at such meeting 
 the stockholders may provide by a by-law, as to the number of stockhold- 
 ers and amount of stock to be held by them, which shall constitute a 
 quorum for the transaction of business at all subsequent regular or occa- 
 sional meetings of stockholders. 
 
 Sec. 16. Be it further enacted, That all elections, and upon all votes 
 taken in any general meeting of the stockholders upon any by-law, or any 
 of the affairs of said company, each share of stock shall be entitled to 
 one vote ;_ and that any stockholder in said company may vote by proxy, 
 and proxies may be verified in such manner as the stockholders by law 
 may prescribe. 
 
 Sec. 17. Be it further enacted, That the general commissioners shall 
 make their return of the shares of stock subscribed for at the first general 
 meeting of stockholders, and pay over to the directors elected at said 
 meeting or their authorized agent, all sums of money received from sub- 
 scribers ; and for failure thereof, shall be liable to said company to be 
 recovered at the suit of said company in any of the superior courts of 
 law in this State, within the county where such delinquent or delinquents 
 may reside, and m like manner from said delinquent or delinquents' 
 executors or administrators in case of his death. 
 
 Sec. 18. Be it further enacted, That the board of directors may fill 
 all vacancies which may occur in it during the period for which they have 
 been elected' and in the absence of the president may appoint one pro 
 terrmore from among their number. 
 
 Sec. 19. Be it further enacted. That all contracts or agreements au- 
 thenticated by the president and secretary of the board of directors shall 
 be binding on the company without a seal, or such a mode of authentica- 
 tion may be used as the company by their by-laws may adopt. 
 
 Sec. 20. Be it further enacted, That the board of directors may call 
 for the payment of the sums subscribed as stock in said company, in such 
 instalments aa the interests of said company may in their opinion require ; 
 the call for payment shall be pubHshed in one or more newspapers pub- 
 lished in this State for at least one month before the day of payment, 
 and on failure of any stockholder to pay each instalment as thus required, 
 the directors may sell at public auction, on a previous notice of ten days, 
 for cash, all stock subscribed for in said company by such stockholder, 
 and convey the same to the purchaser at said sale ; and if the said sale of 
 stock do not produce sufficient to pay off the incidental expenses of said 
 sale and the entire amount due to said company for such subscription of 
 stock, then, and in that case, the wliole balance shall be held as due at 
 once to said company, and may be recovered of such stockholder or his 
 executors, administrators or assigns, at the suit of said company, either 
 by summary motion in any court of superior jurisdiction in the county 
 where the dehnquent resides, on a previous notice of ten days to such 
 delinquent subscriber, or by action of assumpsit in any court of competent 
 jurisdiction, or by a warrant before a justice of the peace, when the sum 
 does not exceed one hundred dollars ; and in case of the assignment of 
 stock before the whole amount has been paid to the company, then for all 
 sums due on such stock, both the original subscribers and the first and all 
 subsequent assignees, shall be liable to the company, and the same may 
 be recovered as above described. 
 
 Sec. 21. Be it further enacted. That the debt of stockholders due to 
 the company for the stock therein, either as original proprietors or as 
 
8 WESTERN NORTH-CAROLINA RAILROAD. 
 
 first or subsequent assignees, shall be considered as of equal dignity witb 
 judgments in the distribution of assets of a deceased stockholder by his 
 personal representatives. 
 
 Sec. 22. Be it further enacted, That said company shall issue certifi- 
 cates of stock to its members, and said stock may be transfen-ed in such 
 manner and form as may be directed by the by-laws of the company. 
 
 Sec. 23. Be it further enacted, That said company may at any time 
 increase its capital to a sum sufficient to complete said road, not to exceed 
 [$6,000,000] six millions of dollars. 
 
 Sec. 24. Be it further enacted, That the board of directors shall once 
 in every year at least, make a full report of the state of the company and 
 its affairs, tp a general meeting of the stockholders, and oftener if required 
 by law, and said re])ort shall be laid before the board of internal improve- 
 ments, and said board of directors shall have power to call a geueral 
 meeting of the stockholders when the board may deem it expedient, and 
 the company may provide by their by-laws for occasional meetings being 
 called, and prescribe the mode thereof 
 
 Sec. 25._ Be it further enacted, That the said company shall have the 
 exclusive right of conveyance, transportation of persons, goods, merchan- 
 dise and produce, over the said railroad, to be by them constructed, at 
 such charges as may be fixed on by the board of directors. 
 
 Sec. 26. Be it further enacted. That said company may, when they see 
 fit form [farm] out their right of transportation over said railroad, subject 
 to the rules above mentioned ; and the said company and every one who 
 may have received from the right of transportation of goods, wares and 
 merchandise,^ over the said railroad, shall be deemed and taken to be a 
 common carrier, as respects all goods, wares, produce and merchandise, 
 entrusted to them for transportation. 
 
 Sec. 27. Be it further enacted, That the said company may purchase, 
 have and hold in fee, or for a term of years, any lands, tenements and 
 hereditaments, which may be necessary for the said road, or the appui-- 
 tenances thereof, or for the erection of depositories, store houses, houses 
 for the officers, servants, or agents of the company, or for work shops, or 
 foundries to be used for the said company, or for procuring stone or other 
 materials, necessary for said company, in the construction or repairs of 
 the road, or for effecting transportation thereon, and for no other purpose. 
 
 Sec. 28. Be it further enacted. That the company shall have the right, 
 when necessary, to construct the said road across, or along any public 
 road, or water course : Provided, the said company shall not obstruct any 
 public road without constructing another equally as good, and other roads 
 may hereafter connect with or cross the same, upon such terms as the 
 General Assembly may prescribe. 
 
 Sec. 29. Be it further enacted. That when any lands for right of way 
 may be required by said company for the purpose of constructing their 
 road, or for any of the uses described in section 27 of this act, and for the 
 want of agreement as to the value thereof, or from any other cause, the 
 same cannot be purchased from the owner or owners, the said company 
 shall have the same powers to condemn all such lands l>elonging to indi- 
 viduals or corporations as may be needed for the aforenamed puiposes, as 
 were granted toand conferred upon the North-CaroHna Railroad Company 
 by their act of incorporation, and shall proceed to condemn such lands in 
 the same manner and to the same extent under the hke rules, restrictions 
 and conditions^ as are prescribed in the charter aforei^id, for the govern- 
 ment of the said company ; and the said company shall be entitled to hold 
 in fee smiple all lands belonging to the State, over and through which the said 
 
WESTEEN NORTH-CAEOLINA RAILROAD. 9 
 
 road may pass to an extent not exceeding one hundred feet on either side 
 of said road ; and in the absence of any contract or contracts in relation 
 to lands through which said road may pass, it shall be presumed that the 
 land over which said road may be constructed, together with one hundred 
 feet on each side thereof, has been granted by the owner or owners to the 
 company, and the said company shall have good right and title thereto, 
 and shall have, hold and enjoy the same so long as it shall be used for the 
 purposes of said road and no longer, unless the owner or owners shall 
 apply for an assessment of the value of said lands as hereintofore direc- 
 ted, within two years next after that part of said road has been located ; 
 and in case the owner or owners of such lands or those claiming under 
 him, her or them, shall not apply within two years from the time aforesaid, 
 he, she or they shall be forever barred from recovering the same or having 
 ao assessment or compensation therefor : Provided, That nothing herein 
 contained shall affect the rights of infants, feme coverts, persons non com- 
 pos, or beyond seas, until two years after the removal of their respective 
 disabilities, and the same and all the estate aforesaid, shall be exempt 
 from taxation until the dividends of profits of said company shall exceed 
 six per centum per annum. 
 
 Sec. 30. Be it further enacted, That if any person or persons shall 
 intrude upon said railroad by any manner of use thereof, of the rights 
 and privileges connected therewith without permission or contrary to the 
 will of said company, he, she or they may be indicted for misdemeanor, 
 and upon conviction, may be fined and imprisoned by any court of com- 
 petent jursidiction in this State. 
 
 Sec. 31. Be it further enacted, That if any person shall wilfully and 
 maliciously destroy or in any manner hurt or damage, or obstruct, or shall 
 wilfully and maliciously cause, aid or assist, or counsel any other person 
 or_ persons to destroy, or in any manner to hurt, damage or obstruct the 
 said railroad, or any bridge, watertank, warehouse, or any other property 
 of said company, or any locomotive or car used for or in transportation 
 thereon, such person or ]Dersona. so offending, shall be Hable to be indicted 
 therefor, and on conviction, shall be imprisoned not more than six nor 
 less than one month, and pay a fine not exceeding five hundred dollars 
 nor less than twenty dollars, at the discretion of the court before which 
 said conviction shall take place, and shall be further liable to pay all ex- 
 penses of repairing the same ; and it shall not be competent for any person 
 so offending against the provisions of this clause to defend himself by 
 pleading or giving in evidence, that he was the owner, agent or servant of 
 the owner of the land where such destruction, damage, injury or obstruc- 
 tion was done at the time the same was caused to be done. 
 
 Sec. 32. Be it further enacted. That every obstruction to the safe and 
 free passage of vehicles on said road or its branches, shall be deemed a 
 pubhc nuisance, and may be abated as such, by any oflBcer, agent or 
 sei-yant of said company, and the person causing such obstruction, may 
 be indicted and punished for a misdemeanor. 
 
 ^ Sec. 33. Be it foirther enacted. That the said company shall have the 
 right to take, at the store houses erected by them on said railroad, or 
 connected therewith or its branches, goods, wares, merchandise and pro- 
 duce intended for transportation, prescribe the rules of priority, and charge 
 and receive such just compensation for storage as they, by rules may 
 establish, (which they shall cause to be pubhshed,) or as may be fixed by 
 agreenient with the owner, which may be distinct from the rates of trans- 
 portation. 
 
 Sec. 34. Be it further enacted. That the profits of the company, or so 
 
10 WESTERN NORTH-CAROLINA RAILROAD. 
 
 mucli thereof as the board of directors may deem advisable, shall, when 
 the affairs of the company will admit, be quarterly or semi-annually 
 divided among the stockholders, in proportion to the stock each may own. 
 
 Sec. 35. Be it farther enacted.. That as soon as it may become neces- 
 sary to borrow the money for the payment of the subscription by this 
 act authorized, the public treasurer shall issue coupon bonds, signed by 
 himself, and countersigned by the comptroller, in sums not less than five 
 hundred dollars each, pledging the State for the payment of the sum 
 therein mentioned, with interest thereon at the rate of interest not ex- 
 ceeding six per cent, per annum, payable semi-annually, at such times 
 and places as the treasurer may appoint, the principal of which bonds, 
 shall be redeemable at the end of thirty years from the time the same are 
 issued ; but no greater [numberj of such certificates shall be issued at 
 any one time, than may be sufiicient to meet the instalments required to 
 be paid by the State at that time. 
 
 Sec. 36. Be it further enacted, That the comptroller shall register such 
 bonds at large, in a book to be kept for that purpose, at the time he 
 countersigns the sa_me,_and when he delivers the same to the public treasurer, 
 he shall charge him in his books with the amount thereof, and also with 
 all sums, if any, which the public treasurer may obtain by way of premium 
 on the sale of said bonds, an account of which the public treasurer shall 
 render to the comptroller, so soon as negotiations, from time to time for 
 the sale of said bonds are closed. 
 
 Sec. 2>~. Be it further enacted, That so soon as it shall become neces- 
 sary to issue the bonds aforesaid, the public treasurer shall advertise in 
 one or more newspapers as he may think best, andinvite sealed proposals 
 for such amount of the aforesaid subscription as may be wanted at any 
 one time, and it shall be his duty to accept those terms which may be 
 most advantageous to the State : Provided, That in no event shall any of 
 the said bonds be sold for less than their par value ; and any premium 
 which may be obtained on the sale of said certificates, shall be placed in 
 the public treasmy and used as other public funds, and kept or invested 
 to pay the interest on the debt hereby autliorized. 
 
 pEC. 38. Be it further enacted. That as security for the redemption of 
 said bonds, the public faith of the State of North-Carolina is hereby 
 pledged to the holders thereof; and in addition thereto, all the stock held 
 by the State in ;the Western North-Carolina Railroad Company hereby 
 created,_ shall be and the same is hereby pledged for that purpose, and 
 any dividends of profits which may from time to time be declared, shall 
 be applied to_ the paj^ment of the interest accruing on said bonds: but 
 until such dividends of profits may be declared, it shall be the duty of 
 the treasurer, and he is hereby authorized and directed to pay all such 
 interest as the same may accrue, out of any money in the treasury not 
 otherwise appropriated. 
 
 Sec. 39. Be it further enacted. That the bonds hereby authorized to be 
 issued, shall have coupons attached to them expressing on the face of 
 them the amount of semi-annual interest due on such bond, and the said 
 bonds shall and may be transferable by the holders thereof by delivery- 
 only. 
 
 Sec. 40. Be it further enacted, That it shall be the duty of the public 
 treasurer to enter in a book to be kept for that purpose, a memorandum 
 of such bonds as may be issued by virtue of this act, the number and date 
 of issue, when and where payable, to whom issued or to whom sold, and 
 what premium, if any, the same was sold by him. 
 
 Sec. 41. Be it further enacted, That at all general meetings of the 
 
WESTERN NORTH-CAROLINA RAILROAD. 11 
 
 stockliolders after the subscription hereinbefore provided to be made on 
 the part of the State, shall be made, the State shall be represented by an 
 agent or proxy ajipointed by the governor ; and such agent or proxy shall 
 be entitled in the general meeting aforesaid, to vote on all questions 
 a,ccording to the State's stock, except in the election of directors by the 
 individual stockholders; and any stockholder or person acting by proxy, 
 who may oifer to vote on anj^ stock transferred, may be required if a 
 stockholder present to swear that he is, or if by proxy, that the person 
 he represents he believes to be the bona fide owner of such stock, other- 
 wise such vote shall not be received, and on the death of any stockholder, 
 his legal representative shall be entitled to vote either in person or by 
 
 Erosy : Provided, That the State shall be entitled to a pro rata vote on 
 er stock of one-third, according to the representation of individual stock 
 in the meeting. 
 
 Sec. 42. Be it further enacted, That whenever the said company shall 
 have completed, equipped and in full operation, with one or more tracks, 
 for the transportation of passengers and freight, the first division of said 
 road, and all necessary warehouses, water stations and buildings, and the 
 aforenamed subscription of nine hundred thousand dollars by the stock- 
 holders and the State expended, the board of directors shall at once 
 proceed to cause books to be opened by such persons as they may appoint, 
 and at such places as they may deem l3est, to secui-e the further subscrip- 
 tion of three hundred thousand dollars to the capital stock of said 
 company, which may be made under such rules, requirements and condi- 
 tions as shall be prescribed by the board of directors ; and the persons so 
 appointed shall make their return to the board of directors. 
 
 Sec. 43. Be it further enacted, That whenever it shall appear to the 
 board of internal improvements of this State, by a certificate under the 
 seal of said company, signed by their secretary, and countersigned by 
 their president, that the said further sum of three hundred thousand 
 dollars has been subscribed to the capital stock of said company, the said 
 board of internal improvements shall be and they are hereby authorized 
 and required to direct the treasurer of the State to make the further 
 subscription on behalf of the State for stock in said company, to the 
 amount of six h^mdred thousand dollars in the capital stdbk of said com- 
 pany. 
 
 Sec. 44. Be it further enacted, That the manner and time of payment 
 of the further subscription on the part of the State, shall be the same as 
 are prescribed in section twelve of this act, and under the same condi- 
 tions, restriction and certification as^therein prescribed for the paj^ment of 
 the subscription before provided to be made on the aforenamed first 
 subscrijxtion of said amount on behalf of the State to the capital stock in 
 said company. 
 
 Sec. 45. Be it further enacted, That whenever and as soon as the said 
 company shall have completed, equipped and in full operation, with one 
 or more tracks for the transportation of passengers and freight, the second 
 division of said railway, the board of directors of said company shall 
 proceed in the same manner, and under the same provisions, regulations, 
 restrictions and conditions as are prescribed in sections forty-two, forty- 
 three and forty-four of this act, to effect the construction of each and 
 every consecutive division of said railway, throughout the line located as 
 provided in section ten of this act, and the same provisions, regulations, 
 restrictions and conditions expressed in said sections forty-two, forty-three 
 and forty-four of this act as aforesaid, shall be in full force when applied 
 for the construction of each and every consecutive division of said railway, 
 
12 WESTERN NORTH-CAROLINA RAILROAD. 
 
 throughout said line, located as provided in section ten of this act: 
 Provided^ liowecer. That should the first subscription provided for in the 
 seventh section of this act to be taken by individuals, on the first division, 
 be four hundred thousand dollars, and the fFve per cent, thereon paid, 
 and the certificate thereof made as in said seventh section mentioned, 
 then and in that case the first subscription on the part of the treasurer of 
 the State, for the first division, shall be eight hundred thousand dollars. 
 
 Sec. 46. Be it furtlier enacted, That the following ofl&cers, servants and 
 persons in the actual employment of the said company, be, and they are 
 hereby exempted from the performance of jury and ordinary military 
 duty : The president and treasurer of the board of directors, the chief 
 and assistant engineers, the secretaries and accountants of the company, 
 keepers of depositories, guards stationed on the road to protect it from 
 injury, and_ such persons as may be working the locomotive engines, and 
 traveling with the cars, for the purpose of attending to the transportation 
 of passengers, produce and merchandise on the road. 
 
 Sec. 47. Be it furtlier enacted, That any county through which the 
 said road passes, may subscribe for any amount of the capital stock in 
 said company, as a majority of the voters of said county may approve, 
 for which purpose the court of pleas and quarter sessions of said counties, 
 arehereby authorized to hold an election at the usual time and places of 
 voting for members of the General Assembly. 
 
 Sec. 48. Be it further enacted, That it shallfbe the duty of the presi- 
 dent and directors of said company, during the first week in December, 
 of each and every year, to transmit to_ the Governor, to be by him laid 
 before the General Assembly, at each biennial session, a correct statement 
 of the receipts and expenditures of said company, during the year pre- 
 ceding, and also the amount of its debts. 
 
 Ratified the 15th day of February, 1855. 
 
/ 
 
 AMENDMENTS TO THE CHARTER 
 
 OF THE 
 
 -=<«iOJ.:«^- 
 
 AN ACT 
 
 To amend An Act entitled "An Act to Incorporate the Western 
 North-Carolina Railroad Company." 
 
 Section 1. Be it enacted by the General Assembly of the State of North- 
 Carolina, and it is hereby enacted by the anthority of the same, That an 
 act entitled "an Act to incorporate the Western North-Carohna Railroad 
 Company," passed by the General Assembly at the session of 1 854-' 55, 
 (chapter 228,) be and the same is hereby so altered and amended as to 
 authorize and empower the board of directors of said company, as soon 
 as the amendments proposed by this Act shall be accepted by the individ- 
 ual stockholders of said company, to open books for subscription of stock, 
 by individuals, to the capital stock of said company to the amount of two 
 or three hundred thousand 'dollars, or to a sum intermediate between two 
 and three hundred thousand dollars, as said board of directors may deter- 
 mine ; and upon said subscription being made, and five per cent, thereon 
 being paid by solvent persons or counties, a subscription of double the 
 amount so subscribed by individuals shall be made on behalf of the State 
 to the capital stock of said company, in the manner and by the persons, 
 and upon the certificate of such estimated cost, or individual subscription 
 being made as directed by the charter of said company, and the payments 
 of the instalments due from the State in said subscription shall be made 
 in the manner and upon the terms now prescribed in said charter. 
 
 Sec. 2. Be it further enoscted, That the stock subscribed under and by 
 virtue of the first section of this act shall be added to the stock already 
 subscribed to the capital stock of said company, and the aggregate of 
 stock thus made shall be expended in constructing, equipping and putting 
 in full operation the first section or division of said road, in the same 
 manner as if the additional subscription now authoiized had been author- 
 ized by the charter of said company when originally granted ; which first 
 section or division shall extend to the town of^ Morganton, in the county 
 of Burke, and no further. That said board of directors may locate said 
 road within two miles of the town of Newton, in Catawba county, or said 
 board may locate a branch of said road extending from the main line to 
 slid town, said branch not to exceed three miles in length ; Provided, 
 nevertheless, That in case said board of directors shall not locate said line 
 
14 WESTERN NORTH-CAEOLINA RAILROAD. 
 
 of railroad in less than two miles of the town of Newton, nor construct 
 said branch as {foresaid, then the subscribers (living in said town) are 
 hereby released from the subscriptions by them made to the capital stock 
 of said railroad ; and the president of the company is hereby authorized 
 to execute a release to the persons herein designated. 
 
 Sec. 3- Be it further enacted, That the board of directors of said 
 company be and they are hereby authorized and empowered to open 
 books of subscription of stock, by individuals to the capital stock of said 
 company, to an amount sufficient to meet one-third of the cost of con- 
 structing the second division of said road, which second section or division 
 shall extend from the town of Morganton to some point not more than 
 ten miles east of the western portal of the Swannanoa tunnel ; which books 
 may be opened and subscriptions received at such times and places as 
 shall be deemed most expedient by the said board ; Provided, That 
 nothing herein contained shall authorize a subscription of stock on behalf 
 of the State to the second division of said road, till the first division to 
 Morganton shall be completed, equipped, and in full operation, as provi- 
 ded in the original charter. 
 
 Sec. 4. Be it further enacted, That before any proposition for subscrip- 
 tion of stock by counties shall be submitted to the people for their 
 approval, provided in the charter, the county court of the county propos- 
 ing to subscribe (a majority of the acting justices of the peace of said 
 county being present) shall determine on the amount of stock to be 
 subscribed by said county, and the manner in which the question shall be 
 submitted to the people, the time when the vote shall be Jiad thereon, 
 and the person by whom the subscription on behalf of said county shall be 
 made ; and said court shall have power to make all such orders, rules and 
 regulations for the issue and sale of the county bonds necessary to insure 
 the payment of the stock subscribed, and to lay such tax from time to 
 time as may be necessary to pay the interest on said bonds, and idtimately 
 liquidate the principal of the same. 
 
 Sec. 5. Be it further enacted, That as soon as the foregoing amend- 
 ments shall be accepted by the private stockholders of said company, in 
 a general meeting held by them to consider the same, all such clauses in 
 the charter of said company (and no more) as are in conflict with this act 
 are hereby repealed and declared null and void. 
 
 Sec. 6. Be it further enacted. That if the said company shall accept 
 the foregoing amendments to their charter, said acceptance shall be certi- 
 fied to the board of internal improvements, under the seal of the company, 
 signed by the president, and countersigned by the secretary. 
 
 Sec. 7. Be it further enacted. That a general meeting of the stock- 
 holders of said company may be held to consider the foregoing amend- 
 ments immediately after the ratification of this act, and the same shall be 
 in force from and after its acceptance by the private Stockholders in 
 general meeting assembled. 
 
 Sec. 8. Be it further enacted. That it shall be competent for the present 
 or any future General Assembly of this State to authorize any other 
 railroad company, or other company formed for the construction of any 
 public improvement to connect with the railway of the said "Western and 
 North-Carolina Railroad Company at any point on its line; and that 
 whenever any such connection shall be made, the Western and North- 
 Carolina Railroad Company shall join in the erection of any warehous^e 
 and passenger sheds that may be necessary to render such connection as 
 perfect as possible, and regularly use the same for the reception and 
 
 -e 
 
WESTERN NORTH-CAROLINA RAILROAD. 15 
 
 delivery of all passengers, goods, and other articles whatever, and the 
 said railroad company shall not discriminate by its charges against the 
 company or companies so connecting with its railway. ' 
 Ratified the 2d day of February, 1857. 
 
 STATE OF NORTH-CAROLINA, 
 
 Office of Secretary of State. 
 I, William Hill, Secretary of State, in and for the State of North-Car- 
 olina, do hereby certify that the foregoing is a true copy of the origmal 
 on file in this office. Given under my hand this 23rd day of March, 1857. 
 
 W. HILL, Secretary. 
 Per Rupus H. Page, D. Secry 
 
 AN ACT 
 
 To amend An Act entitled "An Act to Incorporate the "Western North- 
 . Carolina Railroad Company," passed at the Session of 1854-'55 ; and 
 also An Act Amendatory thereof, passed at the Session of 1856-'57- 
 
 Section 1. Be it enacted hy the General AssemUy of the State of North- 
 Carolina, and it is herchy cnacted^y the authority of the same, That the 
 said acts which authorized the survey for and the construction of a rail- 
 road from Salisbury, west across the Blue Ridge, to a point to be selected 
 under future legislation, on the Tennessee line, and to locate the road 
 accordingly ; and whereas the survey made by the Western North-Caroli- 
 na Railroad Company has only been finished as far as_ the French Broad 
 river, near Asheville, leaving the remainder of the line of the road to 
 the Tennessee line to be surveyed and located as provided under the 
 second section of the act of 1 854-' 55 ; therefore. Be it further enacted, 
 That for the purpose of completing the provisions of the charter as 
 provided in said section, so as to enable the company to completethe 
 survey and to locate their road, the said company is hereby authorized 
 and required to make a survey for a railroad from the point near Asheville, 
 to which the survey has already been extended, west through the valleys 
 of the Pigeon and Tuckaseegee rivers to a point on the line of the Blue 
 Ridge railroad, on the Tennessee river, or to the Tennessee line, at or 
 near Ducktown, in the county of Cherokee ; Provided, That if the com- 
 pany should, upon examination of the route to Ducktown, determine 
 that the route is impracticable, they shall not be required to survey it. 
 
 Sec. 2. Be it further enacted, That as soon as said survey is completed 
 as herein provided, the company shall have the right, by and with the 
 consent of the stockholders east of the Blue Ridge, to locate tlieir road 
 either west, to connect with the line of the Blue Ridge Railroad, on such 
 terms as the Blue Ridge Company and the Western North-Carolina 
 Railroad Company may agree on, to complete the connection with the 
 steamboat navigation on the Tennessee, and railroad connection, with the 
 railroad^'already constructed and in progress of construction, with Knox- 
 vill^, on the Tennessee, Louisville, Cincinnati and Cairo, on theOhio, on 
 the northwest ; and with the cities of Chattanooga and Memphis, on the 
 west ; and with the city of New Orleans, on the southwest ; or, if the 
 company prefer, they shall have the right to locate said road from the 
 
16 WESTERN NORTH-CAEOLINA RAILROAD. 
 
 point designated, near Aslieville, down the French Broad, and to connect 
 with any company that has been formed or may be formed, to complete 
 the raih'oad connection with the East Tennessee and Virginia Railroad : 
 Provided, That the survey shall be paid for out of the appropriation 
 made for the Western North-Carolina Railroad, under the act of 1854-'55 : 
 And provided further, That the location to be made shall be approved by 
 the next General Assembly, and the next General Assembly be furnished 
 with a report of the survey : Provided further, That the said company 
 shall have the right to make a survey down the French Broad river, 
 through Madison County, to the line of the State of Tennessee, at or 
 near Paint Rock, and be paid for out of the appropriation made for the 
 Western North-Carolina Railroad, at the Session of 185-i-'55. 
 
 Sec. 3. Be it further enacted, That all acts and clauses of acts, coming 
 in conflict with this act, be and the same are hereby repealed. 
 
 Sec. 4. Be it further enacted, That this act shall be in force from and 
 after its ratification. 
 
 Read three times and ratified by the General Assembly, this 15th day 
 of February, 1859. 
 
 THOMAS SETTLE, Jr., S. H. C. 
 HENRY T. CLARK, S. S. 
 
 STATE OF NORTH CAROLINA, 
 
 Of^ce of Secretary of State. 
 I, Rufus H. Page, Secretary of State, in and for the State of North- 
 Carolina, do hereby certify, that th^ foregoing is a true copy of the 
 original on file in this ofl&ce. Given under my hand this 18^h day of 
 February, 1859. 
 
 RUFUS H. PAGE, 
 
 Secretary of State. 
 
 AN ACT 
 
 To Amend the Charter of the Western North-Carolina Bailroad Company. 
 
 Section 1. Be it enacted hy the General Assembly of the State of North- 
 Carolina, and it is hereby enacted by the authority of the same. That the 
 route selected by said com])any for the location of their road, from the 
 east bank of the French Broad river to the Tennessee line, at or near 
 Ducktown or Gowone, under the provisions of the second sections of the 
 acts of 1854r-'55 and 1858-'59, be and the same are hereby approved. 
 
 Sec. 2. Be it further enacted, That the first section of said road instead 
 of being divided into two sections as heretofore, shall be extended from 
 Salisbury to, and terminate at the western portal of the Blue Ridge 
 tunnel, west of the Swannanoa Gap, instead of Morganton ; but the 
 subscriptions made for the divisions of that section east and west of 
 Morganton, shall be applied to the construction of the division designated 
 by the subscription. 
 
 Sec. 3. Be it farther enacted. That the company as provided in said 
 act shall open books for the subscription of the stock for the second 
 section of said road, to extend from the terminus of the said first section 
 to a point to be selected by the company, on French Broad river, as near 
 as may be consistent with the interests of the company, to the village of 
 
WESTERN NORTH-CAROLINA RAILROAD. 17 
 
 Asheville ; and as soon as one-third of the estimated cost of that section 
 is subscribed by solvent individuals, counties and corporations, as provided 
 in the act of 1854-'55, the company shall place that section under con- 
 tract. 
 
 Sec. 4. Be it further enacted, That as soon as the second section is put 
 tinder contract, it shall be the duty of said company to ' open books for 
 the subscription of stock to extend the third section of said road from 
 the terminus of the second section to Waynesville, in the county of 
 HajTvood, or to a point west of the head of Richland Creek ; and as 
 soon as one-third of the estimated cost of this section, terminating at 
 either of the points designated, shall have been subscribed, it shall be 
 the duty of the company to put a portion or all of the said section under 
 contract. 
 
 Sec. 5. Be it further enacted, That it shall be the duty of said compa- 
 ny, at the same time they open books for the subscription of stock for the 
 third division, also to open books for the subscription of stock to construct 
 a branch of said road down French Broad river, agreeably to a survey 
 recently made by said company, terminating at the Paint Rock, on the 
 Tennessee line. 
 
 Sec. 6. Be it further enacted, That the remainder of the appropriation 
 made for said road under the act of 1854-'55, after setting apart a suffi- 
 cient sum to pay the contractors and complete the road to the^ point on 
 French Broad river, in the county of Buncombe, shall be equally divided 
 between the third division, extending to Waynesville, or a point west of 
 the head of Richland Creek, and the branch down French Broad river, to 
 the Paint Rock ; and as soon as one-half of that sum shall have_ been 
 subscribed, as provided in third section, for either the third division or 
 the branch, it shall be the duty of the company to put a portion or all of 
 either or both under contract. 
 
 Sec. 7. Be it further enacted, That the payments required to be made 
 on the part of the State under this act and the act of 1854, in one year 
 from the passage of this act, shall not exceed seven hundred thousand 
 dollars ; this limitation on the expenditure is intended as a substitute for 
 the restrictions under the act of 1854-'55. 
 
 Sec. 8. Be it further enacted, That all laws and clauses of laws coming 
 in conflict with this act be, and the same are hereby repealed, and that 
 this act be in force from and after its ratification. 
 
 Read three times and ratified in G-eneral Assembly this 18th day of 
 February, A. D. 1861. 
 
 WM. T. DORTCH, ,5'. H. C. 
 HENRY T. CLARK, S. S. 
 
 STATE OF NORTH CAROLINA, 
 
 Office of Secretary of State. 
 
 I, Rufus H. Page, Secretary of State, in and for the State of North 
 Carolina, do hereby certify that the foregoing is a true copy of the origi- 
 nal on file in this office. Griven under my hand, this 20th day of 
 Februaiy, 1861. 
 
 RUFUS H. PAGE, 
 
 Secretai-y of State. 
 
18 WESTERN NOETH-CAROLINA RAILROAD. 
 
 AN ACT 
 
 To Amend the Charter of the "Western North Carolina Bailroad. 
 
 Section 1. Be it enacted hy the General Assembly of the State of North 
 Carolina, and it is hereby enacted hy the authority of the same, That the 
 President and Directors of the Western North CaroHna Railroad shall 
 have power to construct the Road from the mouth of Swannanoah to the 
 Paint Rock the Tennessee guage, and when the Western North Carolina 
 Railroad is completed to the French Broad River, the President and 
 Directors of said road shall have the right to change said guage to that of 
 the North Carolina Railroad. 
 
 Sec. 2. Be it further enacted, That this act shall be in force from and 
 after its ratification. 
 
 Ratified the 4th day of March, A. D. 1867. 
 
 AN ACT 
 
 To Amend An Act entitled " An Act to Incorporate the Greeneville and 
 French Broad Kailroad Company," Ratified the Thirteenth Day of 
 February, A.D. Eighteen Hundred and Fifty-five- 
 
 Section 1. The General Assembly of North Carolina do enact, That 
 the ninth section of an act entitled ' ' An Act to incorporate the Greene- 
 ville and French Broad Railroad Company," passed by the General 
 Assembly at the session of A. D., 1854 and 1855, and ratified the thirteenth 
 day of February, A. D.. 1855, be, and the same is hereby repealed. 
 
 Sec. 2. That the said act of incorporation is hereby continued, and shall 
 remain in full force and efi"ect, except so far ^s the same is modified and 
 repealed by this act. 
 
 Sec. 3. That the said Greeneville and French Broad Railroad Compa- 
 ny may, in their discretion, make the northern terminus of their Road at 
 Asheville, in the County of Buncombe. 
 
 Sec. 4. That this act shall be in force from and after its ratification. 
 
 Ratified the 18th day of August, A. D. 1868. 
 
 AN ACT 
 
 To Amend the Charter of the "Western North Carolina Eailroad Company. 
 
 Section 1. The General Assembly of North Carolina do enact, That 
 the Western North Carolina Railroad shall consist of two separate and 
 distinct Divisions : one called the Eastern Division, and shall embrace the 
 said Road from Salisbury to French Broad River, near Asheville, and 
 the other called the Western Division, which shall embrace the said Road 
 from the French Broad River to Ducktown and Paint Rock on the Ten- 
 nessee line. 
 
 Sec. 2. The property, appropriations and subscription of stocks here- 
 
WESTERN NORTH-CAROLINA RAILROAD. 19 
 
 tofore made by the State, and private stockholders for the Eastern 
 Division of said Road, as provided in section one of this act, shall be 
 ixsed only for the purpose of the completion and operation of said Eastern 
 Division of said Road, and shall be managed, controlled, and directed by 
 a Board of Directors, as now provided by law. 
 
 Sec. 3. The Western Division of said Road, as provided in section one 
 of this act, shall be managed, constructed and controlled by a Boai-d of 
 Directors, separate and distinct from the Board of Directors of the East- 
 ern Division, which Board of Directors shall consist of twelve, eight on 
 the part of the State, to be appointed by the Governor, and four on the 
 part of private Stockholders, to be elected under the same rules and 
 regulations as now provided by law : Provided, that the Directors on the 
 part of the private Stockholders shall be elected by the Stockholders of 
 their Divisions respectively. 
 
 Sec. 4. The Board of Directors of each Division shall have the selec- 
 tion of its own officers and agents, a distinct Treasurer, and otherwise 
 independent of the other. 
 
 Sec. 5. For the purpose of securing the completion of the Western 
 Division, the capital stock of the Western North Carolina Railroad Com- 
 pany is hereby increased to a sum sufficient to attain that object, not to 
 exceed twelve millions of dollars, and the Pubhc Treasurer is_ hereby 
 authorized and required to make subscriptions from time to time, for 
 two-thirds of the stock, and make payment as heretofore provided by law. 
 
 Sec. 6. Upon the completion of the two Divisions as provided for in 
 section one of this act, the whole Road and property may be consolidated 
 on such terms as are agreed between the Stockholders of the respective 
 Divisions. 
 
 _ Sec. 7. The provisions of the above act to be in full force and opera- 
 tion upon condition that the Western Division of said Road shall be put 
 under contract before the State shall be called upon for its subscription to 
 said Road. 
 
 Sec. 8. The said Western Division of the Western _ North Carolina 
 Railroad shall be completed within four years from the time that the said 
 Road shall be put under contract. 
 
 Ratified the 19th day of August, A.D., 1868. 
 
 AN ACT 
 
 To enhance the value of the Bonds to be issued for the completion of 
 the "Western North-Carolina Kailroad, and for other purposes. 
 
 Whereas, The Legislature of North Carolina, at its session of 1854-'55, 
 passed "An Act, entitled an Act to incorporate the Western North Caro- 
 lina Railroad Company," and at its session of 1860-'61, an Act, entitled 
 ' ' An Act to amend the charter of the Western North Carolina Railroad 
 Company;" and, loliereas, by the combined force of said Acts, the faith of 
 the State of North Carolina was pledged for the pajrment of four millions 
 of dollars in bonds of the State, a portion of which have already been 
 issued ; and, lohereas, it is manifestly the interest of the people of the 
 whole State, that the residue of the bonds, when issued, shall command a 
 high price in market : Therefore, 
 
20 WESTERN NORTH-CAROLINA RAILROAD. 
 
 Section 1. Be it enacted hy the General Assemhhj of the State of North 
 Carolina., and it is herehy enacted hy the anthority of the same, That the 
 Public Treasurer be, and he is hereby, authorized and directed, whenever 
 it shall become his duty under the provisions of said acts, passed at the 
 sessions of 1854-'55 and 1860-61, to issue bonds of the State to the 
 amount of fifty thousand dollars, or more, to mortgage an equal amount of 
 the stock which the State now holds in the North Carolina Railroad as 
 collateral security, for the payment of said bonds, and to execute and 
 deliver, wdth each several bonds, a deed of mortgage for an equal amount 
 of stock to said North Carolina Railroad, said mortgage to be signed by 
 the Treasurer and countersigned by the Comptroller, to constitute a part of 
 said bond, and to be transferable in like manner with it, as provided in the 
 charter of said Western North Carolina Railroad Company ; and, further, 
 that such mortgages shall have all the force and effect, in law and equity, 
 of registered mortgages without actual registry. _ 
 
 Sec. 2. Be it further enacted, That the President and Directors of said 
 Western North Carolina Railroad Company be, and they are hereby au- 
 thorized and empowered, to issue bonds of the Company, running for such 
 term of years as they may deem expedient, and bearing interest at a rate 
 not greater than eight per cent, per annum, and to make, execute and 
 deliver a deed or deeds of mortgage, conveying the whole or a portion of 
 the right, title and interest of the Company, in any or all the estate, both 
 real and personal, belonging to said Company, or in any manner pertaining 
 to the same, to the purchaser or purchasers of said bonds of the Company, 
 and conditioned for securing the payment of said bonds at maturity ; and 
 also to pledge the profits of said Company, or so much thereof, as may be 
 necessary, for the payment of the interest on said bonds as it falls due ; 
 and said bonds shall be issued by said President and Directors, whenever it 
 shall appear to them ne«essary, for the completion of said Road, to raise 
 other funds in addition to the State's subscription, and the proceeds arising 
 from the sale of said bonds shall be applied for the purpose of finishing 
 the Road to its Western termini. 
 
 Sec. 3. Be it further enacted, That this Act shall be in force from and 
 after its ratification. 
 
 Ratified the 19th day of December, A.D., 1866. 
 
 AN ACT 
 
 To enable the Western North-Carolina Railroad Company to discharge 
 
 its debt. 
 
 Section 1. Beit enacted hy the General Assemhly of the State of North- 
 Carolina, Q,nd it is herehy enacted hy the authority of the same. That the 
 President and Directors of the Western North-Carolina Railroad Com- 
 pany be, and they are hereby, authorized to issue the first series of the 
 mortgage bonds of the Company, according to the provisions of the _ sec- 
 ond section of an Act passed by the present General Assembly, entitled 
 "An Act to enhance the value of Bonds to be issued for the completion 
 of the AVestern North-Carolina Railroad," ratified the 19th day of De- 
 cember, A.D., 1866, to an amount not exceeding fifty thousand dollars, 
 in order to discharge the present indebtedness of the Road. 
 
WESTEEN NOETH-CAHOLINA RAILEOAD. l^i 
 
 Sec. 2, Be it further enacted, T\\^t said Bonds shall show upon their 
 face what amount of the same will be ultimately issued for evefiy mile of 
 said Road completed, and tliat the amount to be so issued shall be fixed 
 by the President and Directors of said lload. 
 
 ' Sec. 3. Be it further enacted, That this Act shall be in force from and 
 after its ratification. 
 
 Ratified the 20th day of February, A.D., 1807. 
 
 AN ACT 
 
 To authorize the President and Directors of the Western Worth-Carolina 
 Bailroad Company to put said Eoad under Contract. 
 
 Whereas, The charter of the Western North-Carolina Railroad Com- 
 l^any requires the Road to be built by sections, putting the light work 
 under contract at the same time with tlie heavy work, greatly to the in- 
 jury of the State and Company ; Therefore, 
 
 Section 1. Be it enacted by the Gena-al Assembly of the State of North- 
 Carolina, and it is hereby enacted by the authority of the same, That the 
 President and Directors of the Western North-Carolina Railroad Com- 
 pany are herebj^ authorized an4 empowered to put under contract, at any 
 time they may deem advisable, any portion of said Road to its Western 
 terminus, (Duck Town Copper Mines,) embracing its branch down the 
 French Broad River to Paint Rock. Whenever one-tliird the estimated 
 cost of said portions or sections, (such portions or sections to embrace at 
 least fifty thousand dollars' worth of work at the estimated cost,) have 
 been subscribed by solvent individuals, counties, corporations, or con- 
 tractors, the Treasurer of the State is hereby authorized and directed to 
 issue bonds of the State for the remaining two-thirds, as provided by an 
 act passed at the present session of the General Assembly, (entitled an 
 Act "to enhance the value of the bonds to be issued for the Western 
 North-Carolina Railroad, and for other purposes,") upon the certificate 
 of the President of said Road to the Board of Internal Improvements, 
 that the stock has been subscribed as above required ; and from time to 
 time, as the stock is thus subscribed and certified to by the President of 
 the Company, the Treasurer of the State is authorized and directed to 
 issue said Bonds until the Road is completed. 
 
 Sec. 2. Be it further enacted. That the President and Directors of the 
 said Western North-Carolina Railroad Company be, and they are hereby, 
 authorized and empowered to issue bonds of the Company, (as provided 
 by the second section of the above-recited Act, passed at the present ses- 
 sion of the General Assembly, and ratified on the 19th day of December, 
 A.D., 18GG,) at any time, and sell the same and apply the proceeds aris- 
 ing from the sale of said Bonds to the Main Trunk Road from the French 
 Broad River, West, and the Branch down the French Broad River, 
 equally in proportion to the length of each, and from time to time, as fast 
 as any portion of said Road and Branch is completed, to issue said Bonds 
 and sell and apply to said Road until it is finished to its Western termi- 
 nus, (at or near Ducktown Copper Klines.) 
 
 Sec. 3. Be it further enacted, That the Western North-Carolina Rail- 
 road Company are fully authorized and empowered to receive, in pay- 
 
22 WESTERN NORTH-CAROLINA RAILROAD. 
 
 rtient of subscription from individuals, corporations, companies, or coun- 
 ties, lands at such valuation as may be agreed upon at the time of sub- 
 scribing, by the Company or its authorized agents on the one part, and 
 such individuals, corporations, companies or counties as may subscribe to 
 said Railroad, with the understanding that payment is to be made in 
 this way : Provided^ That the stock subscribed in lands under this sec- 
 tion, shall be fixed at a cash valuation in gold at the time of subscribing, 
 and said lands to be held by the Company for sale at any time, or to be 
 mortgaged by the Company to raise the amount subscribed on the part 
 of individuals, companies, counties, or corporations : And provided^ fur- 
 ther^ Th&t the State and Company are to have the benefits arising from 
 the increased value of the lands so subscribed : Provided, further, That 
 the State Treasurer .shall not be called upon for the State subscription 
 when the individual subscription is made in land, until the Directors shall 
 have realized the estimated value in money. 
 
 Sec. 4. Be it further enacted, That there shall be no discrimination, 
 by the authority of said Western North-Carolina Railroad Company, 
 either in the rates of freight or travel, or in the running of trains, against 
 the Wilmington, Charlotte and Rutherford Railroad Company, from the 
 point of connection between said Roads, wherever they may be. West- 
 ward. 
 
 Sec. 5. Be it further enacted, That this Act shall be in force from and 
 after its ratification. 
 
 Ratified the 27th day of February, A.D., 1867. 
 
 AN ACT 
 
 To enable the Buncombe Turnpike Company to "subscribe the Stock in 
 their Road to the "Western North-Carolina Eailroad. 
 
 Section 1. Be it enacted by the General Assembly of the State of North- 
 Carolina, and it is hereby enacted by the authority of the same, That if the 
 Western North-Carolina Railroad Company determine to build their 
 Road on East banks of French Broad River, then the President and Di- 
 rectors of the Buncombe Turnpike Road shall have the right to subscribe 
 the whole or any portion of their Road to the Western North -Carohna 
 Railroad, upon such terms as may be agreed upon by the President and 
 Directors of the Buncombe Turnpike Road and the President and Di- 
 rectors of the Western North-Carolina Railroad. 
 
 Sec._ 2. Be it further enacted. That if only a portion of the Buncombe 
 Turnpike Road be taken by the Western North-Carolina Railroad, then 
 the Buncombe Company shall have the right to collect tolls on that por- 
 tion of their Road not used by the Western North-Carolina Road, collect- 
 ing one-half of the tolls now allowed by law. 
 
 Sec. 3. Be it further enacted. That the Buncombe Turnpike Company, 
 if they desire to do so, shall have the right to surrender their charter, 
 if the Western North-Carolina Railroad determine to take only that por- 
 tion of the Buncombe Turnpike Road North of Asheville to the Tennes- 
 see Hne. 
 
 Sec. 4. Be it further enacted. That this Act shall be in force from and 
 after its ratification. 
 
 Ratified the 4th day of March, A.D., 1867. 
 
WESTERN NORTH-CAROLINA RAILROAD. 23 
 
 AN ACT 
 
 To re-enact and confirm certain Acts of the General Assembly author- 
 izing the issue of State Bonds to and for certain Bailroad Companies. 
 
 "Whereas, Doubts have been raised as to the validity of bonds of the 
 State issued to and for certain Raih'oad Companies under acts whose 
 titles are hereinafter recited ; and whereas, it is the purpose of this Gen- 
 eral Assembly to place the validity of such bonds beyond question ; now, 
 therefore, 
 
 Section 1. The General Assemhly of North- Carolina do enact, That an 
 act entitled "An act to amend the charter of the Williamston and Tar- 
 boro' Railroad Company," ratified the seventeenth day of August, Anno 
 Domini, eighteen hundred and sixty-eight, and an act entitled "An act to 
 amend the charter of the Western North-Carolina Railroad Company," 
 ratified the nineteenth day of August, Anno Domini, eighteen hundred 
 and sixtj'-eight, and all the provisions thereof be and the same are hereby 
 re-enacted and in all things confirmed, and they are hereby constituted 
 part of this act ; and all bonds of the State heretofore made and issued to 
 and for the railroad companies and for the purposes in said act specified, 
 and in pursuance of the same, are hereby ratified and made good to all 
 intents and purposes as if issued under and in pursuance of the provisions 
 of this act. 
 
 Sec 2. That on the surrender of any of the bonds heretofore issued 
 under and by virtue of any one of said acts, the Treasurer is hereby au- 
 thorized and required to issue and substitute new bonds of the State, of like 
 tenor and date, executed in like manner and in all respects similar, for such 
 bonds so surrendered, except that such new and substituted bonds shall be 
 issued and purport to be issued under and by virtue of this act, and the 
 bonds so surrendered shall be burnt by the Treasurer in the presence of 
 the Governor and Auditor, who Shall cause to be made and sign a certifi- 
 cate specifying the number and dates of such bonds so burnt and the acts 
 under which the same were issued, and the Treasurer shall report such, 
 action and certificate to the General Assembly. 
 
 Sec. 3. In order to provide for the payment of the interest that may, 
 from time to time, accrue upon such bonds so issued under said acts and 
 the bonds to be issued and so substituted under this act, there shall be 
 annually levied and collected a special tax of one-thirtieth of one per 
 cent, on the taxable property of the State to pay the interest that has 
 accrued and may, from time to time, accrue on the bonds so issued and so 
 to be issued to and for the said the Williamston and Tarboro' Railroad 
 Company, and a like special tax shall be annually levied and collected of 
 one-twentieth of one per cent, on all taxable property of the State to pay 
 the interest that has accrued and may, from time to time, accrue on the 
 bonds so issued and so to be issued to and for and on account of the said 
 the Western North-Carolina Railroad Company. 
 
 Sec. 4. The Public Treasurer is hereby directed, whenever the President 
 of the Chatham Railroad Company shall certify that the grading of the 
 Road between Cheraw, in South Carolina, and the Gulf or some other 
 point on the Chatham Railroad between Raleigh and the Gulf has been 
 let to contract, to subscribe to the capital stock of said Company two 
 million dollars in behalf of the State, which subscription shall be paid by 
 delivering to the President of said Company coupon bonds of the State at 
 par of the denomination of one thousand dollars, dated October first, 
 
24 WESTERN NORTH-CAROLINA RAILROAD. 
 
 eighteen hundred and sixtj^-eiglit, and payable in thirty years thereafter, 
 bearing six per cent, interest, payable semi-annually, principal and interest 
 payable in the City of New York, said bonds to be signed by the Grovernor, 
 countersigned by the Treasurer and sealed with ' ' The great seal of the ' 
 State, ' ' and issued under the provisions of chapter ninety. Revised Code : 
 Provided, That said bonds shall only be issued on the surrender of a like 
 amount of bonds of the State heretofore issued under an act to amend the 
 charter of the Chatham Railroad Company, ratified the fifteenth day of 
 August, eighteen hundred and sixty-eight. On which surrender the same 
 amount of bonds delivered by said Company to the State under the said 
 act shall be cancelled. Said subscription shall be preferred stock and pay 
 a dividend of six per cent, before any dividend shall be declared on the 
 other stock. 
 
 Sec. 5. In order to provide for the payment of the interest which may 
 accrue on the bonds issued as above mentioned, there is hereby and shall 
 be annually levied and collected a special tax of one-twentieth of one per 
 cent, on the taxable property of the State, collectable and payable into the 
 Treasury as other public taxes. 
 
 Sec. 6. In all meetings of stockholders of said Company the State shall, 
 for and in behalf of its stock, be entitled to a vote j equal to one-third of 
 that cast by individual stockholders, and all the officers of said Company 
 shall be elected by the stockholders as heretofore. 
 
 Sec. 7. The capital stock of said Chatham Railroad Company is hereby 
 increased to three milhon two hundred thousand dollars. 
 
 Sec. 8. This act shall be in force from its ratification. 
 
 Ratified the 18th day of December, A.D., 1868. 
 
 AN ACT 
 
 Amendatory of the Act Incorporating the Western North Carolina Eail- 
 road Company, ratified the fifteenth day of February, one thousand 
 eight hundred and fifty-five, and of all other acts amendatory 
 thereof. 
 
 Section 1. The General Assembly of North- Carolina do enact, That 
 the act incorporating the Western North- Carolina Railroad Company, 
 ratified on the fifteenth day of February, one thousand eight hundred and 
 fifty-five, and all other acts amendatory thereof, be amended as follows, 
 to-wit: The capital stock of the Western North-Carolina Railroad Compa- 
 ny, for the Western Division of said Road, shall be ten millions of dollars, 
 and the capital stock of the Eastern Division shall be increased to six and 
 one-half millions of dollars, and the State shall subscribe for the stock of 
 said Company, as now provided by law, until the Road shall be completed : 
 Provided, nevertheless. That, of the appropriation made for the Eastern 
 Division of said Road, a sum of not exceeding eighty thousand dollars, 
 shall be expended in the construction of a branch Road, leading from a 
 point at or near Catawba Station, in Catawba County, to the Lime Beds, 
 in said County, said branch not to exceed five miles in length. 
 
 Sec. 2. That the Board of Directors of the Western Division of said 
 Road, at any time, by order of the stockholders of said Division, shall 
 have power to borrow money from time to time, not exceeding in amount 
 
WESTEEN NORTH-CAROLINA RAILROAD. 25 
 
 the sum of two millions of dollars, and to secure the payment of the same 
 ■by bonds of the Western North-Carolina Kailroad Company, signed by 
 the President and countersigned by the Treasurer of the Western Division 
 of said Koad, bearing interest at a rate not greater than eight per cent, 
 per annum, payable at such place, and maturing at such time, not exceed- 
 ing thirty years, as may be designated, and to secure the payment of such 
 bonds, and enhance the value of the same, the said Board of Directors 
 may mortgage from time to time, all the property of said Company, in- 
 cluding thefranchise and road bed, belonging or appertaining to the said 
 Western Division, and no more, and it shall be sufficient to register such 
 mortgage deeds in the County of Buncombe, according to law, to make 
 the same effectual, as if the same were registered in every County in which 
 the property of said Company, so conveyed, is situated. 
 
 Sec. 3. When the capital stock is paid for with land, the price allowed 
 for such land shall be fixed at the value of the same in gold, before the 
 Treasurer shall subscribe for stock on the part of the State, on account of 
 such stock And the President of said Western Division shall certify the 
 solvency of all subscriptions, whether payable in land or not, as provided 
 by law. 
 
 Sec. 4. That an act entitled "An act to amend the charter of the 
 Western North-Carolina Eailroad Company," ratified ^the nineteenth day 
 of August, one thousand eight hundred and sixty-eight, and all the pro- 
 visions thereof be, and the same is hereby le-enacted, and in all things 
 confirmed : and the said act is hereby constituted a part of this act ; and 
 all the bonds of the State, heretofore made and issued to and for and on 
 account of said Eailroad Company, and for the purposes therein specified, 
 are hereby ratified and made good, to all intents and purposes, as if issued 
 under and in pursuance of the provisions of this act. 
 
 Sec. 5. That on the surrender of the bonds heretofore issued under and 
 by virtue of the provisions of the said act, the Treasurer is hereby author- 
 ized and required to issue and substitute new bonds of the State, of like 
 tenor and date, executed in hke manner, and in all respects similar, for 
 such bonds so surrendered : except that such new and substituted bonds 
 shall be issued and purport to be issued, under and by virtue of this act, 
 and the bonds so surrendered shall be burnt by the Treasurer in the pres- 
 ence of the Governor and Auditor, who shall cause to be made and signed 
 a certificate specifying the numbers and dates of such bonds so burnt, and 
 the act under which the same were issued, and the Treasurer shall report 
 such action and certificate to the General Assembly at its first session 
 thereaiter. 
 
 Sec. 6. In order to provide for the payment of the interest upon such 
 bonds, so issued under said act, and the bonds to be issued and so substi- 
 tuted under this act, as well as for that on all such other bonds as may be 
 issued under the provisions of this act, which has accrued and which may 
 hereatter trom time to time accrue, there shall be annually levied and 
 collected as other taxes a special tax of one- eighth of one per cent, on all 
 the taxable property in the State ; and the Treasurer shall apply the tax 
 so collected to the payment of such interest as the same shall accrue. 
 M .u'r(* ^-^ further subscription for the capital stock of the Western 
 JNorth Carohna Kailroad Company by Counties, the County Commissioners 
 ot any County shall, m all respects, for their Counties respectivelj^ do all 
 tilings and discharge all duties to that end and purpose, that heretofore by 
 law devolved upon the County Courts in Counties proposing to subscribe, 
 and subscribing for such capital stock, and a .majority of the County 
 Commissioners may act, and at such time or times as they may from time 
 
26 WESTERN NORTH-CAROLINA RAILROAD. 
 
 to time designate, and a majority of the votes cast upon any proposition 
 to the people of a County to subscribe for such capital stock, shall be 
 sufficient to authorize such subscriptions for such capital stock heretofore 
 made, are here in all things ratified. 
 
 Sec. 8. That the County Commissioners of any County having stock 
 in said Company, shall appoint a prosy to represent such stock in the 
 stockholders' meetings, said proxy to be appointed by a majority of the 
 Commissioners. 
 
 Sec. 9. The stockholders of the Western Division of said Road shall 
 have power to fix the time and place of their meetings, and the proceed- 
 ings had and acts done, by such stockholders, and the Directors of said 
 Division in and at the organization of the same are hereby in all things 
 ratified and confirmed. 
 
 Sec. 10. The stockholders of said Company, including the State, for 
 the Jiastern Division, shall have the power and the right to elect all the 
 Directors and officers of the Company and to prescribe the duties of each, 
 except that_ the Board of Directors shall elect the President from the 
 Board of Directors : Provided, That on all questions, and in all elections, 
 the State shall be entitled to a 2^>'o rata vote upon all her stock according 
 to the representation of the individual stock in the meeting; and a 
 proxy appointed by the Grovernor shall cast the vote of the State. 
 
 Sec. 11. The stockholders of said Company, including the State for 
 the Western Division, shall have the power and the right to elect all the 
 Directors and officers of the Company, and to prescribe the duties of each, 
 except that_ the Board of Directors shall elect the President from the 
 Board of Directors : Provided, That the State shall be eiititled to a pro 
 rata vote upon one-third of her stock, according to the representation of 
 the individual stock in the meeting. 
 
 Sec. 12._ That said Company shall have power and the right to take all 
 such securities and mortgages of real and personal estate, as it may deem 
 proper, to secure the faithful performance of contracts, for the construc- 
 tion and repairs of said Road, and the buildings and other things incident 
 thereto, and all such securities and mortgages heretofore taken are hereby 
 ratified and confirmed- 
 
 Sec. 13. The Board of Directors of the Western Division of said Road 
 shall have power, in their discretion, to fix the Western terminus of the 
 main branch thereof, on the Tennessee or G-eorgia line in Cherokee County. 
 _ Sec. 14. That it shall be sufficient to register the deeds, convejdng the 
 right of way, depots and station grounds to the Western Division of said 
 Company, in the County of Buncombe, and all such deeds and convey- 
 ances not heretofore registered shall be registered in that County. 
 
 Sec. 15. That said Western North-CaroHna Railroad Company shall 
 have power to make or discontinue branches of said Road at will, and it 
 may use the branches as will best promote its convenience and interest : 
 Provided, nevertlieless, This section shall not confer any power to interfere 
 with the branch Road to Paint Rock, and no other branch shall be begun 
 until the main trunk to Ducktown and the branch to Paint Rock shall 
 have been completed. 
 
 Sec. 16. The acceptance of this amendment to the original charter of 
 the Western North-Carolina Railroad Company, and of the acts hereto- 
 fore passed amendatory thereof, shall be submitted to the private stock- 
 holders of both Divisions jointly, and if a majority of all the votes cast 
 in a joint meeting of said private stockholders shall be in favor of the 
 acceptance, then this act shall go into effect and not before, and it shall 
 be the duty of the Pre'sidents of the Eastern and Western Divisions to 
 
WESTERN NORTH-CAROLINA RAILROAD. 27 
 
 call a joint meeting of tlie private stockholders of tlieir respectiveDivis- 
 ions, at such time and place as may be agreed upon by said Presidents, 
 and within ninety days from the ratification of this act, and a majority of 
 the votes in said joint meeting, (a quorum being present, either in person 
 or by proxy,) shall determine the question of the acceptance or rejection 
 of this act. 
 
 Sec. 17. If a quorum of private stock, (represented either m person 
 or by proxy,) shall not be present at the first meeting as provided in the 
 sixteenth section of this act, then it shall be lawful, and it shall be the 
 duty of the Presidents aforesaid, to call another meeting at some other 
 time, not exceeding thirty days, and so on as often as necessary until a 
 quorum is obtained. 
 
 Sec. 18. In the event the amendments proposed herein to the charter 
 of the Western North-Carolina Railroad Company shall be accepted by 
 the private stockholders as hereinbefore provided, it shall be the duty of 
 the Presidents of the Eastern and Western Divisions of said Road to 
 notify the Governor of the State of said acceptance forthwith ; and the 
 Grovernor shall then immediately make proclamation thereof in three 
 newspapers within the State ; whereupon this act shall be in full force 
 and eifect. 
 
 Sec. 19. Provided, That on or before the day upon which the first 
 coupon of the bonds authorized to be issued by this act, shall become due, 
 the President of the above-named Railroad Company shall pay to the 
 Public Treasurer, either in cash or matured coupons of bonds, upon which 
 the Public Treasurer is made to pay the interest under this act, the sum 
 of ninety thousand dollars : and on or before the day upon which the 
 second coupon of the bonds authorized by this act shall becorne due, the 
 President of the above-named Railroad Company shall pay in like manner 
 the sum of ninety thousand dollars : and on or before the day upon which 
 the third coupon as aforesaid shall become due, the President ab9ve- 
 named shall pay to the Public Treasurer in like manner the sum of sixty 
 thousand dollars : and on or before the day upon which the fourth coupon 
 as aforesaid shall become due, the President above-named shall pay to 
 the Public Treasurer in like manner the sum of thirty thousand dollars. 
 
 Sec. 20. Provided, further, That of the bonds authorized to be issued 
 under this act, five hundred and forty thousand dollars shall be retained 
 by the Public Treasurer as collateral security for the faithful performance 
 of the conditions of the preceding section, and that upon the payment of 
 the first ninety thousand dollars as aforesaid, the Public Treasurer shall 
 be authorized to deliver to said Railroad Company one hundred and eighty 
 thousand dollars of the above-named five hundred and forty thousand 
 dollars of bonds, and upon the payment of the succeeding amounts named 
 in said section, the Public Treasurer is authorized to deliver bonds to the 
 amount of double the sum paid, until all said bonds are delivered to said 
 Railroad Company : Provided, also. That at the expiration of two years 
 fi'om the. date of the first coupon of the bonds authorized in this act, the 
 Public Treasurer shall be authorized to issue to said Railroad Company, 
 anadditional amount of bonds, equal at their par value, to the amount 
 paid in cash by said Company in behalf of the State, according to the 
 provisions of section nineteen of this act, said bonds to be in all respects 
 similar to those authorized to be issued by this act. 
 
 Sec. 21. All laws and clauses of laws in conflict with this act are hereby 
 repealed. 
 Ratified the 29th day of January, A.D., 1869. 
 
28 WESTERN NORTH-CAROLINA RAILROAD. 
 
 9 
 
 AN ACT 
 
 Amendatory of, and supplemental to, an act entitled "An Act Amenda- 
 tory of the Act to Incorporate the "Western Worth-Carolina Railroad 
 Company," ratified the fifteenth day of February, eighteen hundred 
 and fifty-five, and of all other acts amendatory thereof, passed at the 
 present session of the General Assembly, and ratified on the twenty- 
 ninth day of January, eighteen hundred and sixty-nine. 
 
 Section 1. Tlie General Assembly of North- Carolina do enact, That 
 the sixteenth section of an act amendatory of the act to incorporate the 
 Western North-CaroHna Raih'oad Company, ratified the fifteenth day of 
 February eighteen hundred and fifty-five, and of all other acts amendatory 
 thereof, passed at the present session of the General Assembly, and rat- 
 ified on the twenty-ninth day of January, eighteen hundred and sixty-nine, 
 be so altered and amended as to make the said act go into efi"ect from and 
 after its ratification, instead of after its acceptance by the private stock- 
 holders. 
 
 Sec. 2. That so much of the eighteenth section of the above recited 
 act as comes in conflict with this act, or is repugnant thereto, be, and the 
 same is hereby, repealed. 
 
 Sec. 3. This act shall be in force from and after its ratification. 
 
 Ratified the 30th day of January, A.D. 1869. 
 
 AN ACT 
 
 Supplemental to, and amendatory of, an act passed at the present session 
 of the General Assembly, entitled "An Act amendatory of An Act to 
 Incorporate the Western North-Carolina Railroad Company," ratified 
 the fifteenth day of February, eighteen hundred and fifty-five, and of 
 all other acts amendatory thereof. 
 
 Section 1. The General Assemhh/ of North- Carolina do enact, That 
 sections sixteen, seventeen and eighteen of the act entitled as above, 
 passed at the present session of General Assembly, and ratified on the 
 twenty-ninth day of January, eighteen hundred and sixty-nine, be amend- 
 ed by striking out the word "private" wherever it occurs, so that in the 
 meetings, therein provided for, the State as well as the other stockholders 
 may vote upon the acceptance of the amendments to the original charter, 
 and other acts amendatory thereof, and the vote of the State on the said 
 question of acceptance shall be scaled in accordance with the provisions of 
 the original charter, ratified on the fifteenth February, eighteen hundred 
 and fifty-five. 
 
 Sec. 2. This act shall be in force from and after its ratification. 
 
 Ratified the 1st day of April, A.D. 1869. 
 
WESTERN NORTH-CAROLINA RAILROAD. 29 
 
 AN ACT 
 
 » 
 
 Amendatory of the Act to Incorporate the "Western North-Carolina Rail- 
 road Company, ratified the fifteenth day of February, eighteen hund- 
 red and fifty-five, and of all acts amendatory thereof. 
 
 Section 1. The General Assembly of North- Carolina do enact ^ That 
 the provisio in section fifteen of said act shall not be so construed as to 
 prevent the immediate construction of the branch road leading from a 
 point near Catawba Station in Catawba County, to the lime beds, as pro- 
 vided for in section one of said act, and in all meetings hereafter held by 
 the stockholders of the Eastern Division of said Company, the State stock, 
 if represented, shall vote as provided in the eleventh section of the act 
 ratified the twenty-ninth day of January, eighteen hundred and sixty-nine 
 for the "Western Division," of which this is amendatory, and the adop- 
 tion of these and further amendments shall be left to the private stock- 
 holders of the Eastern Division. 
 
 Sec. 2. All acts and parts of acts inconsistent herewith are hereby re- 
 pealed. 
 
 Sec. 3. This act shall be in force from and after its ratification. 
 
 Katified the 9th day of April, A.D,, 1869. 
 
PROCEEDINGS 
 
 OF THE 
 
 GENERAL MEETING OF STOCKHOLDERS 
 
 OF THE 
 
 AT SALISBURY, AUGUST 30th, 1855. 
 «»$ot«»= 
 
 Salisbury, August 30, 1855. 
 
 The Stockholders having met in " Murphy's Hall " pur- 
 suant to adjournment, on motion of "W. P. Caldwell, of Iredell, 
 Col. T. A. Allison, of Iredell, was called to the Chair, and on 
 motion, W. P. Caldwell and John C. Cannon, were appointed 
 Secretaries. 
 
 On motion of W. P. Caldwell, it was 
 
 Eesolved, That a Committee, consisting of one from each County, be 
 appointed to inquire how much stock was represented and to verify proxies. 
 
 The Chair being about to appoint the Committee, it was de- 
 ferred by general consent at the request of T. R. Caldwell, Esq., 
 of Burke, who stated that before the Convention proceeded to 
 organize as a Convention of Stockholders, the County of Burke 
 desired to submit a proposition, stating at the same time, that 
 Burke County had not, as yet, subscribed to the Road. 
 
 Whereupon, W. W. Avery, Esq., offered the following Pre- 
 amble and Resolutions : 
 
 Whereas, It has been suggested that the terminus of the first section 
 of the Western North-CaroHna Raihoad may be located in the woods, at 
 some inaccessible point, thereby subjecting the community to much incon- 
 
WESTERN NORTH-CAEOLINA RAILROAD. 31 
 
 « 
 
 venience, and impairing the utility of the work ; and whereas, it \s the de- 
 liberate opinion of this meeting that it was the wish and intention of the 
 General Assembly in granting the Charter, that the terminus of the re- 
 spective sections of said Road should be at the most prominent and pub- 
 Uc points along the line : Therefore, 
 
 Resolved, That the terminus of the first section of the Western North- 
 Carolina Railroad should be fixed by the Board of Directors at the town of 
 IMorganton, in Burke County, and that the Directors who may be chosen 
 at this meeting are hereby instructed to locate that terminus of said sec- 
 tion at the point designated. 
 
 Resolved further, That the entire line of said Road from Salisbury to 
 Morganton should be surveyed, located and the estimates made out there- 
 for without delay, and that the contracts for grading the line thus located, 
 should be let out at the earliest moment, so as to have the same in the pro- 
 gress of constrction throughout its entire length at the same time. 
 
 On motion, tlie Convention adjourned until 3 o'clock, P.M. 
 
 •Three o'clock, P.M. 
 
 The Convention was called to order by the Chair. 
 
 E. J. Erwin, Esq., of Burke, in behalf of the General Com- 
 missioners, reported that three hundred thousand dollars had 
 been unconditionally subscribed by the Counties of Eowan, 
 Iredell and Catawba, and that Burke was ready to subscribe 
 one hundred thousand dollars : Provided, the Eesolutions of- 
 fered in the forenoon, by Mr. Avery, were adopted. After a 
 discussion of the resolutions, they were adopted by unanimous 
 vote. (The Delegates from Burke not voting.) 
 
 Whereupon, E. J. Erwin, Esq., from the Board of General 
 Commissioners, reported that the subscription of Burke of one 
 hundred thousand dollars had been made absolute. 
 
 On motion of W. W. Avery Esq., it was Resolved, That 
 this Convention be organized with a Capital Stock of four 
 hundred thousand dollars on the part of individuals. 
 
 On motion, a Committee, consisting of one Delegate from 
 each County, was appointed to draft By-Laws for the regula- 
 tion of the corporation of Stockholders. Appointed : D. A. 
 Davis, Esq., of Eowan ; L. Q. Sharpe, Esq., of Iredell ; D. B. 
 Gaither, Esq., of Catawba; W. A. Lenoir, Esq., of Caldwell. 
 
 On motion, a Committee consisting of one Delegate from each 
 
32 WESTERN NORTH-CAROLINA RAILROAD. 
 
 > 
 
 County, was appointed to inquire the amount of Stock repre- 
 sented in Convention. Appointed; C. F; Fisher, Esq., of 
 Eowan ; M. L. McCorkle, Esq., of Catawba ; Otho Gillespie, 
 Esq., of Iredell ; W. A. Lenoir,. Esq., of Caldwell, Todd E. 
 Caldwell, Esq., of Burke. 
 
 On motion, the Convention adjourned until 9 o'clock, A.M., 
 to-morrow. 
 
 Friday, August 31, 9 o'clock, A.M. 
 
 The Convention was called to order by the Chair. D. A. 
 Davis, Esq., from the Committee to draft By-laws, reported a 
 series of Articles and Bules, which were, on motion, unani- 
 mously adopted. 
 
 On motion of W. W. Avery, Esq., it was 
 
 Resolved^ That the Treasurer of the Company have 700 copies of the 
 Charter and By-laws of the Western North-Carolina Railroad Company 
 and the proceedings of this meeting be printed together, for distribution 
 among the Stockholders. 
 
 Mr. Fisher reported that there were 3,484 shares represent- 
 ed in this Convention, as follows : 
 
 Burke, 988 Shares. 
 
 Catawba, 804 " 
 
 Iredell, 974 " 
 
 Rowan, . . ; . . . . 654 " 
 
 Caldwell, 74 " ■ 
 
 Total, ....:. 3,484 Shares. 
 
 A majority of the stock being represented : On motion it 
 was 
 
 Resolved^ That this Convention proceed to the election of Directors. 
 
 On motion, N. N. Fleming, Esq., and Dr. John F. Ford, 
 were appointed to superintend the balloting, who reported 
 that John W. Ellis, of Rowan, M. L. McCorkle. of Catawba 
 R. F. Simonton, Esq., of Iredell, and Thomas S. Walton, of 
 Burke, had received a majority of the votes cast. 
 
 On motion of Todd R. Caldwell, Esq., of Burke, it was 
 
 Resolved^ That the resolution offered in the informal meeting on yester- 
 
WESTERN NORTH-CAROLINA RAILROAD. 33 
 
 day, by Mr. Avery, of Burke, fixing Morganton as the terminus of the 
 first section of the Road, be ratified and adopted by this Convention, and 
 that the same be spread upon the minutes at full length and published with 
 the Charter, By-laws, and proceedings of this Convention. 
 
 On motion of "W. W. Avery, Esq., the Director living nearest 
 Kaleigh, shall have the appointment of the time and place of 
 their next meetina;. 
 
 On motion of W. W. Avery, Esq., it was 
 
 Resolved, That the thanks of this meeting be and they are hereby ten- 
 dered to Mr. William Murphy for the use of his Hall. 
 
 On motion of T. G. Walton, Esq., 
 
 Resolved, That the thanks of this meeting be tendered to the Chairman 
 for the dignity, ability and impartiality with which he has presided over 
 its deliberations. 
 
 On motion, 
 
 Rksolved, That the proceedings of this meeting be pubhshed in the 
 newspapers of Salisbury, and the other papers in the State favorable to 
 the enterprise, be requested to copy. 
 
 On motion, the Chairman declared the meeting adjourned 
 sme die. 
 
 T. A. Allison, Chairman. 
 W. P. Caldwell, ) „ ^ . 
 J.C.Cannon, \ Secretaries. 
 
PHOCEEDINGS 
 
 OF A 
 
 CALLED MEETING OF STOCKHOLDERS 
 
 OF THE 
 
 HELD IN SALISBURY, NOVEMBER 23rd, 1860. 
 =<»=Jot=<»= 
 
 Salisbury, November 23, 1860. 
 
 A Called Meeting of the Stockholders of the Western 
 North-Carolina Eailroad Company was held this day in the 
 Court House, at 2 o'clock, P.M. 
 
 On motion, Gen. C. M. Avery, of Burke, was called to the 
 Chair, and H. Sherrill, of Catawba, and A. M. Erwin, of Mc- 
 Dowell, were appointed Secretaries. 
 
 On motion of R. F. Simonton, a Committee of three was ap- 
 pointed to examine proxies, and to ascertain the amount of 
 stock represented in the meeting. The following persons were 
 appointed said committee, viz : Robert F. Simonton, Dr. Alex- 
 ander, M. Nesbitt, and Richard A. Caldwell. 
 
 A majority of the stock being represented, the meeting pro- 
 ceeded to business. 
 
 The President and Chief Engineer then submitted their re- 
 ports. 
 
 On motion of Charles F. Fisher, the meeting adjourned to 
 meet at seven o'clock, P.M., in order to give absent Stockhold- 
 ers a.n opportunity of attending. 
 
WESTERN NOETH-CAEOLINA RAILEOAD. 35 
 
 EVENING SESSION. 
 
 The Chairman called the meeting to order at the hour ap- 
 pointed. 
 
 On motion of Dr. A. M. Nesbitt, the Eeports' of the Presi- 
 dent and Chief Engineer were received and adopted. 
 
 On motion of Charles F. Fisher, the following resolution was 
 submitted to the meeting : 
 
 Resolved, That the Convention of the Stockholders, in accordance with 
 the requisitions of the Charter, do hereby adopt the Ducktown route, as set 
 forth in the Report of the Chief Engineer to this body. 
 
 Eichard A. Caldwell and Otho Gillespie being appointed tel- 
 lers, a vote of the stock was taken, with the following result : 
 
 For the Ducktown line, 3,714 
 
 For the French Broad line, .... 173 
 
 On motion of A. M. Erwin, the following resolution was 
 unanimously adopted : 
 
 Resolved, That the Stockholders of the Western North-Carolina Rail- 
 road Company do respectfully recommend to the Legislature that the re- 
 strictions in the Charter of this Company be removed, so as to enable the 
 contractors on the Second Section to receive their pay. 
 
 The thanks of the meeting were then tendered to the Chair- 
 man and Secretaries, and the meeting adjourned. 
 
 C. M. AVERY, Chairman. 
 
 H. Sherrill, ) a 4. ■ 
 A.M. Erwin; j '^^^^'^^«^^^^- 
 
 <:<i»tOt«<^ 
 
 PRESIDENT'S REPORT. 
 
 Office of the W. N. C. Railroad Company, ") 
 Salisbury, November 23rd, 1860. J 
 
 To the Stockholders of the Western North-Carolina Railroad 
 Company : 
 
 Gentlemen — You have been called together in compliance 
 with the provisions of an act of the General Assembly, passed 
 3 
 
36 WESTERN NORTH-CAROLINA RAILROAD. 
 
 at its session of 1858-'59, entitled an act to amend an act, to 
 incorporate the Western North-Carolina Eailroad Company, 
 passed at the session of 1854-'55, and also an act amendatory 
 thereof, passed at the session of 1856-'57, which was accepted 
 by the Stockholders at their annual meeting, held in the town 
 of Salisbury, August 25th and 26th, 1859. 
 
 The Board of Directors at their next meeting after the ac- 
 ceptance of said amendment, authorized the Chief Engineer to 
 organize a Corps for the performance of the duties indicated in 
 the act referred to, namely, to make a survey for a railroad, 
 from the point near Asheville to which the survey had already 
 been made, extending West through the valleys of the Pigeon 
 and Tuckasegee Rivers to a point on the line of the Blue Ridge 
 Eailroad, on the Tennessee River, or to the Tennessee line, at 
 or near Ducktown, in the County of Cherokee. 
 
 Also, to make a survey from the point to which the survey 
 had already been made, near Asheville, down the French Broad 
 River, through Madison County, to the line of the State of 
 Tennessee, at or near Paint Rock. 
 
 The result of these surveys is now laid before you, in the 
 Report of your Chief Engineer, which dispels all the fears 
 heretofore entertained as to the practicability of constructing a 
 Railroad from Asheville to Ducktown, and discloses the gratify- 
 ing fact, that the cost will fall far short of what was formerly 
 supposed. 
 
 Our friends in the Western counties, are now looking with 
 renewed hope to the realization of those Railroad facilities so 
 liberally extended to other sections of our State, to develop 
 and bring into market the great mineral wealth of that region. 
 
 The advantage in distance from the Atlantic coast, say Nor- 
 folk to Memphis, via Chattanooga, by this line, you will see ful- 
 ly set forth in the Report of your Chief Engineer. The comple- 
 tion of this link, thus opening a Railroad communication with 
 the great South- West, would invite an amount of travel over 
 this and the contiguous roads, that would, in the end, not only 
 prove profitable to the road, but relieve the State from the bur- 
 dens imposed for their construction. 
 
WESTERN NORTH-CAROLINA RAILROAD. 37 
 
 The line down the French Broad to Paint Kock, in point of 
 cost, will compare favorably with any line of the same length 
 in the mountainous regions of our State, and its construction 
 would probably form a connection with the Western Eoads at 
 an earlier day than could be effected by the Ducktown line ; 
 yet, its divergence from the general course of the main line of 
 road now completed and in course of construction, would not 
 fail to operate seriously against it, as there would be no advan- 
 tages in distance over other roads now in operation. 
 
 The amendment of 1858-59, contemplates that the Stock- 
 holders, East of the Blue Ridge, should decide on the location 
 "West of the Blue Ridge prior to any legislation thereon, and 
 we feel well assured that you will give the subject the consid- 
 eration which the magnitude of the question deserves, as upon 
 your decision, so much of the success of our Railroad system 
 depends. 
 
 We would ask your favorable consideration in behalf of your 
 Chief Engineer and his Assistants, for the zeal and ability dis- 
 played in the discharge of the very arduous duties assigned 
 them. 
 
 I have the honor to be, very respectfully, 
 Your obedient servant, 
 
 A. M. POWELL, President 
 
 4ot= 
 
 CHIEF ENGINEER'S REPORT. 
 
 Chief Engineer's Office W. N. C. R. R., 
 Salisbury, Nov. 23rd, 1860. 
 
 To the President and Directors of the IVestern North- Carolina 
 
 Eailroad. 
 
 Gentlemen — Tlie amendment to the Charter passed at the 
 last session of the Legislature, extending the Road to the Ten- 
 nessee line, also provided for a survey of the same, down the 
 
38 WESTERN NORTH-CAROLINA RAILROAD. 
 
 Frencli Broad River to the Tennessee line at Paint Rock, as 
 well as to tlie State line in the direction of Chattanooga, and 
 
 by a resolution of your Board, at its meeting on the day 
 
 of , Iwas authorized to make the surveys, con- 
 templated by the Charter so amended, and to organize a Corps 
 of Engineers for that purpose. Accordingly, I at once made 
 such preliminary arrangements as were necessary, and on the 
 10th day of November, 1859, a Corps of Engineers, duly pre- 
 pared and equipped, took the field for duty in Buncombe coun- 
 ty, near the confluence of Swannanoa and French Broad Rivers. 
 To this point the surveys of the Western North-Carolina 
 Railroad had been extended, partly by location, and partly by 
 preliminary lines, whilst from this point, under the authority 
 of the Greeneville and French Broad Railroad Company, as its 
 Chief Engineer, for that part of the line, I had, during the 
 winter and spring of 1858, made a survey to the Paint Rock, 
 at the Tennessee line. The notes of survey, profiles, maps and 
 information in regard to it, are in my possession. I therefore, 
 regarded it as unnecessary to make further surveys, on that 
 part of the line, but to avail myself of the information thus ac- 
 quired, and shall, in treating of it, consider them part and par- 
 cel of this survey. 
 
 FRENCH BROAD DIVISION. 
 
 Therefore, in contradistinction to the line hereafter to be 
 considered, I shall denominate and present this under the head 
 of the French Broad Division. 
 
 Near the mouth of thr Swannanoa River, the located line be- 
 gins, and running in a northerly direction, continues down the 
 east bank of the river for about two miles, when it crosses to 
 the west side, and thus continues its course with the meander- 
 ings of that tortuous and crooked river, crossing its several 
 tributaries on its way to the Tennessee line at Paint Rock. 
 This route had long been familiar to me, as during the winter 
 of 1853, I had traced an experimental line along the rock 
 
WESTEEN NORTH-CAEOLINA EAILROAD. 39 
 
 bound sides of tlie river, so that its practicability was of no 
 doubtful character ; but the line being closely confined by the 
 rapid, foaming waters of the river on one side, and the high 
 mural precipices of its rugged confines on the other, a nice 
 location was necessary to determine its cost. 
 
 Except for the first five miles near Asheville, and the six 
 miles east of Paint Rock, the valley of the French Broad, or 
 Tokesteh river, is confined to very narrow limits, in many 
 places having perpendicular bluff's of rock on each side, so that 
 the passage for a road is obtained by encroaching on the sides 
 of the river, rather than excavating the solid rock. To avoid, 
 as much as possible, the rock excavations, an embankment line 
 has been traced wherever it could be done. Owing to the very 
 acute angles in the course of the river, the curvature is ren- 
 dered very abrupt, and in some places requires the adoption of 
 a curve of 522 feet radius. The grades are good, and conform 
 very nearly to the natural fall of the river, and except in one 
 place, no where exceed fifty feet to the mile. 
 
 The tabular statement of grades, curvature and mechanical 
 structures, herewith accompanying this report, will exhibit 
 more in detail the character of the line. 
 
 There are upon this division, 1,126,632 yards of excavation, 
 of which 89,022 yards are estimated as solid rock, 13 bridges 
 and viaducts, requiring 1125 feet lineal of bridge superstruc- 
 ture. 
 
 There are more than the usual number of these structures on 
 this Division, owing to the fact, that it is a river line. 
 
 The estimated cost of this line, as located, is $968,048 84- 
 (nine hundred and sixty-eight thousand and forty-eight dollars, 
 eighty-four cents,) and the distance from the Swannanoa to 
 Paint Pock, 44.9 miles, thus afibrding a cheap line to that 
 point. 
 
40 WESTERN NORTH-CAROLINA RAILROAD. 
 
 FEENCH BROAD DIVISION. 
 
 Estimate of Cost from Mouth of Swannanoa River to Tennessee line at 
 Paint Rock. Length., 44. 9 miles. 
 
 For Grraduation and Masonry, 
 
 Ten per cent, for contingencies, 
 
 Engineering and general surperintendence, . 
 
 Iron, Chairs, Spikes, Cross-ties, 
 
 Laying superstructure and land damages, 
 
 Wells, Wood, and Water Stations, Kepair Shops, 
 
 Ware houses and Equipments, 
 
 Total Cost, 
 
 ,317 13 
 36,931 71 
 45,000 00 
 
 369,800 00 
 120,000 00 
 
 $968,048 84 
 
 From the North- Carolina line to Morristown, on the East 
 Tennessee and Virginia Railroad, the line has been located, and 
 is now under construction. 
 
 This route leads directly to the Warm Springs, 37 miles from 
 Asheville, the county town of Buncombe. In regard to this 
 beautiful located and handsomely improved town, several lines 
 were traced, with reference to passing through it, yet, while the 
 distance was shortened, the cost was very materially increased; 
 we, therefore, leave the final location of this line for future 
 consideration. 
 
 For the contemplated surveys, the point of the French Broad 
 Valley, near Asheville, is common to both routes, and the lan- 
 guage of the amendment requires us to extend the line across 
 the French Broad River through the valleys of the Pigeon and 
 Tuckasegee Rivers, to the Blue Ridge Railroad on the Tennes- 
 see River, or to the Tennessee line near the Cawoneh or Duck- 
 town. 
 
 The direction of the road to the Blue Ridge Railroad being 
 so clearly defined, left us no choice, if there had even been an- 
 other route, (which there was not,) but to select the best 
 ground for a line so designated. On this part of the line the 
 greatest difficulty was supposed to be in descending, from the 
 summit of the Balsam, mountain, the slope of Scott's creek ; 
 consequently, several lines were traced, and great care obser- 
 ved in the examination. 
 
f 
 
 WESTERN NORTH-CAROLINA RAILROAD. 41 
 
 From the Tennessee Eiver to the State line, near Cawoneh 
 or Ducktown, the natural conformation of the ground had so 
 clearly defined a line as far as Murphy, that it required only an 
 instrumental examination, under the surpervision of practical 
 and scientific men, to determine its practicability; but from Mur- 
 phy to Cawoneh, more than one line may be had ; two were 
 traced, but a cheaper line may still be had by running into 
 Georgia for a short distance East of the Tennessee line, which 
 would enable us to avoid some mountain spurs, that extend 
 down to the Georgia line. 
 
 A corps under the direction of S. W. Presstman, as Princi- 
 pal Assistant Engineer, was assiduously and diligently engaged 
 during the winter and early part of the spring, notwithsanding 
 the inclemency of the weather, in making the necessary pre- 
 liminary surveys, which were completed about the 10th of 
 April, 1860. A reconnoissance of the route and an inspection 
 of the maps and profiles, at once satisfied me of its practicability. 
 
 To facilitate the progress of the location, so as to have it 
 ready for your consideration at this time, I put an additional 
 corps in the field, one party beginning at the Eastern, and the 
 other at the "Western end of the line, with instructions to lo- 
 cate towards the centre. The location has been completed, and 
 I now present you with a brief statement of the result. 
 
 For convenient reference, I shall consider this whole line with 
 the estimate thereof, under the head of the first and second 
 Sections, to-wit : the First extending from the French Broad 
 Eiver to the Blue Eidge Eailroad, on the Tennessee Eiver, 72.55 
 miles ; and the Second Section extending from the last named 
 point to the Tennessee State line, near Cawoneh" or Ducktown, 
 62.87 miles. 
 
 The location I shall describe under the heads of the first 
 and second divisions, as follows : 
 
 THE FIEST SECTION. 
 Beginning on the East bank of the French Broad, we cross 
 that river, 400 feet in width, below and near the mouth of the 
 Swannanoa, and following the West bank of the French Broad 
 
42 WESTERN NORTH-CAEOLINA EAILROAD, 
 
 for a mile, the line passes into the valley of Homminy Creek, 
 crossing the dividing ridge by a cut, fifty feet deep ; it then 
 follows the valley of Homminy Creek, one and a half miles, to 
 the mouth of Ragsdale's Creek, the course of which it pursues 
 to Chandler's ridge, on the State Koad, five* miles from the 
 French Broad, and there passes through a low gap, to the val- 
 ley of Homminy, cutting off the bend of that creek. 
 
 The low gaps, the course of the French Broad, and the val- 
 ley of Eagsdale's Creek are nearly in a straight line from the 
 crossing of the French Broad, to a point one mile west of 
 Chandler's summit. From this point, the line follows the val- 
 ley of Homminy Creek, seven miles, then passing along the side 
 hills of the valley for five miles, a gap in the Newfound moun- 
 tains is reached, 2668 feet above tide, and passes by a tunnel 
 300 feet long, to the valley of Pigeon River, seventeen miles 
 from the French Broad. Crossing the river, (which, at this 
 point, is 200 feet wide, and runs parallel to the mountain, the 
 surface of the water being only 100 feet below the summit of 
 the gap, but 600 feet above the French Broad,) the line leaves 
 the valley of Pigeon, and follows a line of low gaps, to the val- 
 ley of Pi,ichland Creek, (which is broad and straight,) and passes 
 up this valley to Waynesville, the county town of Haywood, 
 making the distance from the French Broad, 27 miles. 
 
 At the hea^l of Bichland Creek, 7 miles from Waynesville, 
 the line crosses the Balsam Mountains, to the head of Scott's 
 Creek, by a tunnel 1750 feet long, the Western portal being 
 the Western terminus of the first division, and 34.87 miles from 
 the French Broad Eiver. 
 
 There are upon this division, 1,612,778 yards of excavation, 
 of which 317,705 yards are estimated as solid rock; 2,555 feet 
 lineal of bridge superstructure, for 31 bridges, as well as two 
 tunnels, whose aggregate length is 2050 feet. 
 
 On this division, the alignment is very direct, yet, whilst we 
 have an average grade of only 53.8 feet per mile, th^re is up- 
 on it a maximum grade of 106 feet per mile, but coinciding 
 with the natural surface of the valley of Richland Creek, in its 
 approach to the Balsam Mountains, whose summit, at the gap 
 
WESTERN NORTH-CAEOLINA RAILROAD. 43 
 
 we cross, is 3,411 feet above tide, and 1435 feet above the 
 Prench Broad Eiver. 
 
 The summit grade at this point, is the greatest elevation at- 
 tained by any Kailroad in the United States. 
 
 The estimated cost of this Division for Graduation, Masonry, 
 Bridges, Iron and Superstructure complete, is $1,204,936 00, 
 (one million two hundred and four thousand, nine hundred and 
 thirty-six dollars.) 
 
 SECOND DIVISION, 
 
 The Second Division oi the First Section extending from the 
 Western portal of the Balsam tunnel to the Blue Ridge E,ail- 
 road, follows the side hills of the valley of Scott's Creek, for 14 
 miles, to the Tuckasegee River, crossing in its course, Balsam 
 Creek, North Fork of Scott's Creek, Buff Creek, and Allen's 
 mill Creek ; and passing within 3|- miles of Websier, the 
 county town of Jackson. On this part of the line, the most 
 formidable difficulties were expected ; but if we except the 
 crossing of the North Fork of Scott's Creek, which is passed 
 on a bridge 520 feet long, (the piers being 120 feet high,) the 
 line is very good, and its passage remarkable. 
 
 From the mouth of Scott's Creek, the line follows the east 
 bank of the Tuckasegee River, one mile ; then crossing the 
 river, it passes by a tunnel 850 feet long through a sharp spur 
 of the Cowee Mountains, and re-crosses the Tuckasegee to the 
 east bank, along which it continues, 15J miles, (passing within 
 two miles of Quallatown, the Cherokee settlement, and crossing 
 in its course, the Oconee Lufteh and Deep Creek,) then cross- 
 ing the Tuckasegee, ascends the dividing ridge between that 
 river and the Tennessee river, passing by a cut of forty feet to 
 the valley of Alarka, along which it passes, crossing and re- 
 crossing its meanderings, to its mouth on the Tennessee River, 
 2.25 miles below the mouth of Nantihala River ; and here con- 
 necting with the line of the Blue Ridge Railroad, in Macon 
 county, the Second Division of the First Section ends, a dis- 
 tance of 37.68 miles ; having 1,912,203 yards of excavation, of 
 which 481,417 yards are estimated as solid rock ; 21 bridges, 
 
44 WESTEEN NORTH-CAROLINA RAILROAD. 
 
 requiring 2640 feet lineal of bridge superstructure ; and six 
 tunnels, having an aggregate length of 1945 feet. 
 
 The estimated cost of this Division of the First Section, com- 
 plete, is $1,477,366 00 (one million, four hundred and seventy- 
 seven thousand, three hundred and sixty-six dollars,) making the 
 length of the First Section to the Blue Eidge Eailroad, on the 
 Tennessee Eiver, 72.55 miles; and its cost, $2,682,302 00, 
 (two million, six hundred and eighty-two thousand, threeh un- 
 and two dollars.) 
 
 THE SECOND SECTION 
 
 Extends from the right bank of the Tennessee Eiver, at the 
 mouth of Alarka Creek to the Tennessee State line, a distance 
 of 62.88 miles, and is also divided into two divisions ; the first 
 commencing at the Tennessee river, and terminating at Mur- 
 phy, Cherokee county : the second beginning at the last named 
 place, and ending at the State line. 
 
 Starting at the mouth of Alarka Creek, the line crosses the 
 Tennesssee, and connects on the left bank of the river with the 
 located line of the Blue Eidge Eailroad. 
 
 For a distance of 2| miles, to the junction of the Nantihala 
 river with the Tennessee, both lines pass over the same ground, 
 and the location must be a subject of adjustment between the 
 respective companies. 
 
 FIRST DIVISION. 
 
 Leaving the Tennessee Eiver at the mouth of the Nantihala, 
 the location follows the course of the latter river for 9 miles, 
 with light grades and moderate work, to a point from which it 
 becomes necessary to use high grades to reach the Eed Marble 
 Gap, the lowest depression in the mountain which divides the 
 waters of the Nantihala and Valley Elvers. This portion em- 
 braces the heaviest work on the Second Section, including four 
 short tunnels of 92, 181, 182, and 130 feet, respectively, in 
 length, through spurs of the mountains ; and one of 1224 feet 
 at the Eed Marble Gap, by which the line is brought to the 
 head of Valley Eiver. Two viaducts, with iron superstructure, 
 will be necessary in passing deep ravines. 
 
WESTERN NORTH-CAROLINA RAILROAD. 45 
 
 From the Eed Marble Gap, the line follows the course of 
 Valley Eiver for two miles, where, on account of the rapid and 
 irregular fall of the stream, and its tortuous course, it becomes 
 necessary to leave the river, and sustain the grade by passing 
 through a series of gaps in spurs of the mountain running 
 south of the river and parallel to it. Seven and three-quarter 
 miles from the source of the river, the line reaches the river 
 bottom, where, to a point eight miles from Murphy the loca- 
 tion follows the valley, with easy grades and alignment and 
 very moderate work. The last eight miles of this is located 
 through a range of very low gaps, affording a shorter and more 
 direct route to Murphy than could be obtained by following the 
 river. Here terminates the First Division of the Second Sec- 
 tion, which is 41.02 miles long; having 2,073,251 yards of ex- 
 cavation, of which 539,677 yards is estimated as solid rock ; 19 
 bridges, requiring 3569 feet of bridge superstructure ; 5 tun- 
 nels, whose aggregate length is 1808 feet. 
 
 The first division is estimated to cost $1,542,442, (one mil- 
 lion, five hundred and forty-two thousand, four hundred and 
 forty-two dollars.) The alignment is good, having 62.5 per cent, 
 tangent, against 37.5 per cent, of curved line. The grades are 
 easy, except in crossing the mountain at irJed Marble Gap, 
 where we use, both ascending and descending, a grade of 116 
 feet per mile, for a short distance ; although the average grade 
 on this division is only 53.8 feet per mile. 
 
 SECOND DIVISION. 
 
 The location of the Second Division of the Second Section, 
 and last of the series, extends from Murphy to the Tennessee 
 State line, and is not so well defined ; the line crossing the 
 course of several streams emptying into the Hiwassee and Not- 
 teleh Pavers, and their intervening ridges. Two routes have 
 been surveyed, one leaving Valley Eiver, at Murphy, and pass- 
 ing down the Hiwassee to the mouth of Shields' Creek, a dis- 
 tance of twelve miles, and crossing the Hiwassee at that point ; 
 thence ascending Shields' Creek, and crossing, several ridges, 
 reaches the State line at Majunkin's Creek, six miles north of 
 
46 WESTEEN NOETH-CAROLINA RAILEOAD. 
 
 Cawoneh, or Ducktown, and twenty and a quarter from Murpliy. 
 From the State line to the Ocoee Eiver, down Brush Creek, 
 there is a practicable line by which a Western connection may 
 be made. The other, or southern route surveyed, crosses Val- 
 ley and Hiwassee Elvers at Murphy, and passing along what 
 is known as the Marble lead, crosses three ridges through low 
 gaps, and reaches Notteleh Eiver by a very direct line, follow- 
 ing that stream for two miles, to the mouth of Dickens' Creek, 
 and ascending the Creek for two and a half miles, to its head, 
 the line crosses several low ridges, and reaches the Persimmon 
 Mountain, through which a tunnel of 174 feet brings the line to 
 Persimmon Creek ; ascending Persimmon Creek two and a half 
 miles to its head, apd crossing the ridges that divide Persimmon 
 Hot-house and Wolf Creeks, brings the location to the State 
 line, three miles south-east of Cawoneh, and twenty-one and 
 nine tenths miles from Murphy, This route, though less fa- 
 vorable as regards grades, than the Northern route, possesses 
 the advantage of being more favorably situated as regards con- 
 nections with lines to Georgia ; and its extension to Cleveland, 
 Tennessee, must pass through the heart of the copper mining 
 region of Ducktown. 
 
 Upon this Division there are 1,205,693 yards of excavation,, 
 of which 140,185 yards have been estimated as solid rock. Two 
 bridges, requiring 480 feet bridge structure ; and one tunnel, 
 174 feet in length. 
 
 The alignment is good, but the grades are more abrupt than 
 on the preceding Divisions, owing to the fact that we are re- 
 stricted from occupying the best ground in that direction by 
 the intervening boundary of the State of Georgia. 
 
 The estimated cost of this Division, as located, is $648,282,- 
 00, (six hundred and forty-eight thousand, two hundred and 
 eighty-two dollars.) 
 
 It may be well to remark, in relation to the character of the 
 country through which the line passes, that it is one of consid- 
 erable agricultural and very great mineral resources. The val- 
 ley of the Nantihala is a narrow one, but the lands are exceed- 
 ingly fertile, and much of the mountain land is susceptible of 
 
WESTERN NORTH-CAROLINA RAILROAD. 47 
 
 cultivation. Upon its tributary streams are bodies of rich 
 land, high natural meadows, which are very productive, as 
 there are also upon the streams emptying into the Tennessee 
 Kiver, which only require facilities of access to support a large 
 population. The valley of Valley or Koneheteh River, from a 
 point six miles from its source, is a wide one, and very produc- 
 tive : in many places, a mile or a mile and a half in width be- 
 fore reaching the hill slopes, and only requires good cultivation 
 to supply a large sui'plus of production. The same may be 
 said of the Hiwasse valley. 
 
 The mineral resources are very great. On the Nantihala 
 Hiver are found four beautiful varieties of marble ; and gran- 
 ite and limestone in abundance. On Valley Eiver, iron, gold, 
 silver, soapstone and large deposites of sienna ; but in Jack- 
 son county there are found three distinct veins of copper, a 
 short distance from our line. Near the end of the First Divi- 
 sion of the First Section, as will appear by the accompanying 
 Map, they have been but partially developed ; but enough is 
 known to satisfy those skilled in its discovery, that it is there 
 in abundance, and of good and rich quality. 
 
 From the preceding statement and description of this located 
 road, it will be seen that the distance from the French Broad 
 Eiver to the Tennessee State line, is 135.47 miles, ten miles 
 shorter than the State road, and is estimated to cost $4,873,- 
 027, (four million, eight hundred and seventy-three thousand 
 and twenty-seven dollars,) as shown by the following tabular 
 statement of the respective divisions, to-wit : 
 
 FIEST DIVISION OF FIRST SECTION. 
 
 From French Broad River to the Western Portal of Balsam Tunnel., in 
 Jackson County. Length., 34.87 miles. 
 
 For Graduation, Masonry and Bridge Superstructure, 
 10 per cent, on the above for Contingencies, 
 ^Engineering and General Superintendence; . 
 Iron, Chairs, Spikes, Cross-ties, and laying Superstruc- 
 ture, 
 
 Total cost, 
 
 809,978 18 
 80,997 82 
 35,000 00 
 
 278,960 00 
 
 $1,204,936 00 
 
48 
 
 WESTERN NORTH-CAROLINA RAILROAD. 
 
 SECOND DIVISION OF FIEST SECTION. 
 
 From the Western Portal of Balsam Tunnel to the Tennessee Rivo; in 
 Macon County. Length, 37.68 miles. 
 
 For Grraduation, Masonry and Bridge Superstructure, 
 10 per cent, on the above for Contingencies, 
 Engineering and General Superintendence, . 
 Iron, Cliairs, Spikes, Cross-ties and laying Superstruc- 
 ture, 
 
 Total Cost, 
 
 [,034,769 83 
 
 103,476 98 
 
 37,680 00 
 
 301,440 00 
 
 ,477,366 81 
 
 FIEST DIVISION OF SECOND SECTION. 
 
 From Tennessee River to Murphy, in Cherokee County. Length, 41.02 miles. 
 
 For Grraduation, Masonry and Bridge Superstructure, 
 10 per cent, on the above for Contingencies, 
 Engineering and General Superintendence,^ . 
 Iron, Chairs, Spikes, Cross-ties and laying Superstruc- 
 ture, 
 
 Total cost. 
 
 $1,066,602 00 
 
 106,660 20 
 
 41,020 00 
 
 328,160 00 
 
 $1,542,442 20 
 
 SECOND DIVISION OF SECOND SECTION. 
 
 From Murphy to Tennnessee Line, near Catvoneh, or Ducktown. Length, 
 
 21.9 miles. 
 
 For Graduation, Masonry and Bridge Superstructure, 
 10 per cent, on the above for Contingencies, . 
 Engineering and General Superintendence, 
 Iron, Chairs, Spikes, Cross-ties and laying Superstructure, 
 
 Total cost, . . . . . 
 
 $410,166 20 
 
 41,016 62 
 
 21,900 00 
 
 175,200 00 
 
 $648,282 82 
 
WESTERN NORTH-CAROLINA R4ILROAD. 
 
 49 
 
 ESTIMATE 
 
 Of the cost of limited Equipment for the Western North Carolina Rail- 
 road, from AsheviUe to the Tennessee Line, near Cawoneh, or Ducldown, 
 13.5i miles. 
 
 Eepair Shops and Warehouses at termini, 
 
 10 Locomotives at $9,500, . 
 
 8 Passenger Cars at $2,500, . 
 
 4 Baggage Cars at $1,600, . 
 
 370 Freight Cars at $650, 
 
 40 Gravel Cars at $500, 
 
 Warehouse, Wood and Water Stations, 
 
 Total cost. 
 
 $100,000 00 
 95,000 00 
 20,000 00 
 6,400 00 
 175,500 00 
 20,000 00 
 40,500 00 
 
 $457,400 00 
 
 SUMMARY 
 
 Of the cost of the Western North Carolina Railroad, from Asheville, or 
 mouth of Sioannona River, to the Tennessee State Line, near Cawoneh 
 or Ducktown. Distance, 135.47 miles. 
 
 
 LENG H 
 IN MILES. 
 
 
 1st. Division of 1st. Section, 
 
 2d (c u u ... 
 
 1st. " of 2d. " '.".". 
 2d. " " " . . . . 
 
 34.87 
 
 37.68 
 41.92 
 21.90 
 
 $1,204,936 00 
 1,477,366 81 
 1,542,442 20 
 
 648,282 82 
 
 Total, ...... 
 
 135.47 
 
 $4,873,027 83 
 
 Cost per mile, $35,971 27. 
 Total cost of Graduation and Construction for 135i miles, $4,873,027 83 
 Cost of Equipment, 457,400 00 
 
 Total cost. 
 
 ),330,427 83 
 
50 WESTERN NORTH-CAROLINA RAILROAD. 
 
 Thus it is shown that 135 J miles of road cost $4,873,027.00; 
 but by reference to the Maps of survey herewith accompanying 
 this report, it will be seen that the line from Asheville to 
 Cawoneh or Ducktown is very direct ; and that by running 
 down the Tuckasegee to its junction with the Tennessee, we 
 could have increased the distance without perhaps materially 
 increasing the cost ; so that whilst the line as located, cost 
 $35,971 per mile, it might have been so located as to cost only 
 $33,600 per mile, and then not make the distance greater than 
 by the State road. 
 
 It may not be improper here to remark that the very liberal 
 allowance for rock throughout the whole line has very materi- 
 ally increased the estimate over what we have good reason to 
 believe it will turn out upon construction ; but believing it 
 always better to present the dark as well as the bright side of 
 the subject, the estimate provides for the worst possible con- 
 tingencies, not only in regard to quality of material, but the 
 quantities and their prices. The cost of this line of 135| miles 
 of road being $35,971 per mile, may be alarming to some ; yet, 
 let us compare its cost with that of other roads in our sister 
 States, which have either been built, or are now being built. 
 
 The Virginia and Kentucky Kailroad, of 131| miles is esti- 
 mated to cost $38,000 per mile. The Blue Eidge Railroad of 
 195 miles, $39,613 per mile ; whilst the Covington and Ohio 
 Railroad, 221 miles, now under construction, will cost $47,000 
 per mile. If the construction of these roads will justify this 
 expenditure, will not a great national line of travel, and the 
 development of such a country, warrant the construction of 
 this road at the estimated cost ? 
 
 The portion of the State situated "West of the Blue Ridge, 
 is larger than some of the States of this Union ; it is properly 
 the New England of the South — a soil more fertile, productions 
 of the soil the same, mineral productions far superior ; water 
 power for manufacturing purposes equal, if not superior ; a 
 climate more salubrious, because free from the evil effects of 
 extremes of heat and cold. 
 
 Shall a country with such remarkable characteristics remain 
 
WESTERN NORTH-CAEOLINA EAILROAD. 51 
 
 in a state of nature, and go undeveloped for want of a railroad ? 
 
 At the western terminus of this line is situated the mining 
 district of Ducktown, at present cut off from railway facilities, 
 but containing a population of over four thousand inhabitants. 
 The yield from these mines in one year was 29,000 tons of 
 copper ore, worth in the New York market, $1,218,000. 
 
 The cost of transportation of these vast quantities, together 
 with the supplies rendered necessary for their production, is an 
 item of no small magnitude. An intelligent captain of one of 
 the mines gave me satisfactory reasons why this product would 
 be most likely to pass over our road ; but should the mines of 
 Jackson county yield as abundantly as is expected their devel- 
 opment will prove, these vast quantities will certainly seek a 
 market over this road. Then, besides the enhanced value of 
 property in this pent up region of our State, the advantages in 
 distance and location over competing routes, will ensure to this 
 road a full share of the travel from the West, whilst it gives 
 us the whole South-western travel, which, with the transporta- 
 tion of the mails, promises fairly to bring a revenue, not only 
 to the stockholders, but the State. 
 
 GEADES. 
 
 An inspection of the profile of our location discloses the fact, 
 that we have adopted as a maximum grade for crossing the 
 mountains, 116 feet per mile ; and lest some of the uninformed 
 upon this subject may question its propriety, I will state that, 
 without going into a studied disquisition on the subject, experi- 
 ence, that grand regulator of the improvements of the age, 
 justifies its adoption. The evidence of this is found in the 
 working of some of the great lines of railways connecting the 
 Atlantic cities with the fruitful valleys of the West. The 
 Baltimore and Ohio Eailroad has this grade for twenty con- 
 secutive miles, over which they successfully travel, with both 
 freight and passenger trains. 
 
 In Europe, many of the roads have still heavier grades, 
 ranging from 117 to 142 feet per mile, as found on the Birming- 
 ham and Gloucester Kailway. On the East Lancashire Eail- 
 4 
 
52 WESTERN NORTH-CAROLINA RAILROAD. 
 
 road, the grade is 126.9 feet per mile, yet, upon it a passenger 
 train runs at nearly twenty miles per hour. I therefore, feel 
 very confident that in the adoption of this grade, with the 
 improvements that have been made, and are still being made, 
 in the Locomotive and other rolling stock, that it is the best 
 economy. 
 
 It may be well here to state, that although the road is only 
 located to the Tennessee line, near Cawoneh, it is yet 45 miles 
 from Railroad connection, but I am able to inform you of the 
 gratifying fact, that for the link still remaining to connect us 
 with the Georgia and Tennessee Eailroad at Cleveland, Ten- 
 nessee, a charter has been obtained, a company formed to build 
 the road, and under the authority of T. H. Calloway, Esq., as 
 President of the Company, I now have a corps of Engineers 
 engaged in the field, making the necessary surveys for its con- 
 struction. This done, we have a direct and continuous road of 
 1036 miles to Little Rock, Arkansas, from Portsmouth, 
 Virginia. So much for our Western connections, but this is 
 only the beginning of the end; observe the Map, and you will 
 see this is only the commencement of this great national high- 
 way, which is 2499 miles in length, and presents nearly an air 
 line from Portsmouth, on the Atlantic, to San Diego, on the 
 Pacific. Then, is it more improbable that this whole line should 
 be completed through to San Diego, during the present genera- 
 tion, than that within the last 24 years, the 789 miles already 
 built, and now in operation, should have been built, for, gentle- 
 men, let me tell you, I witnessed in 1828, now 32 years ago, 
 the laying of the corner stone of the great Baltimore and Ohio 
 Railroad. There were then, not more than three miles of 
 Railroad in the United States, but now that road of 379 miles 
 has been completed, and there are now in the Union about 
 30,000 miles of Railroad built and in operation. 
 
 But, again, we shall also be in direct communication with 
 Mobile, Pensacola, New Orleans, and the intervening cities, by 
 the construction of the road now projected from Ducktown to 
 Dalton, connecting by the Dalton and Jacksonville Railroad, 
 now in progress, and I am authorized to say, that connection 
 will be made. 
 
WESTERN NORTH-CAROLINA RAILROAD. 
 
 53 
 
 On inspection of the Map, carefully compiled from actual 
 surveys, and the best railroad information to be had, which 
 affords me great pleasure to present, exhibits the fact, that we 
 have the shortest and most direct route, in the line of travel 
 from the South-west, as will more fully appear from the accom- 
 panying Table of Distances : 
 
 TABLE OF DISTANCES 
 
 From Memphis, Tennessee, to Norfolk, Virginia, via Western North Caro- 
 lina Railroad and connections. 
 
 STATIONS. 
 
 INTERMEDIATE. 
 
 TOTAL MILES. 
 
 From Memphis to 
 
 
 
 Chattanooga, Tennessee, 
 
 309 
 
 309 
 
 Cleveland, Tennessee, .... 
 
 28 
 
 337 
 
 State Line, . . _ . 
 Ashevi^e, North Carolina, . 
 
 42 
 
 379 
 
 135 
 
 514 
 
 Salisbury, North Carolina, 
 
 138 
 
 652 
 
 Strayhorn's, N. C, via Henderson, 
 
 97 
 
 749 
 
 Weldon, via Ridgeway, N. C, 
 
 87 
 
 836 
 
 Norfolk, Virginia, .... 
 
 80 
 
 916 
 
 TABLE OF DISTANCES 
 
 From Memphis, Tennessee, to Norfolk, Virginia, via Morristown and Ashe- 
 ville, French Broad Railroad and connections. 
 
 STATIONS. 
 
 INTERMEDIATE. 
 
 TOTAL MILES. 
 
 From Memphis to 
 
 
 
 Cleveland, Tennessee, . . • . 
 
 337 
 
 387 
 
 Knoxville, Tennessee, .... 
 
 83 
 
 420 
 
 Morristown, Tennessee, .... 
 
 41 
 
 461 
 
 Asheville, North Carolina, . 
 
 90 
 
 551 
 
 Norfolk, Virginia, . ; . . . 
 
 402 
 
 953 
 
54 
 
 WESTERN NORTH-CAROLINA RAILROAD. 
 
 TABLE OF DISTANCES 
 
 From Memphis, Tennessee, to Norfolk, Virginia, via Virginia and Tennes- 
 see Railroad and connections. 
 
 STATIONS. 
 
 INTERMEDIATE. 
 
 TOTAL MILES. 
 
 Fro7n Memphis to 
 
 Cleveland, Tennessee, .... 
 Knoxville, Tennessee, .... 
 
 Bristol, Tennessee, 
 
 Lynchburg, Virginia, .... 
 
 Petersburg, 
 
 Norfolk, Virgnia, .... 
 
 337 
 
 83 
 130 
 204 
 123 
 
 80 
 
 337 
 
 420 
 550 
 780 
 877 
 957 
 
 TABLE OF DISTANCES 
 
 Fro7n New Orleans to Norfolk, via Weatern North Carolina Railroad and 
 
 connections. 
 
 From New Orleans to 
 
 Mobile, .... 
 
 Selma, 
 
 Pensacola, 
 
 Jacksonville, 
 
 Dalton 
 
 State Line, near Ducktown, 
 Norfolk, .... 
 
 INTERMEDIATE. TOTAL MILES. 
 
 139 
 
 139 
 
 1.50 
 
 289 
 
 1.50 
 
 
 144 
 
 433 
 
 88 
 
 521 
 
 33 
 
 554 
 
 537 
 
 1091 
 
 I trust I shall not be considered as being too extravagant in 
 language, when I say that such a line of railroad as this survey- 
 has disclosed, is perhaps amongst the remarkable things of the 
 age ; for towering amongst the mountain ranges through which 
 this line passes, are some of the highest peaks east of the 
 Rocky Mountains. Nature has done much towards marking 
 ■out this great highway, for, although we pass four distinct 
 ranges of mountains, to-wit: the Newfound, Balsam, Cowee, 
 and the Nantihala, and have fourteen tunnels, in all, we require 
 •only 5,977 feet of subterraneous road. 
 
 This land-locked region, now far remote from the shrill 
 whistle of the locomotive, is not only beautifully diversified 
 
WESTERN NORTH-CAROLINA RAILROAD. 55 
 
 with hill-toiDS and mountain glens, but its valleys, its liill sides 
 and mountain tops, are rich and productive, whilst the thou- 
 sand streams gurgling from the mountain sides, in their united 
 volume roll rapidly down, thus affording for themselves as well 
 as the rivers they contribute to swell, a sufficient amount of 
 water-power for immense manufacturing purposes. Added to all 
 this, the salubrity of the climate and the generaHiealthfulness 
 of the whole country, would, when facilities of access are 
 opened up, render these mountain fastnessess, glens and hill 
 tops most desirable summer retreats from the malaria and 
 scorching sun of the low country. 
 
 Between the road to Cawoneh and that to Paint Eock, the 
 difference in cost is greatly in favor of the Paint Eock line; 
 for the distance to the Tennessee line at Paint Eock, is only 
 one-third of that from Asheville to Cawoneh. The Caw- 
 oneh line, however, passes 90 miles further through North 
 Carolina territory, and developes more of its resources; yet, 
 whilst it would cost less to the State or Company to build the 
 main trunk of the road to Paint Eock, rather than to Cawoneh, 
 it would not accomplish the purpose designed by the friends of 
 this improvement, nor make the most direct connection between 
 I common points, and thereby fail to secure through travel, the 
 I source of the greatest revenue to the road. The route by Paint 
 ■■ Eock to Cleveland, is 37 miles longer than by Cawoneh, and 
 the travel over the present route, would not probably leave it 
 for a longer road. 
 
 Then, for the reason that the Cawoneh route developes a 
 large section of the State, rich in agricultural and mineral 
 resources, saving 37 miles over the Paint Eock Hne, and 42 
 miles over any other line; making nearly an air-line from Nor- 
 folk to Memphis, and an important link in a direct line of 
 Eailroad from the Atlantic "to the Pacific, as well as securing 
 by its Southern connections from Cawoneh, the travel from the 
 cities of Mobile, Pensacola, New Orleans and the whole South- 
 west, it is, in my opinion, not only the interest of this Com- 
 pany, but of the State to adopt the Cawoneh line. 
 
 And, now in conclusion, permit me to add that to the zeal, 
 
56 WESTEEN NORTH-CAROLINA RAILROAD. 
 
 fidelity, industry and intelligence of Mr. S. W. Prestman and 
 B. H. Lee, as Principal Assistant Engineers, as well as the 
 young gentlemen associated with them, in conducting these sur- 
 veys, I am greatly indebted. 
 
 I have the honor to be, gentlemen, 
 
 Very respectfully your obed't serv't, 
 
 JAMES 0. TUENER, 
 Chief Engineer W. N. C. B. JR. 
 
WESTERN NORTH-CAROLINA RAILROAD. 
 
 57 
 
 TABLE 
 
 Of Bridges, Viaducts and Arch Culverts on the First Division of the First 
 Section, from the French Broad River to the Western Portal of Balsam 
 Tunnel, Jackson County. 
 
 
 <u 6 
 
 a e.~ 
 cS S > 
 
 Character 
 
 
 .a 
 _fcp 
 
 
 Name of Stream. 
 
 
 of 
 
 
 
 
 
 Structure. 
 
 Ft. 
 
 423 
 
 Ft. 
 
 
 
 Miles. 
 
 c S' 
 
 French Broad River, 
 
 0.00 
 
 Wooden Truss, 
 
 23 
 
 3 of 103 
 
 Branch French Broad No. 1, 
 
 1.65 
 
 Arch Culvert, 
 
 118 
 
 
 1 of 6 
 
 "_ No. 2, 
 
 2.01 
 
 a 
 
 109 
 
 
 1 of 8 
 
 1st Crossing Hominy Creek, 
 
 2.21 
 
 Stone Viaduct, 
 
 175 
 
 42 
 
 2 of 50 
 
 2nd " " " 
 
 2.86 
 
 Wooden Truss, 
 
 112 
 
 20 
 
 1 of 75 
 
 1st " Ragsdale Creek, 
 
 4.13 
 
 Arch Culvert, 
 
 19 
 
 
 1 of 8 
 
 2nd 
 
 4.32 
 
 li 
 
 25 
 
 
 1 of 8 
 
 3d " " " 
 
 4.60 
 
 n 
 
 28 
 
 
 1 of 8 
 
 3d " Hominy Creek, 
 
 5.29 
 
 Stone Viaduct, 
 
 127 
 
 30 
 
 I of 60 
 
 4th 
 
 5.93 
 
 Trussed Girder, 
 
 72 
 
 13 
 
 1 of 100 
 
 5th 
 
 6.69 
 
 Wooden Truss, 
 
 148 
 
 21 
 
 1 of 60 
 
 6th " 
 
 6.80 
 
 Trussed Girder, 
 
 92 
 
 24 
 
 1 of 20 
 
 Pole Creek 
 
 7.36 
 
 Girder, 
 
 48 
 
 18 
 
 lof 60 
 
 7th Crossing Hominy Creek, 
 
 7.60 
 
 Trussed Girder, 
 
 98 
 
 22 
 
 1 of 60 
 
 8th " " " 
 
 7.79 
 
 u 
 
 101 
 
 21 
 
 1 of 6 
 
 Branch of Hominy No. 1, . 
 
 7.98 
 
 Arch Culvert, 
 
 55 
 
 
 1 of 50 
 
 9th Crossing Hominy Creek, 
 
 8.66 
 
 Trussed Girder, 
 
 95 
 
 21 
 
 1 of 50 
 
 10th " 
 
 8.83 
 
 u 
 
 78 
 
 24 
 
 1 of 50 
 
 11th •' * 
 
 8.94 
 
 11 
 
 78 
 
 12 
 
 1 of 50 
 
 12th " " " 
 
 9.04 
 
 11 
 
 62 
 
 11 
 
 1 of 50 
 
 13th " 
 
 9.45 
 
 11 
 
 78 
 
 17 
 
 1 of 50 
 
 14th " 
 
 10.38 
 
 1 1 
 
 62 
 
 10 
 
 lof 75 
 
 15th " 
 
 10.76 
 
 11 
 
 62 
 
 11 
 
 1 of 50 
 
 16th " 
 
 11.15 
 
 Wooden Truss, 
 
 119 
 
 17 
 
 1 of 50 
 
 17th " 
 
 11.35 
 
 Trussed Girder, 
 
 94 
 
 10 
 
 1 of 50 
 
 18th " 
 
 11.48 
 
 11 ' 
 
 78 
 
 13 
 
 1 of 50 
 
 Branch of Hominy No. 2, , 
 
 11.69 
 
 Arch Culvert, 
 
 28 
 
 
 1 of 6 
 
 19th Crossing Hominy Creek, 
 
 12.26 
 
 Trussed Girder, 
 
 76 
 
 17 
 
 1 of 50 
 
 20th " " " 
 
 12.39 
 
 11 
 
 80 
 
 18 
 
 1 of 50 
 
 21st " " " 
 
 12.65 
 
 u 
 
 134 
 
 12 
 
 2 of 50 
 
 22d " " " 
 
 12.79 
 
 11 
 
 87 
 
 17 
 
 1 of 50 
 
 23d 
 
 12.98 
 
 11 
 
 86 
 
 18 
 
 1 of 50 
 
 24th " " " 
 
 13.09 
 
 (1 
 
 78 
 
 13 
 
 1 (5f 50 
 
 Mill Creek, . 
 
 15.42 
 
 Wooden Truss, 
 
 405 
 
 84 
 
 2 of 160 
 
 Pigeon River, 
 
 16.95 
 
 11 ' 
 
 268 
 
 22 
 
 2 of 125 
 
 Patton's Branch, . 
 
 19.30 
 
 Arch Culvert, 
 
 58 
 
 29 
 
 1 of 10 
 
 Branch of Pigeon No. 1, . 
 
 26.86 
 
 Girder, 
 
 42 
 
 16 
 
 lof 10 
 
 " No. 2, 
 
 21.25 
 
 u 
 
 44 
 
 16 
 
 1 of 12 
 
 Coon Creek, 
 
 24.93 
 
 Stone Viaduct, 
 
 130 
 
 30 
 
 1 of 50 
 
 1st Crossing Richland Creek, 
 
 2d " " " 
 
 25.29 
 25.44 
 
 Trussed Girder, 
 
 11 ' 
 
 106 
 92 
 
 21 
 11 
 
 lof 50 
 1 of 50 
 
 3d " " " 
 
 28.28 
 
 Girder, 
 
 35 
 
 5 
 
 1 of 20 
 
 Ailen's Branch, 
 
 28.83 
 
 11 ' 
 
 35 
 
 5 
 
 1 of 20 
 
 Branch of Richland, . 
 
 31.10 
 
 Arch Culvert, 
 
 84 
 
 34 
 
 lof 6 
 
58 
 
 WESTERN NOETH-CAROLINA EAILROAD. 
 
 TABLE 
 
 Of Bridges, Viaducts and Arch Culverts on the Second Division of the 
 First Section, from the Western Portal of Balsam Tunnel, to the Ten- 
 nessee River, Macon County. 
 
 Name of Stream. 
 
 Balsam Creek, 
 
 North Fork, 
 
 Buff Creek, . 
 
 1st Crossing Scott's Creek, 
 
 Allen's Mill Creek, . 
 
 Branch of Scott's Creek, 
 
 2d Crossing Scott's Creek, 
 
 2d 
 
 1st " Tuckasegee River, 
 
 2d '.' " " 
 
 Camp Creek, . 
 
 Branch of Tuckasegee No. 1, 
 
 No. 2, 
 Oconee Lufteh, . 
 Branch of Tuckasegee No. 3, 
 
 No. 4, 
 Deep Creek, .... 
 3d Crossing Tuckasegee River, 
 Branch of Tuckaseeee No. 5, 
 
 " of Alarka Creek, 
 1st Crossing Alarka Creek, 
 
 2d 
 
 3d 
 
 4th 
 
 5th 
 
 6th 
 
 7th 
 
 8th 
 
 9th 
 
 10th 
 
 11th 
 
 12th 
 
 13th 
 
 2S- 
 
 Miles. 
 
 35.59 
 
 39.25 
 
 40.50 
 41.40 
 40.17 
 43.26 
 45.15 
 46.69 
 48.26 
 48.64 
 54.40 
 54.83 
 56.78 
 58.51 
 59.20 
 59.86 
 63.10 
 63.56 
 65.10 
 67.00 
 67.71 
 67.88 
 69.01 
 69.43 
 69.55 
 69.78 
 69.89 
 69.89 
 70.44 
 70.57 
 70.92 
 71.10 
 71.00 
 
 Character 
 
 of 
 Structure. 
 
 Arch Culvert, 
 Wooden Truss, 
 Arch Culvert, 
 
 u 
 
 Girder, 
 Arch Culvert, 
 Wooden Truss, 
 Trussed Girder, 
 
 Wooden Truss, 
 
 I. 
 
 Girder, 
 
 Arch Culvert, 
 
 (( 
 
 Wooden Truss, 
 Girder, 
 Arch Culvert, 
 Wooden Truss, 
 
 Girder, 
 
 Stone Viaduct, 
 
 Wooden Truss, 
 
 Stone Viaduct, 
 
 u 
 
 Wooden Truss, 
 Trussed Girder, 
 
 to 
 a 
 m 
 
 1 
 
 Ft. 
 
 Ft. 
 
 208 
 
 
 646 
 
 190 
 
 120 
 
 
 43 
 
 
 78 
 
 20 
 
 28 
 
 
 150 
 
 14 
 
 98 
 
 21 
 
 306 
 
 28 
 
 313 
 
 51 
 
 42 
 
 12 
 
 28 
 
 
 22 
 
 
 204 
 
 24 
 
 30 
 
 8 
 
 37 
 
 
 128 
 
 18 
 
 338 
 
 19 
 
 36 
 
 10 
 
 11 
 
 5 
 
 122 
 
 22 
 
 130 
 
 32 
 
 130 
 
 32 
 
 162 
 
 39 
 
 170 
 
 42 
 
 192 
 
 53 
 
 192 
 
 50 
 
 167 
 
 45 
 
 208 
 
 37 
 
 123 
 
 32 
 
 170 
 
 46 
 
 172 
 
 44 
 
 92 
 
 20 1 
 
 03 Ecj 
 • 60 
 
 lof 6 
 
 1 of 200 
 
 2 of 160 
 1 of 15 
 1 of 10 
 1 of 20 
 1 of 6 
 1 of 120 
 1 of 50 
 
 1 of 120 
 
 2 of 100 
 1 of 10 
 lof 6 
 1 of 8 
 1 of 150 
 1 of 10 
 1 of 10 
 
 1 of 100 
 
 2 of 150 
 1 of 10 
 lof 
 lof 
 lof 
 lof 
 lof 
 lof 
 1 of 100 
 1 of 100 
 1 of 100. 
 1 of 100 
 4 of 50 
 1 of 50 
 1 of 100 
 1 of 50 
 
 6 
 50 
 50 
 50 
 50 
 50 
 
WESTERN NOETH-CAROLINA RAILROAD. 
 
 59 
 
 TABLE 
 
 Of Bridges^ Viaducts and Arch Culverts on the First Division of the Sec- 
 ond Section, from the Tennessee River to Murphy, in Cherokee County. 
 
 Name of Stream. 
 
 1st Crossing Tennessee River, 
 
 3d " " 
 
 Siler's Branch, 
 
 1st Crossing Nantihala River, 
 
 9 J u J ; < t 
 
 3d 
 
 Master Hollow, . 
 
 Jarrett's Creek, 
 
 North Fork of Valley River, 
 
 Junaluskee Creek, 
 
 Francis' Creek, 
 
 1st Crossing of Valley River, 
 
 Morris' Creek, . 
 
 Welch's Creek, 
 
 2d Crossing Valley River, . 
 
 3d 
 
 4th " " " 
 
 Vengeance Creek, . 
 
 5th Crossing Valley River, 
 
 Colbert's Creek, 
 
 Miles. 
 
 72.55 
 72.91 
 
 73.31 
 
 73.86 
 76.90 
 77.83 
 77.96 
 
 85.03 
 
 85.45 
 
 89.57 
 
 95.62 
 
 96.67 
 
 98.69 
 
 100.48 
 
 101.34 
 
 101.89 
 
 102.23 
 
 102.42 
 
 103.44 
 
 104.50 
 
 106.58 
 
 Character 
 
 of 
 Structure. 
 
 Wooden Truss, 
 
 Arch Culvert, 
 Wooden Truss, 
 
 Iron Truss, 
 
 Wooden Truss, 
 Arch Culvert, 
 Girder, 
 
 Wooden Truss, 
 Grirder, 
 
 Wooden Truss, 
 
 Girder, 
 
 Wooden Truss, 
 Girder, 
 
 a 
 
 
 Ft. 
 
 Ft. 
 
 400 
 
 28 
 
 454 
 
 24 
 
 454 
 
 19 
 
 34 
 
 
 352 
 
 13 
 
 172 
 
 23 
 
 157 
 
 15 
 
 420 
 
 163 
 
 400 
 
 98 
 
 70 
 
 
 58 
 
 16 
 
 63 
 
 17 
 
 192 
 
 16 
 
 28 
 
 8 
 
 28 
 
 8 
 
 190 
 
 19 
 
 163 
 
 19 
 
 234 
 
 20 
 
 76 
 
 20 
 
 175 
 
 23 
 
 51 
 
 14 
 
 ft ^ 
 
 3 of 125 
 
 1 of 150) 
 
 2 of 125 ) 
 
 1 of 150) 
 
 2 of 125 j 
 lof 6 
 5 of 60 
 1 of 125 
 1 of 125 
 
 1 of 168) 
 
 2of96H 
 
 2 of 157 
 lof 8 
 
 lof 
 lof 
 3 of 
 lof 
 lof 
 1 of 150 
 
 1 of 125 
 
 2 of 100 
 lof 15 
 1 of 125 
 lof 15 
 
60 
 
 WESTERN NORTH-CAROLINA RAILROAD. 
 
 TABLE 
 
 Of Bridges^ Viaducts and Arch Cidverts on the Second Division of the 
 Second Section, from Murphy to the Tennessee State line, near Oawoneh 
 or Duchtown. 
 
 
 g i 
 
 
 .a 
 
 
 m Q 
 
 a (o 
 
 
 S 2r 
 
 
 
 
 c3 Ea 
 
 
 |og 
 
 Character 
 
 s 
 
 .Sf 
 
 ^ ^ 
 
 Name of Stream. 
 
 ■"■^"S 
 
 of 
 
 vA 
 
 w 
 
 =" S'rt 
 
 
 ft < 
 
 Structure. 
 
 o =^5 
 
 
 Miles. 
 
 
 Ft. 
 
 Ft. 
 36 
 
 
 6th Crossing Valley River, 
 
 111.94 
 
 Stone Viaduct, 
 
 199 
 
 2 of 60 
 
 Hiwasgee River, 
 
 112.15 
 
 Wooden Truss, 
 
 398 
 
 48 
 
 2 of 150 
 
 Roland's Mill Creek, . 
 
 114.94 
 
 Arch Culvert, 
 
 91 
 
 
 1 of 10 
 
 Notteleh River, 
 
 119.48 
 
 Wooden Truss, 
 
 194 
 
 22 
 
 1 of 150 
 
 Branch of Notteleh, . 
 
 126.28 
 
 Arch Culvert, 
 
 118 
 
 
 1 of 8 
 
 Persimmon Creek, . 
 
 125.65 
 
 (( 
 
 36 
 
 
 1 of 15 
 
 1st Crossing Wolf Creek, 
 
 129.48 
 
 u 
 
 99 
 
 
 1 of 15 
 
 2d 
 
 133.87 
 
 u 
 
 136 
 
 
 1 of 10 
 
WESTEEN NORTH-CAROLINA RAILROAD. 
 
 61 
 
 GRADES 
 
 On the First Division of the First Section, from the French Broad River, 
 to Westei-n Portal of Balsam Tunnel, Jackson County. 
 
 
 FEET. 
 
 MILES. 
 
 Length of Division, 
 
 184,100 
 
 34.87 
 
 Length of Level Grade, 
 
 21,900 
 
 4.148 
 
 Length of Grades Ascending Westward : 
 
 
 
 From to 10 feet per mile, 
 
 3,000 
 
 05.68 
 
 10 to 20 . . . 
 
 2,700 
 
 0.512 
 
 20 to 30 
 
 6,100 
 
 1.156 
 
 30 to 40 
 
 13,300 
 
 2.519 
 
 40 to 50 
 
 8,300 
 
 1.573 
 
 50 to 60 
 
 10,700 
 
 2.023 
 
 60 to 70 
 
 19,300 
 
 3.656 
 
 70 to 80 
 
 20,200 
 
 3.826 
 
 80 to 90 
 
 14,000 
 
 2.652 
 
 90 to 100 
 
 11,300 
 
 2.140 
 
 100 to 116 
 
 16,200 
 
 3.068 
 
 Total Ascent, 1454 feet, 
 
 125,100 
 
 23.693 
 
 Length of Grades Descending Westward : 
 
 
 
 From to 10 feet per mile. 
 
 
 
 10 to 20 
 
 20 to 30 
 
 7,100 
 
 1.345 
 
 30 to 40 
 
 
 
 • 40 to 50 
 
 2,500 
 
 0.473 
 
 50 to 60 
 
 3,000 
 
 0.568 
 
 60 to 70 
 
 2,200 
 
 0.417 
 
 70 to 80 
 
 5,900 
 
 1.117 
 
 80 to 90 
 
 10,500 
 
 1.989 
 
 90 to 100 
 
 
 
 100 to 116 
 
 5,904 
 
 1.120 
 
 Total Descent, 419 feet, 
 
 37,104 
 
 7.029 
 
 Sum of Ascent and Descent, 1873 feet. 
 Average Grade per mile, 53 8-10 feet. 
 Curvature, 2,382 degrees, 4 minutes. 
 
62 
 
 WESTEEN NORTH-CAEOLINA RAILROAD. 
 
 GRADES 
 
 On the Second Division of the First Section, from the Western Portal of 
 Balsam Tunnel, to Tennessee River, Ma£on Cottnty. 
 
 
 FEET. 
 
 MILES. 
 
 Length of Division, 
 
 199,000 
 
 37.68 
 
 Length of Level Grrade, 
 
 22,200 
 
 4.203 
 
 Length of Gri-ades Ascending Westward : 
 
 
 
 From to 10 feet per mile, 
 
 2,600 
 
 0.493 
 
 10 to 20 . ... 
 
 5,000 
 
 0.946 
 
 20 to 30 
 
 4,000 
 
 0.758 
 
 30 to 40 
 
 3,200 
 
 0.606 
 
 40 to 50 
 
 
 
 50 to 60 
 
 2,000 
 
 0.379 
 
 60 to 70 
 
 
 
 70 to 80 
 
 4,000 
 
 0.758 
 
 80 to 90 
 
 3,300 
 
 0.625 
 
 90 to 100 
 
 
 
 100 to 116 
 
 6,800 
 
 1.288 
 
 Total Ascent, 244 feet, .... 
 
 30,900 
 
 5.663 
 
 Length of Grades Descending Westward : 
 
 
 
 From to 10 feet per mile. 
 
 17,900 
 
 3.390 
 
 10 to 20 
 
 7,700 
 
 1.458 
 
 20 to 30 . . 
 
 21,700 
 
 4.110 
 
 30 to 40 
 
 7,600 
 
 1.439 
 
 40 to 50 . 
 
 11,300 
 
 2.140 
 
 50 to 60 
 
 14,200 
 
 2.689 
 
 60 to 70 
 
 7,200 
 
 1.364 
 
 70 to 80 
 
 
 
 80 to 90 
 
 4,800 
 
 0.909 
 
 90 to 100 
 
 8,500 
 
 1.610 
 
 100 to 116 
 
 45,000 
 
 8.685 
 
 Total Descent, 1,780 feet. 
 
 145,000 
 
 27.814 
 
 Sum of Ascent and Descent, 2,024 feet. 
 Average Grade per mile, 53.8 feet. 
 Curvatm'e, 5,161 degrees, 48 minutes. 
 
WESTERN NORTH-CAROLINA RAILROAD. 
 
 63 
 
 GRADES 
 
 On the First Dirnsion, of the Second Section, frotn the Tennessee River to 
 Murphy, Cherokee County. 
 
 , 
 
 FEET. 
 
 Mir,£S. 
 
 Length of Division, 
 
 216,600 
 
 41.018 
 
 Length of Level Grade, 
 
 17,600 
 
 3.333 
 
 Length of Grades Ascending Westward : 
 
 
 
 From to 10 feet per mile, 
 
 7,100 
 
 ] . 345 
 
 10 to 20 
 
 1,900 
 
 0.360 
 
 20 to 30 
 
 14,400 
 
 2.727 
 
 30 to 40 . . 
 
 25,000 
 
 4.735 
 
 40 to 50 
 
 
 
 50to 60 
 
 
 
 60 to 70 
 
 8,500 
 
 1.610 
 
 70 to 80 
 
 2,500 
 
 0.473 
 
 80 to 90 
 
 15,700 
 
 2.969 
 
 90 to 100 
 
 
 
 100 to 116 
 
 23,600 
 
 4.469 
 
 Total Ascent, 1,153 feet, 
 
 98,700 
 
 18.688 
 
 Length of Grades Descending Westward : 
 
 
 
 From to 10 feet per mile, 
 
 
 
 10 to 20 
 
 9,900 
 
 1,875 
 
 20 to 30 
 
 19,900 
 
 3.767 
 
 30 to 40 
 
 5,700 
 
 1.082 
 
 40 to 50 
 
 7,800 
 
 1.479 
 
 50 to 60 
 
 2,500 
 
 0.473 
 
 60 to 70 
 
 4,000 
 
 0.758 
 
 70 to 80 
 
 19,900 
 
 3.767 
 
 SO to 90 . . . 
 
 7,600 
 
 1.440 
 
 90 to 100 
 
 
 
 100 to 116 . . 
 
 23,000 
 
 4.356 
 
 Total Descent, 1,055 feet. 
 
 100,300 
 
 18.997 
 
 Sum of Ascent and Descent, 2,207 feet. 
 Average Grade per mile, 53 8-10 feet. 
 Curvature, 4,102 degrees, 39 minutes. 
 
64 
 
 WESTERN NOETH-CAROLINA EAILROAD. 
 
 GE ADES 
 
 On the Second Division of the Second Section, from Muri^hy to Tennessee 
 State Line, near Cawoneh or Duchtown. 
 
 
 FEET. 
 
 MILES. 
 
 Length of Division, 
 
 115,643 
 
 21.90 
 
 Length of Level Grade, • . 
 
 11,630 
 
 2.203 
 
 Length of Grades Ascending Westward : 
 
 
 
 From to 10 feet per mile, 
 
 4,200 
 
 0.796 
 
 10 to 20 
 
 
 
 20 to 30 
 
 
 
 30 to 40 
 
 
 
 40 to 50 
 
 
 
 50 to 60 
 
 2,100 
 
 0.398 
 
 60 to 70 . 
 
 2,800 
 
 0.530 
 
 70 to 80 
 
 9,800 
 
 1.856 
 
 80 to 90 
 
 8,943 
 
 1.694 
 
 90 to 100 
 
 13,200 
 
 2.500 
 
 100 to 116 .... . 
 
 20,070 
 
 3.801 
 
 Total Ascent, 998 feet, .... 
 
 61,113 
 
 11.575 
 
 Length of Grades Descending "Westward : 
 
 
 
 From to 10 feet per mile. 
 
 
 
 10 to 20 
 
 2,900 
 
 0.549 
 
 20 to 30 
 
 
 
 30 to 40 
 
 
 
 40 to 50 
 
 
 
 50 to 60 
 
 2,800 
 
 0.531 
 
 60 to 70 
 
 4,700 
 
 0.664 
 
 70 to 80 
 
 3,500 
 
 0.889 
 
 80 to 90 
 
 600 
 
 0.110 
 
 90 to 100 
 
 
 
 100 to 116 
 
 28,400 
 
 5.379 
 
 Total Descent, 757 feet 
 
 42,900 
 
 8,122 
 
 Sum of Ascent and Descent, 1,755 feet. 
 Average Grade per mile, 80. 1 feet. 
 Curvature, 2,242 degrees, 26 minutes. 
 
WESTERN NORTH-CAROLINA RAILROAD. 
 
 65 
 
 STATEMENT OF ALIGNMENT 
 
 •om French Broad River to Tennessee State Line, near Caiconeh or 
 DucJctown. 
 
 a 
 
 a 
 
 o 
 
 
 
 
 
 
 o 
 o 
 
 > 
 
 m 
 
 « 
 
 1 
 
 1 
 
 1 
 
 2 
 
 2 
 
 1 
 
 2 
 
 2 
 
 Length of 
 Curve. 
 
 Feet. 
 
 79,606 
 
 102,463 
 
 80,665 
 
 50,738 
 
 Whole Line, 
 
 Miles. 
 
 15.08 
 
 19.41 
 
 15.28 
 
 9.61 
 
 59.38 
 
 Length of 
 Straight Line. 
 
 Feet. 
 
 104,494 
 96,537 
 
 135,935 
 64,905 
 
 Mil*' 
 
 19.79 
 18.27 
 25.74 
 12.29 
 
 76.09' 
 
 Percentage of j Total Length. 
 
 Curve. 
 
 43.3 
 51.5 
 37.5 
 43.9 
 
 43.8 
 
 Strt L 
 
 56.7 
 48.5 
 62.5 
 56.1 
 
 06.2 
 
 Feet. I Miles. 
 
 184.100 
 199.000 
 216.600 
 115.643 
 
 34.87 
 37.68 
 41.02 
 21.90 
 
 135.47 
 
 TABLE 
 
 Showing the Number, Name, Length, Size, CuUc Yards, and Elevation 
 above Tide, of all the Tunnels. 
 
 a 
 
 a 
 s 
 
 o 
 
 d 
 .2 
 
 o 
 o 
 
 m 
 
 o 
 6 
 
 a 
 .2 
 
 "> 
 
 ft 
 o 
 6 
 
 Name of Tunnel. 
 
 o • 
 
 °1 
 
 ^ .2 
 o W 
 
 <4-. O . 
 
 
 
 !2i 
 
 Feet. 
 
 Feet. 
 
 Yards . 
 
 Feet. 
 
 Feet. 
 
 Feet. 
 
 1 
 
 1 
 
 Hominy, 
 
 300 
 
 21x15 
 
 3,450 
 
 2,578 
 
 2,668 
 
 90 
 
 2 
 
 
 1 
 
 Balsam, . 
 
 1,750 
 
 
 
 20,28F 
 
 3,243 
 
 3,411 
 
 168 
 
 3 
 
 
 2 
 
 Scott's Creek, No. 1 
 
 110 
 
 
 
 1,283 
 
 2,931 
 
 3,030 
 
 98 
 
 4 
 
 
 2 
 
 Scott's Creek, No, 2 
 
 235 
 
 
 
 2,740 
 
 2,676 
 
 2,803 
 
 127 
 
 5 
 
 
 2 
 
 North Fork, . . 
 
 350 
 
 
 
 4,081 
 
 2,614 
 
 2,792 
 
 178 
 
 6 
 
 
 2 
 
 Scott's Creek, No. 3 
 
 200 
 
 
 
 2,333 
 
 2,280 
 
 2,403 
 
 123 
 
 7 
 
 
 2 
 
 Cowee, 
 
 850 
 
 
 
 9,911 
 
 1,972 
 
 2,268 
 
 296 
 
 8 
 
 
 2 
 
 Oconee Lufteh, 
 
 200 
 
 
 
 2,332 
 
 1,830 
 
 1,942 
 
 112 
 
 9 
 
 2 
 
 
 Master Hollow, . 
 
 92 
 
 
 
 1,073 
 
 2,263 
 
 2,367 
 
 104 
 
 10 
 
 2 
 
 
 Devil's Back Bone, 
 
 182 
 
 
 
 2,123 
 
 2,330 
 
 2,445 
 
 115 
 
 11 
 
 2 
 
 
 Nantihala, . . . 
 
 180 
 
 
 
 2,099 
 
 2,342 
 
 2,426 
 
 84 
 
 12 
 
 2 
 
 
 Che-o-ih, . . 
 
 130 
 
 
 
 1,518 
 
 2,399 
 
 2,490 
 
 91 
 
 13 
 
 2 
 
 
 Red Marble, . 
 
 1,224 
 
 
 
 14,280 
 
 2,551 
 
 2,686 
 
 135 
 
 14 
 
 2 
 
 2 
 
 Persimmon, . 
 Total L. of Tunnels. 
 
 174 
 
 
 
 2,030 
 
 1,850 
 
 1,948 
 
 98 
 
 
 5.977 
 
 
 69,541 
 
 
 
 
66 
 
 WESTERN NORTH-CAEOLINA RAILROAD. 
 
 FRENCH BROAD DIVISION. 
 Statement of Alignment frovi Swannanoa River to Paint Rock. 
 
 Length of Curve. 
 
 Length of 
 Straight line. 
 
 Per Centage of 
 
 Total Length. 
 
 Feet. 
 
 Miles. 
 
 Feet. 
 
 Miles. 
 
 Curve. 
 
 Straight line. 
 
 Feet. 
 
 Miles. 
 
 135,696 
 
 25.7 
 
 101,376 
 
 19.2 
 
 57.2 
 
 42.8 
 
 237,072 
 
 44.9 
 
 Total Curvature, 5,476 degrees. 
 
 TABLE 
 
 Of Meclmnical Stnictures from the Mouth of Swannanoa Rive)-, to the 
 
 Paint Rock. 
 
 • 
 
 o 
 
 
 i 
 
 '^ 
 «" 9-^-s 
 
 
 -S 
 
 Character 
 
 
 °^tiS 
 
 Name of Stream. 
 
 5 
 
 of 
 Structure. 
 
 H 
 Ft. 
 
 9 
 
 ^%^^ 
 
 ^i^.5. 
 
 
 Miles. 
 
 Xtl 
 
 Branch, .... 
 
 2.6 
 
 Stone Viaduct, . 
 
 1 of 10 
 
 French Broad River, 
 
 3.8 
 
 Bridge, 
 
 15 
 
 4 of 125 
 
 Branch, .... 
 
 4.1 
 
 Stone Viaduct, 
 
 10 
 
 1 of 10 
 
 Bruce' s Creek, . 
 
 4.8 
 
 Bridge, 
 
 14 
 
 1 of 40 
 
 Branch, .... 
 
 5.2 
 
 Stone Viaduct, 
 
 10 
 
 1 of 10 
 
 Branch, 
 
 5.5 
 
 li (( 
 
 9 
 
 1 of 10 
 
 Lee's Mill Creek, 
 
 8.2 
 
 (( C( 
 
 15 
 
 1 of 10 
 
 New Found Creek, . 
 
 9.0 
 
 Bridge, 
 
 14 
 
 1 of 40 
 
 Jenning's Branch, 
 
 11.2 
 
 Cl 
 
 10 
 
 1 Of 30 
 
 Connor's Branch, . 
 
 12.7 
 
 Stone Viaduct, 
 
 14 
 
 1 of 10 
 
 Branch, 
 
 14.2 
 
 U (C 
 
 9 
 
 1 of 10 
 
 Branch, .... 
 
 14.7 
 
 (( u 
 
 14 
 
 1 of 10 
 
 Sandy Mush, 
 
 17.1 
 
 Bridge, 
 
 19 
 
 1 of 115 
 
 Branch, 
 
 18.3 
 
 Stone Viaduct, 
 
 14 
 
 1 of 10 
 
 Branch, .... 
 
 18.7 
 
 .1 u 
 
 9 
 
 1 of 10 
 
 Branch, .... 
 
 19.0 
 
 u u 
 
 12 
 
 1 of 10 
 
 Pheasant Branch, 
 
 22.4 
 
 (( u 
 
 12 
 
 1 of 10 
 
 Bailey's Branch, 
 
 24.5 
 
 Bridge, ; 
 
 17 
 
 1 of 30 
 
 Bear Creek, . 
 
 25.6 
 
 {4 
 
 11 
 
 1 of 30 
 
 Little Pine Creek, 
 
 26.2 
 
 U 
 
 17 
 
 1 of 60 
 
 Paw-Paw Creek, . 
 
 27.8 
 
 Stone Viaduct, 
 
 15 
 
 1 of 10 
 
 Johnson's Cove Branch, 
 
 29.8 
 
 Bridge, 
 
 20 
 
 1 of 40 
 
 Big Pine Creek, 
 
 30.7 
 
 (I 
 
 23 
 
 1 of 115 
 
 Doe Branch, 
 
 33.2 
 
 Stone Viaduct, 
 
 14 
 
 1 of 10 
 
 Raccoon Branch, 
 
 35.6 
 
 (1 
 
 7 
 
 1 of 10 
 
 Mountain Island, 
 
 36.6 
 
 Bridge, 
 
 10 
 
 1 of 25 
 
 Spring Creek, 
 
 38.8 
 
 u 
 
 13 
 
 1 of 60 
 
 River Sluce, 
 
 41.9 
 
 Viaduct, . 
 
 12 
 
 1 of 10 
 
 Shut-in Creek,' 
 
 42.4 
 
 Bridge, 
 
 10 
 
 1 of 40 
 
WESTERN NORTH-CAEOLINA RAILROAD. 
 
 67 
 
 TABLE 
 
 Shoioing the Distance aiid Levels above tide of all the prominent points 
 from Salisbury to the Tennessee line, near Cawoneh or Ducktown. 
 
 Prominent Points. 
 
 Summit between Second and Third Creeks 
 
 Third I'reek 
 
 Statesville "..... ;"XV"r;"n'""i 
 
 Summit between Back and Clark s Creeks 
 
 Catawba River 
 
 Newton 
 
 Connelly's Gap 
 
 Hunting Creek 
 
 Morgan town 
 
 Silver Creek 
 
 Muddy Creek 
 
 Still House Gap 
 
 Marion 
 
 Opposite Carson's -. ....:^........ 
 
 Summit between Cane Creek and Newbury's Fork., 
 
 Point Tunnel « 
 
 Mill Creek, Fourth Crossing 
 
 Mill Creek, Eleventh Crossing 
 
 Birch Ridge Tunnel 
 
 Mill Creek, Fourteenth Crossing 
 
 Lick Log Tunnel 
 
 Big Ridge Tunnel 
 
 Burgin Tunnel 
 
 Swannanoa Tunnel 
 
 French Broad River 
 
 Hominy Tunnel 
 
 Pigeon River •;v,:-v-,-—v->; i" 
 
 Summit between Pigeon River and Richland Creek. 
 
 Richland Creek 
 
 Balsam Tunnel 
 
 Scott's Creek, Third Crossing 
 
 Tuckasegee River, First Crossing 
 
 Cowee Tunnel : 
 
 Tuckasegee River, Second Crossing 
 
 Oconee Lufteh Tunnel 
 
 Oconee Lufteh River 
 
 Tuckasegee River, Third Crossing 
 
 Summit beteen Tuckasegee and Alarka Creek 
 
 Tennessee River at Mouth of Alarka Creek 
 
 Tennessee River, Third Crossing 
 
 Nantihala River, First Crossing 
 
 Red Marble Tunnel 
 
 Valley Town 
 
 Valley River, near Murphy 
 
 Murphy 
 
 Hiwassee River ....._^. 
 
 Summit between Hiwassee and Notteleh Kivers.... 
 
 Notteleh River 
 
 Persimmon Tunnel 
 
 AVolf Creek 
 
 Newton's Gap 
 
 Tennessee State Line, near Cawoneh 
 
 ill 
 
 Miles. 
 
 13.29 
 14.58 
 25..32 
 29.90 
 37.12 
 49.00 
 63-78 
 73 27 
 75 65 
 78.05 
 85.65 
 91..35 
 96.35 
 101.65 
 105.75 
 109.62 
 109.66 
 113.66 
 115.40 
 115.71 
 117.52 
 117.75 
 118.00 
 119.15 
 137.65 
 1.54.25 
 154.60 
 155.73 
 162.94 
 171.46 
 184.34 
 185.93 
 186.23 
 186.29 
 195.98 
 196.85 
 201.21 
 204.51 
 210.20 
 210.96 
 214.55 
 225.63 
 234.40 
 249.49 
 249.61 
 249.80 
 251.05 
 257.13 
 262^48 
 267-13 
 269.58 
 273.12 
 
 
 Miles. 
 
 13.29 
 1.29 
 
 10.74 
 4.58 
 7.22 
 
 11.78 
 
 14.78 
 9.49 
 2.38 
 2.40 
 7.60 
 5.70 
 6.00 
 5.30 
 4.10 
 3.87 
 0.04 
 4.00 
 1.74 
 0.31 
 1.81 
 0.23 
 0.25 
 1.15 
 
 18.50 
 
 16.60 
 0.35 
 1.13 
 7.21 
 8.52 
 
 12.88 
 1.69 
 0.30 
 0.06 
 9.69 
 0.87 
 4.36 
 3.30 
 6.69 
 0.76 
 3.59 
 
 11.08 
 8.87 
 
 15.09 
 0.12 
 0.19 
 1.25 
 7.08 
 5.35 
 4.65 
 2.45 
 3.55 
 
 r^ O 
 
 Feet. 
 
 761 
 
 827 
 
 712 
 
 940 
 
 958 
 
 762 
 
 1,021 
 
 1,269 
 
 1,030 
 
 1,140 
 
 1,022 
 
 1,090 
 
 1,355 
 
 1,425 
 
 1,284 
 
 1,510 
 
 1,622 
 
 1,510 
 
 1,795 
 
 2,220 
 
 2,050 
 
 2,243 
 
 2,567 
 
 2,495 
 
 2 658 
 1,977 
 2,668 
 2,577 
 2,717 
 3,588 
 3,411 
 l,9!-6 
 1,9.52 
 2,268 
 1,929 
 1,942 
 1,794 
 1,728 
 1,985 
 1,567 
 1,601 
 1,682 
 2,686 
 1,783 
 1,513 
 1,566 
 1,514 
 1,760 
 1,541 
 1,948 
 1,705 
 1,953 
 1,818 
 
WESTERN NORTH-CAROLINA RAILROAD. 
 
 TABLE 
 
 Showing the Distances and Levels above tide of the prominent points, 
 from the Mouth of the Swannanoa River to the Paint Rock. 
 
 Prominent Points. 
 
 Distance 
 
 from 
 
 Swannanoa 
 
 River. 
 
 <o a 
 
 l-H 
 
 o 
 
 a . 
 
 O 01 
 > >- 
 
 Cm 
 O 
 
 .2 a 
 
 "S o 
 > '-' 
 
 0)05 
 
 
 Miles. 
 
 Miles. 
 
 Feet. 
 
 Feet. 
 
 Mouth of Swannanoa, 
 New-Found Creek, .... 
 Connor's Branch, . . . . 
 Sandy Mush, . . . . : 
 
 Bear Creek, 
 
 Big-Pine Creek, .... 
 
 Spring Creek, 
 
 Shut-in Creek, 
 
 Paint Rock, .,:... 
 
 9.0 
 
 12.7 
 
 ■ 17.1 
 
 25.6 
 
 30.7 
 38.8 
 42.4 
 44.9 
 
 9.0 
 3.7 
 4.4 
 8.4 
 2.9 
 8.1 
 3.6 
 2.5 
 
 1,978 
 18,71 
 1,774 
 1,715 
 1,594 
 1,516 
 1,315 
 1,280 
 1,262 
 
 1,991 
 1,885 
 1,788 
 1,731 
 1,605 
 1,538 
 1,528 
 1,590 
 1,261 
 
WESTEEN NOETH-CAEOLINA RAILROAD. 
 
 69 
 
 GEADES 
 On French Broad Division., from Swannanoa River to Paint Eoclc. 
 
 
 FEET. 
 
 MILES. 
 
 Lengtli of Division, 
 
 237.277 
 
 44.9 
 
 Lengtli of Level Grade, 
 
 55.106 
 
 10.4 
 
 Length of Grade Descending Westward : 
 From to 10 feet per mile, 
 10 to 20 
 20 to 30 . ... 
 
 30 to 40 
 
 40 to 50 
 
 50 to 60 
 
 12.300 
 69,500 
 54.900 
 16.200 
 20.971 
 3,000 
 
 2.3 
 13.2 
 10.4 
 3.1 
 4.0 
 0.5 
 
 Total Length of Grades, Descending Westward, 
 Total Dpsppnt fi75 fppt 
 
 176.871 
 
 33.5 
 
 Length of Grades Ascending Westward : 
 
 From to 10 
 
 10 to 20 
 
 20 to 30 
 
 600 
 
 4.600 
 
 100 
 
 0.114 
 
 0.871 
 0.019 
 
 Total Length of Grades Ascending Westward, 
 Total Ascent, 12 feet. 
 
 5.300 
 
 1.000 
 
 Sum of Ascents and Descents, 687 feet. 
 Average Grade per mile, 15.03 feet. 
 Curvature, 5,476. 
 
COMMISSIONERS' MEETING, 
 
 <^tot=«» 
 
 Pursuant to previous notice, the General Commissioners 
 heretofore appointed to open books for subscription to the 
 Western Division of the Western North-CaroHna Eailroad, 
 m«-t-i^ Morganton. at the Court-house, on the 15th day of 
 October, 1868. Present: 
 
 GEO. W. SWEPSON, C. MEBONE, 
 
 R. M. HENRY, GEO. W. DICKEY, 
 
 GEO. W. GAHAGAN, M. W. WOODFIN, 
 
 M. G. LITTLEFIELD, A. T. DAVIDSON, 
 
 JAS. H. RUMBOUGH, R. F. SIMONTON, 
 
 G. M. ROBERTS, Dr. SAM'L L. LOVE. 
 
 On motion of Gen. Littlefield, Hon. A. T. Davidson was 
 called to the chair, and R. F. Simonton appointed Secretary. 
 
 The roll of Commissioners was then called, when it was 
 ascertained that a majority of said commissioners were present. 
 
 On motion of Gen. Littlefield, a committee of three was 
 appointed by the chair, consisting of Gen. R. M. Henry, Geo. 
 W. Swepson, Esq., and Dr. Sam'l L. Love, to inspect the books 
 of subscription returned by the commissioners, to ascertain 
 what amount had been subscribed. 
 
 On motion of Gen. Henry, it was 
 
 Resolved, That said committee be instructed to declare that all stock 
 subscribed on which 5 per cent, had not been paid heretofore, are at this 
 time void. 
 
 The committee returned, and after a short time reported that 
 3,080 shares of one hundred dollars each had been subscribed, 
 amounting to three hundred and eight thousand dollars, on 
 
WESTEEN NORTH-CAROLINA RAILROAD. 71 
 
 whicli the 5 per cent. Lad been paid, to-wit : fifteen thousand 
 four hundred dollars. 
 
 It was then ordered that the books of subscription reported 
 by the commissioners be turned over to the stockholders. 
 
 On motion,, the commissioners' meeting adjourned. 
 
 A. T. DAVIDSON, Chairman, 
 E. F. SiMONTON, Secretary, 
 
 The meeting of the stockholders of the Western Division of 
 the Western North-Carolina Railroad Company met at the 
 Court-house, in Morganton, on the 15th of October, 1868. 
 
 On motion, Hon. A. S. Merriman was called to the chair, 
 and G. M. Roberts appointed Secretary. 
 
 A committee of three was appointed to verify proxies and 
 report the number of shares represented in the meeting, to-wit : 
 Z. B. Vance, G. W. Dickey and Thos. L. Clingman, who re- 
 ported the number of stockholders present as eighteen, repre- 
 senting three thousand and eighty shares. 
 
 On motion, the stockholders proceeded to the election of four 
 Directors, to-wit : Hon. A. T. Davidson, Gen. Thos. L. Cling- 
 man, G. M. Roberts and James H. Merriman. . 
 
 The following resolution was passed : 
 
 Resolved, That the By-laws of the Eastern Division of the Western 
 North-Carolina Raih'oad Company be adopted as the By-Laws of the 
 Western Division of the Western North-Carolina Railroad Company, so 
 far as they are locally applicable, and that a committee of three be ap- 
 pointed to draft By-Laws and report at the next meeting. 
 
 On motion, the salary of the President of the Company was 
 fixed at three thousand dollars ; Chief Engineer, three thou- 
 sand dollars ; and Secretary and Treasurer, twelve hundred 
 dollars, per annum. 
 
 After a short recess and a re-assembling of the stockholders, 
 the meeting adjourned. 
 
 A. S. MERRIMAN, Chairman, 
 
 G. M. Roberts, Secretary, 
 
72 WESTERN NORTH-CAROLINA RAILROAD. 
 
 JOINT MEETING 
 
 Of the Stockholders of the Eastern and Western Division of 
 the North Carolina Railroad. 
 
 In pursuance of a call made by J. J. Mott, President of the 
 Eastern Division of the Western North-Carolina Eailroad 
 Company, and Geo. W. Swepson, President of the Western 
 Division of the Western North-Carolina Eailroad Company, 
 and in conformity with recent acts of the General Assembly of 
 North-Carolina, ratified respectively on the 29th and 30th days 
 of January, 1869, and on the 1st day of April, 1869, a meet- 
 ing of the stockholders of said Divisions was held at the Court- 
 house in the town of Morganton, on Wednesday the 7th day 
 of April, 1869. 
 
 A temporary organization was effected by calling J. W. 
 Bowman to the chair, and appointing K. W. Pulliam and 
 Wallace W. Rollins, Secretaries pro tern. 
 
 Gen. T. L. Clingman moved that a committee of two from 
 each Division be appointed by the chair to verify proxies, 
 which motion prevailed. 
 
 The chair appointed on said committee : Dr. A. M. Powell 
 and Andrew Shuford for the Eastern Division, and Col. A. 
 T. Davidson and G, M. Roberts for the Western Division. 
 
 A short interval having elapsed, the committee for the East- 
 ern Division reported that forty-three thousand, five hundred 
 shares, constituting a majority of the stock of said Division, 
 and fifty-nine thousand, nine hundred and sixty-one shares, 
 constituting a majority of the stock in the Western Division, 
 by their committee, and that the aggregate amount of stock 
 represented by the two Divisions jointly, in person, or by proxy, 
 was one hundred and three thousand, four hundred and sixty- 
 five shares — ninety-five stockholders being present to cast the 
 vote of the same. Tod R. Caldwell, Esq., representing the 
 State stock for the Eastern Division, by virtue of a commission 
 issued to him by his Excellency W. W. Holden, Governor of 
 
WESTERN NORTH-CAROLINA RAILROAD. 73 
 
 North-Carolina, and W. H. Higdon, representing the State 
 stock for the Western Division, under and by virtue of similar 
 authority. 
 
 The report of the committee was accepted, and a permanent 
 organization was then effected by the election of Jacob W. 
 Bowman as permanent chairman of the joint meeting of the 
 stockholders ; Allen T. Davidson, Vice-chairman ; and Q. M. 
 Eoberts and Henry C. Cowles, Secretaries. 
 
 Tod. K. Caldwell then offered and read to the meeting the 
 Acts of the General Assembly passed at the session of 1868 
 and 1869, ratified respectively on the 29th and 30th days of 
 January, 1869, and on the 1st day of April, 1869, amendatory of 
 the Charter of the said Western North-Carolina Railroad 
 Company, and moved the acceptance of the same by the stock- 
 holders in joint meeting assembled. This motion was put by 
 the chairman, and unanimously adopted. 
 
 Whereupon, on motion, the meeting adjourned until 11 
 
 o'clock to-morrow morning. 
 
 J. W. BOWMAN, Chairman, 
 
 G.M. Eoberts, ] Secretaries. 
 H. C. Cowles, j 
 
 The stockholders met, according to adjournment, April 8th, 
 1869, at 11 o'clock, Col. A. T. Davidson in the chair. The 
 minutes of yesterday were read and approved. 
 
 A. Shuford offered the following preamble and resolution : 
 
 Whereas. The present Legislature has passed a bill amending the 
 Charter of the Western North-Carolina Railroad Company ; and ivhereas, 
 a majority of the stockholders have accepted said amendment; and 
 ichereas, section — of said bill provides that the Directors may discontinue 
 any or all branches on the said road, at their option ; and icJiereas there 
 is a branch running to the town of Newton, which branch was granted to 
 the citizens of said town ; now we, the stockholders, do 
 
 Resolve, That we are opposed to the discontinuance of said branch, and 
 do request the Directors to continue and keep up the same. 
 
 After debate, in which Messrs. Shuford, Clingman and 
 Caldwell took part, the consideration of the resolution was 
 postponed and referred to the meeting of the stockholders in 
 August next, and ordered to be spread upon the minutes. 
 
74: . WESTERN NORTH-CAROLINA RAILROAD. 
 
 A recess of twenty minutes was then had ; and, upon resump- 
 tion of business, a resolution of thanks was offered by Gen T. 
 L. Cliugman to the chairman and Vice-chairman of the meet- 
 ing, for the able and dignified manner in which their duties had 
 .been discharged, which was unanimously adopted. 
 
 The thanks of the meeting were also tendered to the Secre- 
 taries; after which, on motion, the meeting of the stockholders 
 of the Western North-Carolina Eailroad Company adjourned 
 sine die. 
 
 A. T. DAVIDSON, Vice-chairman. 
 
 G. M. EOBERTS, ) ry ^ • 
 
 Henry C. CowLes, j ^^'^^i^^'^'- 
 
 Gen. T. L. Clingman, on behalf of the committee appointed 
 at the last general meeting to revise the By-laws for the goy- 
 ernment of this Company, made a report recommending the 
 following system of laws for adoption : 
 
 Section I. The 
 
 Sec. II. On the failure of the stockholders to elect Directors at any 
 general annual meeting it shall be the duty of the President, for the time 
 being, forthwith to advertise a general meeting of the stockholders, to be 
 held within twenty days thereafter for the purpose ; and on failure of the 
 President so to advertise, or of the meeting so called to elect Directors, 
 it shall be the duty of the Directors for the time being, or any one of them, 
 to advertise as above directed. 
 
 Sec. III. (as amended. ) The President, or any five Directors, shall have 
 power to call a meeting to assemble at such time and place as he or they 
 may elect ; and, in the absence of the President, a majority of said Di- 
 rectors shall have power to hold said called meeting, and appoint a Pres- 
 ident 2)ro tempore. 
 
 Sec. IV. The President shall be elected annually by ballot, by a major- 
 ity of the Board of Directors, and shall receive as compensation for his 
 services an annual salary of two thousand dollars, over and above his 
 necessary traveling expenses incurred by order of the Board of Directors 
 in journeys in the service of the Company. 
 
 Sec V. The President shall have the general superintendence and 
 control of all other officers of the Company, and shall prescribe their 
 duties, unless otherwise provided for by the rules and regulations of the 
 Board of Directors, He shall carefully examine into the performance of 
 their duties ; and, from time to time, report to the Directors all and every 
 matter touching the interest of the Company which shall come to his 
 knowledge. 
 
 Sec. VI, The President shall keep the seal of the Company, and, with 
 the consent of a majority of the Directors, shall affix the same to all con- 
 veyances and other instruments to which attestation of the seal may be 
 necessary, and sign the same on behalf of the corporation; 
 
WESTERN NORTH-CAROLINA RAILROAD. 75 
 
 Sec. VII.^ The office of Secretary and Treasurer shall be combined until 
 the Board of Directors shall deem it necessary to separate them. 
 
 Sec. VIII. The Secretary and Treasurer shall be ajipointed by the 
 Board' of Directors, and shall give bond in the sum of fifty thousand 
 dollars, with security, to be approved by the Board ; and shall receive for 
 his services the sum of twelve hundred dollars per annum. 
 
 Sec. IX. It shall be the duty of the Treasurer and Secretary to keep a 
 full and fair journal of the meetings and proceedings of the Board of 
 Directors ; to advertise and collect all assessments which may, from time to 
 time, be made upon the stockholders ; and in failure of any stockholder to 
 pay his assessments within the time prescribed, to report the name or 
 names of such stockholders to the President ; to take charge of, and safely 
 keep, all the moneys and other vakiable effects of the Company, and to 
 disburse the same under the direction and upon the requisition of the 
 President, and to take proper vouchers for such disbursements ; and to 
 perform all such other duties as may be prescribed by the Board of 
 Directors. 
 
 Sec. X. That a standing committee of three persons be ajjpointed at 
 each annual meeting of the stockholders to audit and report upon all 
 accounts of the Treasurer to the stockholders at each annual meeting ; 
 that said committee act in the intervals of regular meetings, and that they 
 be allowed the sum of ten cents per mile for their traveling expenses, and 
 the sum of two dollars per diem for each day in which they shall be 
 engaged in said service. 
 
 Sec. XI. The Secretary and Treasurer shall give twenty days' notice in 
 not less than three newspapers published in the State, of the time and 
 place of all annual meetings of the stockholders. 
 
 Sec. XII. The President and Directors shall have power to employ 
 Engineers and such other officers and agents as they may think proper, and 
 fix their compensation ; and shall make a report of all such appointments 
 to the regular annual meeting of the stockholders. 
 
 Sec. _XIII. The Directors shall have power to establish a common seal, 
 with suitable devices ; to ascertain and define the duties of the officers, 
 clerks and other servants of the Company, and direct them in the perform- 
 ance thereof; and to dismiss from the service of the Company any officer, 
 agent, clerk or servant appointed by them, or elected by the stockholders, 
 at pleasure, and to fill such vacancy until the next annual meeting of the 
 stockholders. 
 
 Sec. XIV. The report of the President and Directors with accompany- 
 ing documents, and report of the auditing committee, shall be printed and 
 distributed among the stockholders, as soon as each annual meeting shall 
 be organized. 
 
 Sec. XV. A proxy shall be signed by the party and attested by any 
 witness competent to testify in the courts of this State ; and all transfers 
 of stock shall be attested in like manner. . 
 
 Sec. Xy I. These laws shall not prevent the President, in case of emer- 
 gency, from calling a meeting of the stockholders at one day's notice, as 
 heretofore provided. 
 
 These Laws were unanimously adopted by the stockholders, 
 at Morganton, April 7th, 1869. 
 
 R. M. HENRY, Chairman. 
 G. M. Roberts, Secretary. 
 
7b WESTERN NORTH-CAEOLINA EAILROAD. 
 
 At a meeting of the stockliolders of the Western Division 
 of the Western North-Carolina Railroad Company, held at 
 Morgan ton, N. C, on the 4th day of May, A.D., 1869, on motion 
 of Geo. W. Swepson, Gen. T. L. Clingman was appointed Chair- 
 man, and G. M. Eoberts, Secretary. 
 
 On motion of Gen. R. M. Henry, it was resolved that the 
 stockholders of the Western Division of the Western North- 
 Carolina Puailroad Company, do agree to go into meeting with 
 the stockholders of the Eastern Division of said road, for the 
 purpose of considering such matters as may be legitimately 
 brought before such joint meeting of the stockholders of the 
 Western North-Carolina Railroad Company. 
 
 On motion, it was resolved that the proceedings of this 
 meeting be furnished the press of the State for publication. 
 The meeting then adjourned. 
 
 T. L. CLINGMAN, Chairman, 
 
 G. M. Roberts, Secretary. 
 
 At a joint meeting of the stockholders of the Eastern and 
 Western Divisions of the Western North-Carolina Railroad 
 Company, held in the town of Morganton, in the county of 
 Burke, and State of North Carolina, on the 4th of May, 1869, 
 in pursuance of a joint call for such meeting made by J. J. 
 Mott, President of the Eastern Division of said road, and Geo. 
 W. Swepson, President of the Western Division of said road, 
 whereof due notice was given, and in pursuance of resolutions 
 passed by the stockholders of the Eastern and Western Divis- 
 ions, in lawful meetings by them respectively held in the town 
 of Morganton on the day and year aforesaid. 
 
 On motion of Hon. Z. B. Vance, for temporary organization, 
 M. S. McCorkle, Esq. was called to the chair, and G. M. 
 Roberts was appointed Secretary. 
 
 On mcJtion of N. W. Woodfin, a committee of two gentlemen 
 from each Division was appointed by the chair to verify proxies, 
 and ascertain if a quorum of stockholders were present. 
 
WESTERN NORTH-CAROLINA RAILROAD. // 
 
 The chairman appointed for the Eastern Division Thos. G. 
 Walton and Eobt. F. Simonton, and for the Western Division 
 G. M. Roberts and R. W. Pulliam. 
 
 The committee upon inquiry and due examination, and in 
 pursuance of the provision of the Charter, reported present by 
 proxy and in person: for the Eastern Division, ninety-six 
 private stockholders, representing fourteen thousand, five 
 hundred and ninety-nine shares, and Tod R. Caldwell proxy 
 for the State, representing thirty-six thousand, six hundred 
 shares; and for the Western Division, forty-three private 
 stockholders, representing nineteen thousand, nine hundred and 
 sixtv-one shares, and Gen. R. M. Henry, proxy for the State, 
 representing forty thousand shares, being a large majority of 
 the stock in each Division of said Road. 
 
 The report of the committee having been adopted, on motion 
 of Tod R. Caldwell, Gen. R. M. Henry, of Macon County, was 
 elected President of the joint meeting of the stockholders, and 
 G. P. Erwin and R. W. Pulliam appointed Secretaries. 
 
 The permanent organization thus completed. Gen. T. L. 
 Clingman submitted the following preamble and resolutions : 
 
 Whereas, At a meeting of the stockholders of the Western North- 
 Carolina Railroad Company, held in the town of Morganton, on the 7th 
 day of April, 1869, a portion of the stockholders were not present; and 
 whereas, it now appears that a still larger amount^ of the stock is repre- 
 sented in the present meeting ; now, therefore, be it 
 
 Resolved, That the action of said former meeting accepting the amend- 
 ments to the acts incorporating the Western North-Carohna Railroad 
 Company, and all acts amendatory thereto, the said amendments being 
 entitled "An Act amendatory o'f the Act to incorporate the Western 
 North-Carolina Railroad Company," ratified the 15th day of February, 
 1855, and of all other Acts amendatory thereof, passed at the present 
 session of the General Assembly, and ratified on the 29th day of January, 
 1869, ratified on the 30th day of January, 1869, and an Act entitled 
 "An Act supplemental to, and amendatory of, an Act passed at the 
 present session of the General Assembly, entitled "An Act amenda- 
 tory of an Act to incorporate the Western North-Carolina Railroad 
 Company," ratified the 15th day of February, 1855, and of all other 
 Acts amendatory thereof," ratified the 1st day of A])ril, 1869, is hereby 
 re -affirmed and ratified in all respects ; and the said Acts are accepted 
 and made a part of the Charter of the said Western North-Carolina 
 Railroad Company. 
 
 The preamble and resolutions were unanimously adopted. 
 Gen. T. L. Clingman then moved that the Presidents of the 
 
78 WESTEEN NORTH-CAEOLINA RAILROAD. 
 
 Eastern and "Western Divisions of the Western North-Carolina 
 Eailroad be requested to certify to the Governor the unani- 
 mous acceptance of the amendments to the Chatter, as proposed 
 by the General Assembly, indicated and defined in the fore- 
 going preamble and resolutions ; and that the proceedings of 
 this meeting be furnished the press of North Carolina for 
 publication by the Secretaries. 
 
 The meeting then adjourned sine die. 
 
 EGBERT M. HENEY, President 
 G. P. Erwin, ) o , ■ 
 
THE 
 
 FIRST ANNUAL MEETING^ 
 
 OF THE 
 
 STOCKHOLDERS OF THE WESTERN DIVISION 
 
 OF THE 
 
 Assembled at Asheville, October IS^/i, 1869. 
 
 On motion, General Jos. C. Abbott was called to tlie Chair, 
 and G-. M. Pboberts requested to act as Secretary. 
 
 The annual report of G. W. Swepson, President, was read, 
 and on motion was adopted and approved and ordered to be 
 printed in connection with the annual report of the Chief 
 Engineer. 
 
 On motion, the Chair was requested to appoint Gen. Thomas 
 L. Clingman, Hons. A. H. Jones and A. T. Davidson a com- 
 mittee to address the people of the State of North Carolina by 
 a circular letter through the papers, setting forth correctly the 
 interest of the State in the early completion of the Western 
 Division of the Western North-Carolina Railroad. 
 
 On motion, the Chair was authorized to appoint a committee 
 of two to verify proxies, whereupon Gens. R. M. Henry and 
 Thos, L. Clingman were appointed said committee, who, in a 
 short time reported the following Stock represented in person 
 and by proxy: 19,941 shares of private stock, and 13,294 
 State stock represented by Geo. W. Gahagan, proxy for the 
 State — constituting a majority of the representative Capital 
 Stock of the Company. 
 
80 WESTERN NORTH-CAROLINA RAILROAD. 
 
 On motion of General R. M. Henry, the stockholders pro- 
 ceeded to the election of twelve persons to constitute a Board 
 of Directors for the ensuing year; and G. M. Eoberts and A. 
 T; Davidson were appointed Tellers, and reported that the fol- 
 fowing gentlemen were voted for, to-wit : 
 
 G. W. Swepson received . . . 27,260 votes. 
 
 Thos. L. Clingmaa " . . . .33,221 
 
 Jos. C. Abbott " . . . . 32,226 
 
 W. W. Rollins " .... 33,226 
 
 R. M. Henry " . . . . 30,301 
 
 A. H. Jones " .... 33,226 
 
 J. R. Amnions " . . . . 33,226 
 
 Geo. W. Gahagan " . . . . 33,226 
 
 Geo. W. Dickey " . . . .33,226 
 
 A. T. Davidson " . . , . 33,221 
 
 M. S. Littlefield " .... 33,226 
 
 Jos. Keener " . . . . 33,226 
 
 Jas. H. Rumbougb " . . . . 5,976 
 
 Jas. H. Merriman " . . . . 2,925 
 
 When the following gentlemen were announced by the Chair 
 
 duly elected, having received a majority of the entire Stock 
 
 represented, to-wit : 
 
 G. W. Swepson, Thos. L. Clingman, 
 
 Jos. C. Abbott, W. W. Rollins, 
 
 R. M. Henry, A. H. Jones, 
 
 J. R. Amnions, G. W. Gahagan, 
 
 G. W. Dickey, A. T. Davidson, 
 
 M. S. Littlefield, Jos. Keener. 
 
 On motion of General R. M. Henry, the Chair announced 
 that the election of Chief Engineer and Secretary and Treas- 
 urer were in order. General R. M. Henry put in nomination, 
 Major Jas. C. Turner for Chief Engineer, who was unani- 
 mously elected, and without a dissenting vote, the election 
 being vivi voce. 
 
 General R. M. Henry then put in nomination G. M. Roberts 
 for Secretary and Treasurer, who was unanimously elected, the 
 election being by viva voce vote. 
 
 General Clingman oflfered the following resolution which was 
 unanimously adopted : 
 
 Eesolved, That the thanks of the stockholders are due and are hereby 
 tendered to George W. Swepson, President, Maj. Jas. C. Turner, Chief 
 Engineer, and G. M. Roberts, Secretary and Treasurer, for the able, effi- 
 cient, energetic and faithful manner in which they have discharged their 
 respective duties during the past year. 
 
WESTERN NORTH-CAEOLINA RAILROAD. 81 
 
 The Stockholders adjourned until to-morrow mornino- 
 9 o'clock. 
 
 Stockholders met according to adjournment, October 14th, 
 1869, 9 o'clock, A.M. 
 
 The following resolution was introduced by General T. L. 
 CHngman, and unanimously adopted, as an amendment to Sec- 
 tion 1st of the By-Laws. 
 
 Resolved, That the word "thereafter" occurring in Section first of the 
 Bj'-Laws be stricken out and the said Section shall read as follows : "That" 
 the next annual meeting of the stockholders of the Western Division of 
 the Western North-Carolina Railroad Company shall be held at Asheville, 
 on the second Thursday of October next, and the Directors elected at this 
 and subsequent meetings shall continue until the next annual meeting 
 thereafter. 
 
 On motion of A. T. Davidson, it was resolved that James 
 Keener and J. R. Amnions, together with the President, to be 
 elected by the Board of Directors, constitute a committee with 
 authority to examine and pass upon the vouchers of the Presi- 
 dent, George W. Swepson, in settling with his successor, and re- 
 port to the Board of Directors. 
 
 On motion of George W. Gahagan, it was resolved that Sec- 
 tion 13 of the By-Laws be amended to read as follows, towit : 
 
 That the Directors shall have power to establish a common seal with 
 suitable devices, to ascertain and define the duties of the officers and clerks 
 and other employees of the Company, and direct them in the performance 
 thereof; and to dismiss from the service of the Company any oificer, agent, 
 cleii: or employee appointed then or elected by the stockholders, and to fill 
 such necessary until the next annual meeting of the stockholders. 
 
 On motion, it was ordered that W. W. Eollins, George W. 
 Gahagan and James H. Eumbough be appointed a committee 
 to survey, locate and put under contract, a change of the ' 
 Buncombe Turnpike from Marshall to Warm Springs, Madison 
 County, North Carolina, and they are hereby authorized to call 
 upon the Chief Engineer to make the survey of the road, and 
 they are required to cause the road to be constructed at as 
 early a day as practicable. The same committee is hereby 
 instructed and directed to survey and locate a road from near 
 Biley Bay's, up Grassy Branch, to intersect the road leading 
 from Warm Springs, Madison County, North Carolina, to Wolf 
 
82 WESTERN NORTH-CAROLINA RAILROAD. 
 
 Creek, Tennessee, and to have the same constructed as soon as 
 possible, and to report their action to the next meeting of the 
 Board of Directors of this Company. 
 On motion, it was 
 
 Resolved^ That the Board of Directors be ordered and hereby instructed 
 by the stockholders of this Company to comply vrith and perform the con- 
 tract heretofore made by the Western North-Carolina Railroad Company 
 with the Buncombe Turnpike Company, in relation to. their road from 
 Asheville to Paint Rock. 
 
 On motion, it was 
 
 Resolved, By the stockholders, that A. T. Davidson and James H. 
 Rumbough be appointed a Committee and be authorized and directed to 
 proceed at once to the city of Nashville, Tennessee, and confer with the 
 Grovernor and Legislature of Tennessee, in relation to the connection of the 
 Cincinnati, Cumberland Gap and Charleston Railroad with the Western 
 Division of the Western North-Carolina Railroad, and that they have 
 power and authority, that was heretofore conferred on the Chief Engineer 
 of this Company, in relation to the negotiation heretofore had respecting 
 the said connection, and that the Secretary and Treasurer be directed to 
 furnish funds necessary to carry out this resolution. 
 
 On motion, it was 
 
 Resolved, That Thos. L. Clingman and Geo. W. Dickey, be instructed 
 to communicate with the Morganton and Dalton Railroad, with a view to 
 an earlier connection of the Western Division of the Western North- 
 Carolina Railroad at or near the line of the State of Georgia and North 
 Carolina, west of Murphy, and in the direction of Dalton, or at or near 
 Ducktown, Tennessee ; and the Treasurer is hereby directed to pay all 
 necessary expenses incurred. 
 
 There being no further business,, on motion of Gen. E. M» 
 
 Henry, the stockholders adjourned sine die. 
 
 JOS. 0. ABBOTT, Chairman. 
 G. M. Egberts, Secretary. 
 
 REPORT OF THE PRESIDENT. 
 
 President's Office, > 
 
 Asheville, N. C, Oct. 13th, 1869. J 
 
 To the Stockholders of the Western North- Carolina Rail- 
 road — Western Division : 
 
 Gentlemen : — At the organization of the "Western Division 
 of the Western North-Carolina Eailroad Company, twelve 
 months since, I was elected its President. 
 
WESTERN NORTH-CAROLINA RAILROAD. 83 
 
 Though the Company then had no funds in its possession, yet 
 the necessary arrangements were immediately made for a 
 vigorous prosecution of the work, and two corps of engineers 
 were placed in the field. Four millions of bonds of the State 
 had been appropriated by the Legislature to aid in the con- 
 struction of the Eoad, but before these bonds could be issued 
 and made available it was ascertained that they were not valid 
 in the opinion of the Supreme Court, because no special tax 
 had been imposed for the payment of the interest annually 
 accruing. It was therefore necessary that application should 
 be made for additional legislation. Owing to causes, which are 
 sufficiently known to the public already, there was much diffi- 
 culty and great delay in obtaining the necessary legislation, as 
 it was not until near the close of the session, in the month of 
 April, that such final action was obtained, as was deemed es- 
 sential to enable the Company to prosecute its work without 
 intermission. 
 
 The surveys had in the meantime so advanced that consider- 
 able part of the work was commenced. For a detail of what 
 has been done, I refer the stockholders to the report of the 
 Chief Engineer. 
 
 There was, however, great fluctuation from time to time in 
 the value of the State bonds, owing in part to allegations that 
 the bonds were invalid, and it was not until the Supreme Court, 
 in the month of July, promulgated its last opinion, that the 
 public mind became satisfied as to the constitutionality of the 
 bonds issued for' the Company. 
 
 These facts, to which only a brief reference is m.ade, will 
 account for the delay in putting a larger force on the work. 
 There seems now, however, to be no further obstacle in the way 
 of a vigorous prosecution of both the main line and the French 
 Broad branch of the Pwailroad. 
 
 When I accepted the Presidency of the Company, my object 
 was to prosecute the work with a view to the public interest 
 alone, and with no reference whatever to any party or political 
 object. Nevertheless, owing perhaps to the excited condition 
 of the pubKc mind on the subject of politics, I have been unable 
 6 
 
84 WESTERN NORTH-CAROLINA RAILROAD. 
 
 to give that satisfaction that I desired to do. I have been 
 assailed because I did not manage the business of the E-oad to 
 advance political object and to aid party organization or move- 
 ments. Eegarding the attack as wholly unjust, and not being 
 willing to attempt to manage the enterprise for the advance- 
 ment of any party or political purpose, I have, after due con- 
 sideration and reflection, determined to no longer occupy the 
 position of President of the Company. I therefore respectfully 
 decline to be a candidate for re-election, and request that a 
 Finance Committee may be appointed, in connection with my 
 successor, to examine my accounts, in order, as far as the effects 
 of the Company have been placed in my hands, may be trans- 
 ferred to my successor in office. 
 
 In taking leave of you officially, I cannot do so consistently 
 with ^my feelings, without bringing to your most favorable 
 consideration, your present most excellent Chief Engineer, 
 Major James C. Turner, whose professional ability, skill and 
 integrity, is not surpassed if equaled in our State. 
 
 I am, gentlemen, your most obedient servant, 
 
 GEO. W. SWEPSON, President 
 
 REPORT OF THE CHIEF E:N'aiNEER. 
 
 To the President and Directors of the Western North-Car- 
 olina Railroad — Western Division. 
 
 Gentlemen : — By an amendment of the Charter of the 
 •" "Western North-Carolina Eailroad," this Eoad has been 
 divided into two parts or Divisions, to-wit : The " Eastern 
 Division," extending from the town of Salisbury, on the North 
 Carolina Eailroad, westward to the French Broad Eiver, and 
 the " Western Division," from that point westward to the Ten- 
 nessee, or Georgia line, in the direction of Chattanooga, including 
 a branch Eoad down the French Broad Eiver to connect with 
 the C. C. & C. Gap Eailroad, near Paint Eock, at the Tennessee 
 line. 
 
WESTERN NORTH-CAROLINA RAILROAD. 85 
 
 Under the pi'ovisions of the original Charter and its amend- 
 ments, this, the " "Western Division," of said Eoad, was duly- 
 organized on the 13th of October, 1868, and your subscriber 
 appointed Chief Engineer, with instructions to locate both the 
 main line and its branch to their Western termini. Soon after 
 receiving the above instructions, the 2d corps of Engineers 
 were properly equipped for the field and assigned to duty — the 
 French Broad or branch Road under Capt. F. I). Blake, and 
 the other or main line under the direction of Capt. J. Calder 
 Turner, as Principal Assistants for their respective Divisions. 
 
 The location of both these Divisions had been previously 
 made in 1860 under my direction, and a report of the surveys 
 by myself whilst acting as Chief Engineer for the Company 
 was made, a copy of which is herewith respectfully submitted ; 
 but, by the casualties of the late war the Notes, Books, Maps, 
 Profiles and other papers (except the report above mentioned) 
 were destroyed. So that all that was known of these routes 
 was, that they were practicable. The location of this Division 
 of the Road was vigorously prosecuted during the last Winter 
 and Spring, and one hundred (100) miles of the Road made 
 ready for contract. I will say in this connection that in the 
 vicinity of Asheville several lines have been run, but none 
 definitely located. But in regard to the French Broad line, 
 beginning about three (3) miles down said river from this place, 
 and on the Western side, the line runs on that side of the river 
 until it reaches the mouth of Ivy, when it crosses the French 
 Broad by a bridge of 4 spans, 650 feet in length, thence down 
 on the Eastern side of the river through the town of Marshal, 
 the county seat of Madison county, and continues on the East 
 side until the Warm Springs property is in view, when it re- 
 crosses to the West side of the river, and so continues until the 
 Tennessee line is reached, where we connect with the Railroad 
 running to Morristown, on the Tennessee and Virginia Rail- 
 road. This branch of our Road, by making this connection, 
 places us in immediate communication with the Western Roads, 
 and is only about ninety (90) miles fromAsheville. The change 
 from the previous location (by crossing and re-crossing French 
 
86 WESTERN NORTH-CAROLINA RAILROAD, 
 
 Broad River) renders the alignment mucli better, and places the 
 line on better ground, thereby avoiding several abrupt bends 
 in the river, which at these points are shut down and confined 
 by rock-bound precipices and cliffs. 
 
 Owing to the extraordinary high water which occurred during 
 the year 1867, it was found necessary to locate a higher line 
 than formerly, and as it is generally a side hill location, the 
 work is necessarily heavier and more costly. Many changes 
 have been, and will yet be made from the location, so as to 
 render it more desirable and cheaper, but of this I prefer to 
 speak at another time. I will only add in this connection, that 
 although this division of the Road runs along the sides of the 
 French Broad River, it passes over space sometimes in the river 
 and sometimes on the mountain slopes, it requires a nice inter- 
 mediate position to occupy the exact ground on which the line 
 should rest. Estimates have been made upon the line as now 
 run, but a critical examination of it satisfies me that important 
 and economical changes could, and should be made ; some have, 
 and others are now being made, which will greatly reduce the 
 cost of the work below that at which it is now estimated. 
 
 When this line is built and the Road in Tennessee from Paint 
 Rock to Morris town completed, wc shall have an outlet to the 
 Western Roads, The line from Morristown Eastward is now 
 in running order to Wolf Creek, a point about 4J miles from 
 Paint Rock, 3 miles of that 4J miles are graded and ready for 
 the iron, but on the IJ miles yet to be graded there are two 
 bridges to be built across the French Broad River which are 
 of great importance. 
 
 This link in the chain of Railroad from Asheville to Morris- 
 town is worthy of your serious consideration, and although in 
 the State of Tennessee, if the two Roads could, by proper 
 legislation, be united and made one road and one corporation, 
 its management could and would be more economical and 
 beneficial. 
 
 The main line having been re-located for fifty-five (55) miles 
 and upwards — that length of line (55 miles) was made ready, 
 in connection with the forty-five (45) miles on the French Broad 
 
WESTERN NOETH-CAROLINA EAILEOAD. 87 
 
 Koad, for contract. The corps of Engineers on this line made 
 the preliminary surveys around and about Asheville, making 
 connection with the " Eastern Division;" these lines not having 
 been decided upon by the Board, have not been included in the 
 work awarded to contract. The line as located runs nearly 
 over the same ground that was occupied by the location of 
 1860, as far as the Western approach of the Balsam Tunnel ; 
 some advantageous changes have been made and some bridges 
 dispensed with, but, from this point Westward an entirely 
 different line has been found, running from this tunnel to- the 
 South and crossing JudacuUah Kidge by a tunnel 500 feet in 
 length, then on its South side to a point where we curve to the 
 right, and by another short tunnel, known as Heel String, we 
 get on the North side of the same ridge, running up the hill 
 slopes of the valley about one (1) mile, when we again curve 
 to the left, crossing the head of the valley of the Middle Fork 
 of Scott's Creek to its Northern side. This retrograde move- 
 ment increases the distance and gives us ground upon which to 
 rest our maximum grade, and further, enables us to occupy 
 cheaper ground, and thus gets us down into the valley of Scott's 
 Creek, thence along the meanderings of that Creek, crossing 
 and re-crossing in the vicinity of the Turnpike Eoad, we again 
 pass underground through a spur which we denominate Still 
 House Tunnel, thence down the slopes of Scott's Creek, on the 
 South side, we avoid a ridge of 190 feet in height and 250 feet 
 long, over the North Fork of Scott's Creek, a feature in the 
 former location which it was desirable to avoid. The fall in 
 Scott's Creek being so great rendered it still necessary to con- 
 tinue on the side hills of that stream for three miles, cutting a 
 spur from Kaler's Hill by a short tunnel of 250 feet, until we 
 descend again into the valley, and continue there until we 
 reached the Tuckasegee Kiver, down which valley we followed 
 to a point where, to save distance and avoid great curvation, 
 we cross the Tuckasegee River by a viaduct of four (4) spans 
 of sixty (60) feet, and immediately enter a tunnel of 800 feet 
 in length through a spur of the Cowee Mountains, from which 
 we emerge to find ourselves again on the South side of the 
 same vallev of Tuckasegee Eiver, down which side we continue 
 
bo WESTERN NORTH-CAROLINA RAILROAD. 
 
 to run fifteen miles with a remarkably cheap line for a moun- 
 tain country. By continuing the line on the South side of the 
 Tuckasegee we avoid two (2) crossings of that river, besides 
 one (1) of Oconalufftee and Deep Creek, amounting to nearly 
 1,000 feet of bridging. When at a point opposite the " Big 
 Bear Farm" we leave the Tuckasegee and cross to the valley of 
 Alarka Creek, near Mr. Dehart's, and instead of pursuing our 
 course down that crooked stream, crossing and re-crossing with 
 expensive crossings until we reach the Tennessee Eiver, and 
 then running up that valley (if it can be so-called) crossing the 
 river three (3) different times on the line of the Blue Kidge 
 Railroad, as formerly contemplated, to the mouth of Nanti- 
 halah, we now incline our line to the left near Dehart's Mill on 
 the Alarka, and with a very good and direct line we cross the 
 ridge running down between Alarka and the Tennessee, and 
 then keeping upon the slopes of the hills bordering on the 
 Tennessee, we descend to that river near the mouth of Nanti- 
 halah, where we cross the line of the Blue Ridge Railroad and 
 the Tennessee River to the Nantihalah Valley, thereby saving 
 ten and one-half (10|-) miles distance and 2,400 feet of bridges 
 and viaducts ; this brings us to the end of the first section of 
 the Western Division, as formerly located. 
 
 Having reached the Tennessee River, we find the distance 
 from the French Broad to the Tennessee River, at the mouth of 
 the Nantihalah to be only a few hundred feet shorter than the 
 location of 1860, but owing to the fact that whilst we gain 
 over 2|- miles between the Tuckasegee and Tennessee Rivers 
 with an improved line, we lose nearly that distance between 
 the Balsam Tunnel and the Tuckasegee River in descending 
 the Scott's Creek slopes and valley, having about the same 
 amount of tunneling, but far less bridging, and a better align- 
 ment, with a less amount of excavation — this line having only 
 
 2,972,650 cubic yards, 
 Whilst by the location of 1860 there are . .3,524,981 " " 
 
 Making a difference in favor of the present location of 552, 325 cubic yards, 
 
 with this additional fact, that the present line reaches a point 
 two (2) miles in advance of the former line, leaving out of view 
 
WESTERN NORTH-CAROLINA RAILROAD. 89 
 
 a large amount of rock excavation on that part of the old line 
 which ascended the Tennessee Eiver, on the line of the Blue 
 Bidge Railroad, which should be added to that location. The 
 locating party, however, are still in the field continuing the 
 location, and are now on the Nantihalah Eiver, about fifteen 
 miles from its mouth, having ninety miles located west of the 
 French Broad Pi.iver, leaving about forty-five miles yet to be 
 located before reaching the Tennessee line at Ducktown, or a 
 less distance to the Georgia line, in the direction of Dalton. 
 
 By a resolution of your Board, passed 15th day of October, 
 1868, the President and Chief Engineer were authorized to let 
 the Western Division of the Western North-Carolina Railroad 
 to contract, and on the 19th day of October, 1868, after the 
 necessary amount of individual stock had been subscribed 
 according to the terms of the Charter, contracts for the build- 
 ing and completion of the entire Western Division of the West- 
 ern North-Carolina Railroad were entered into with responsible 
 parties by the President and Chief Engineer, the latter, how- 
 ever, reserving the right to re-let or cancel these contracts or 
 any part thereof at any time. After 100 miles and upwards 
 of the line, including the French Broad Branch, had been re- 
 located, and the estimates of the same prepared, proposals for 
 the Grading and Masonry of the said 100 miles were invited 
 by public advertisement for one month previous to the 10th of 
 June last. These propositions are now on file in this office, and 
 are generally at very high figures, but enough are found for all 
 the work at moderate prices. Owing to the absence of the 
 President, I was left to make awards of the work to such per- 
 sons as were deemed responsible, and in such quantities as I 
 believed most advisable, at reasonable figures. This has been 
 done, subject however to the ratification of the President and 
 Directors, and contractors are now busily engaged in the prose- 
 cution of the work. 
 
 As there were many contractors asking work, there was not 
 enough to satisfy all, but those who did not get work were the 
 highest bidders. Among the contractors are many men of 
 integrity and responsibility, who I beheve will truly and faith- 
 
90 WESTERN NORTH-CAROLINA RAILROAD. 
 
 fully execute all contracts they may agree to do, and I con- 
 gratulate the Company in having such men. There are some, 
 however, to whom work has been awarded, who may fail 
 because of their inability to complete the work. It has been 
 our policy to put under contract all the work, but to prosecute 
 only the heaviest vigorously. 
 
 Some parts of the French Broad E.oad has been delayed on 
 account of the fact that the Railroad line occupied the site of 
 the Turnpike road, and until the matter was adjusted between 
 the Companies I did not deem it prudent to begin work, besides, 
 it will be necessary in order to subserve the public convenience 
 that another road shall be opened between the Warm Springs 
 and the mouth of Ivy, two (2) miles above Marshall. I have 
 directed Mr. Blake, Principal Assistant Engineer for that 
 Division, to make a reconnoissance of the ground and report the 
 result. 
 
 In conclusion, I will add that in addition to the Engineer 
 corps on location, I have two (2) Construction corps — one for 
 each Division — composed of gentlemen skilled in their pro- 
 fession by education and practical experience, to whom I am 
 indebted for much valuable assistance. 
 
 I have the honor to be, very respectfully. 
 Your obedient servant, 
 
 JAMES C. TURNER, 
 Chief Engineer W. Div. W. N. C. E. B. 
 
WESTEEN NORTH-CAROLINA RAILROAD. 
 
 91 
 
 TABLE 
 
 Shoioing the Number, Name, Length and Elevation above tide, of all the 
 Tunnels on the Western Line. 
 
 "3 
 
 n 
 o 
 
 
 51 
 
 
 
 O 
 
 o 
 XJl 
 
 CM 
 
 o 
 d 
 1^ 
 
 Name of Tunnel. 
 
 
 
 2as o 
 
 
 Feet. 
 
 Feet. 
 
 Feet. 
 
 1 
 
 35 
 
 Balsam, 
 
 1,600 
 
 3,256 
 
 153 
 
 2 
 
 37 
 
 Judacullali, 
 
 500 
 
 3,084 
 
 106 
 
 3 
 
 39 
 
 Heel Spring, . 
 
 500 
 
 2,873 
 
 170 
 
 4 
 
 43 
 
 Still House, 
 
 275 
 
 2,483 
 
 106 
 
 5 
 
 45 
 
 Scott's Creek, 
 
 250 
 
 2,331 
 
 110 
 
 6 
 
 51 
 
 Cowee, . . 
 
 800 
 
 1,985 
 
 286 
 
 
 3,925 
 
 j 
 
 
 STATEMENT OP ALIGNMENT 
 
 From French Broad River at the mouth of Swannanoa River to Tennessee 
 River, mouth of Nantihalah Rivei', 
 
 Length of 
 Curve. 
 
 Length of 
 Straight Line. 
 
 Percentage of 
 
 Total Length. 
 
 Feet. 
 
 Miles. 
 
 Feet. 
 
 Miles. 
 
 Curve. 
 
 Str't Line 
 
 Feet. 
 
 Miles. 
 
 194,906 
 
 36.91 
 
 199,034 
 
 37.69 
 
 49.5 
 
 50.5 
 
 393,940 
 
 74.60 
 
92 
 
 WESTERN NORTH-CAEOLINA RAILROAD. 
 
 TABLE 
 
 Of Meclianical Structures from mouth of Swannanoa to Paint Rock. 
 
 No. 
 
 
 
 Character 
 
 i 
 
 No. of Spans 
 
 
 Name of Stream. 
 
 of 
 
 w 
 
 and 
 
 
 
 Structure. 
 
 Feet. 
 13 
 
 Length in Feet. 
 
 
 Miles. 
 
 
 1 
 
 1 
 
 Town Creek, 
 
 Bridge, 
 
 1 of 25 
 
 2 
 
 3.5 
 
 Woodfin's Mill Creek, 
 
 
 
 20 
 
 1 of 25 
 
 3 
 
 4.25 
 
 French Broad River, 
 
 
 
 20 
 
 4 of 125 
 
 4 
 
 5.05 
 
 Fuy's Brancli, 
 
 
 
 14 
 
 1 of 20 
 
 5 
 
 8.40 
 
 Lee's Mill Creek, 
 
 
 
 13.5 
 
 1 of 25 
 
 6 
 
 9.20 
 
 New Found Creek, 
 
 
 
 16 
 
 1 of 50 
 
 7 
 
 14.4 
 
 Davis Branch, 
 
 
 
 12 
 
 1 of 20 
 
 8 
 
 14.8 
 
 Branch, 
 
 
 
 14 
 
 1 of 20 
 
 9 
 
 17.3 
 
 Sandj' Mush Creek, 
 
 
 
 25 
 
 1 of 100 
 
 10 
 
 18.4 
 
 Haw Branch, 
 
 
 
 18 
 
 1 of 15 
 
 11 
 
 21.0 
 
 French Broad Biver, 
 
 
 
 20 
 
 3 of 150 &1 of 200 
 
 12 
 
 22.4 
 
 Hays' BuH, 
 
 
 
 12 
 
 1 of 40 
 
 13 
 
 28! 
 
 Walnut Creek, 
 
 
 
 16 
 
 1 of 50 
 
 14 
 
 31.2 
 
 Brush Creek, 
 
 
 
 16 
 
 1 of 40 
 
 15 
 
 34.5 
 
 Lone Branch, 
 
 
 
 12 
 
 1 of 25 
 
 16 
 
 35.4 
 
 Laurel Creek, 
 
 
 
 19 
 
 2 of 125 
 
 17 
 
 38.0 
 
 French Broad Biver, 
 
 
 
 24 
 
 3 of 160 &1 of 200 
 
 18 
 
 38.6 
 
 Bumburgh's Mill Race, 
 
 
 
 11.5 
 
 1 of 15 
 
 19 
 
 38.7 
 
 Spring Creek, 
 
 
 
 21.5 
 
 1 of 100 
 
 20 
 
 42.3 
 
 Shut in Creek, 
 
 
 
 15 
 
 1 of 50 
 
 21 
 
 43.8 
 
 Grrassy Creek, 
 
 
 
 16 
 
 1 of 50 
 
WESTERN NORTH-CAROLINA RAILROAD. 93 
 
 TABLE 
 
 Of Bridges and Viaducts on Main Line from the French Broad River to 
 the Tennessee River. 
 
 
 Distance 
 
 
 Height 
 
 Character 
 
 No. and 
 
 No. 
 
 from 
 
 Name of Stream. 
 
 in 
 
 of 
 
 Lcngih of 
 
 
 French Broad_ 
 
 
 Feet. 
 
 Structure. 
 
 Spans. 
 
 1 
 
 2.12 
 
 Hominy Creek, 
 
 41 
 
 Howe Truss, 
 
 1 of 125 
 
 2 
 
 2. 76 
 
 u cc 
 
 12 
 
 u u ' 
 
 1 of 100 
 
 3 
 
 3.20 
 
 Ragsdale Creek, 
 
 13 
 
 Girder, 
 
 1 of 30 
 
 4 
 
 3.48 
 
 u u 
 
 10 
 
 " 
 
 1 of 50 
 
 5 
 
 3.71 
 
 u u 
 
 7 
 
 (1 
 
 1 of 50 
 
 6 
 
 4.22 
 
 U K 
 
 9 
 
 u 
 
 1 of 30 
 
 7 
 
 6.57 
 
 Hominj'-, " 
 
 22 
 
 Howe Truss, 
 
 ] of 100 
 
 8 
 
 6.68 
 
 11 u 
 
 25 
 
 Girder, 
 
 1 of 50 
 
 9 
 
 7.05 
 
 c( u 
 
 22 
 
 Howe Truss, 
 
 1 of 100 
 
 10 
 
 7.68 
 
 C( (( 
 
 19 
 
 U 11 
 
 1 of 80 
 
 11 
 
 8.58 
 
 u u 
 
 22 
 
 Girder, 
 
 1 of 50 
 
 12 
 
 8.75 
 
 U (( 
 
 19 
 
 (( 
 
 1 of 50 
 
 13 
 
 9.37 
 
 (( u 
 
 14 
 
 u 
 
 1 of 50 
 
 14 
 
 10.42 
 
 IC cc 
 
 10 
 
 IC 
 
 1 of 50 
 
 15 
 
 11.28 
 
 u u 
 
 10 
 
 (( 
 
 1 of 50 
 
 16 
 
 11.40 
 
 U C( 
 
 12 
 
 u 
 
 1 of 50 
 
 17 
 
 12.00 
 
 u u 
 
 14 
 
 ii 
 
 1 of 50 
 
 18 
 
 12.31 
 
 U (C 
 
 16 
 
 li 
 
 1 of 50 
 
 19 
 
 12.59 
 
 u u 
 
 12 
 
 Howe Truss, 
 
 1 of 150 
 
 20 
 
 12.72 
 
 It (( 
 
 17 
 
 Girder, 
 
 1 of 50 
 
 21 
 
 15.34 
 
 Mill Creek, 
 
 89 
 
 Howe Truss, 
 
 2 of 160 
 
 22 
 
 16.25 
 
 Pigeon River, 
 
 20 
 
 U CI 
 
 2 of 125 
 
 23 
 
 20.72 
 
 
 12 
 
 Girder, 
 
 1 of 10 
 
 24 
 
 21.15 
 
 
 8 
 
 u ' 
 
 1 of 10 
 
 25 
 
 24.84 
 
 Coon Creek, 
 
 30 
 
 (( 
 
 1 of 50 
 
 26 
 
 25.20 
 
 Richland Creek, 
 
 18 
 
 (( 
 
 1 of 50 
 
 27 
 
 25.36 
 
 u u 
 
 12 
 
 f ( 
 
 1 of 50 
 
 28 
 
 25.79 
 
 
 6 
 
 C( 
 
 1 of 10 
 
 29 
 
 27.74 
 
 Richland Creek, 
 
 10 
 
 u 
 
 1 of 30 
 
 30 
 
 28.73 
 
 S. Branch Richland C'k 
 
 4 
 
 u 
 
 1 of 30 
 
 31 
 
 38.35 
 
 Scott's Creek, 
 
 35 
 
 Viaduct, 
 
 3 of 40 
 
 32 
 
 40.24 
 
 U 4C 
 
 6 
 
 Girder, 
 
 1 of 50 
 
 33 
 
 40.32 
 
 11 (( 
 
 7 
 
 u ' 
 
 2 of 50 
 
 34 
 
 40.47 
 
 U (( 
 
 9 
 
 ( i. 
 
 1 of 50 
 
 35 
 
 40.60 
 
 (1 u 
 
 6 
 
 1( 
 
 1 of 50 
 
 36 
 
 40.79 
 
 U {,(, 
 
 15 
 
 Howe Truss, 
 
 1 of 100 
 
 37 
 
 40.96 
 
 u u 
 
 38 
 
 Viaduct, 
 
 1 of 60 
 
 38 
 
 41.13 
 
 u u 
 
 40 
 
 Howe Truss, 
 
 1 of 160 
 
 39 
 
 43.80 
 
 U (I 
 
 10 
 
 Girder, 
 
 2 of 50 
 
 40 
 
 44.64 
 
 Allen's Mill Creek, 
 
 10 
 
 u ' 
 
 1 of 20 
 
 41 
 
 46.59 
 
 Scott's Creek, 
 
 10 
 
 a 
 
 2 of 50 
 
 42 
 
 48.10 
 
 u cc ' 
 
 15 
 
 u 
 
 1 of 50 
 
 43 
 
 49.79 
 
 Tuckasegee River, 
 
 34 
 
 Viaduct, 
 
 4 of 60 
 
 44 
 
 57.89 
 
 Conolly's Creek, 
 
 12 
 
 Girder, 
 
 1 of 40 
 
 45 
 
 61.98 
 
 Kirkland's Creek, 
 
 13 
 
 u ' 
 
 1 of 40 
 
 46 
 
 69.46 
 
 Alarka 
 
 59 
 
 Viaduct, 
 
 1 of 60 
 
 47 
 
 72.10 
 
 Jones' Branch, 
 
 110 
 
 Howe Truss, 
 
 1 of 200 
 
OP THE 
 
 tsUtn partlj-ferolina gailroatr gcmpang, 
 
 MEETING OF STOCKHOLDEES. 
 
 I. The next Annual Meeting of stockholders shall be held at Statesville, 
 on the last Thursday in August next, and the second Annual Meeting at 
 Newton, the third at Morganton, and the fourth at Salisbury, and all sub- 
 sequent meetings shall alternate in the same way between the above named 
 places. And the Directors now elected, shall remain in office until the 
 next Annual Meeting on ,the last Thursday in August, and until others 
 shall be elected. 
 
 II. On failure of the stockholders to elect Directors at any General 
 Annual Meeting, it shall be the duty of the President for the time being, 
 forthwith to advertise a General Meeting of the stockholders to be held 
 within twenty days thereafter, for the purpose ; and on failure of the 
 President so to advertise, or of the meeting so called to elect Directors, it 
 shall be the duty of the Directors for the time being, or any one of them, 
 to advertise as above directed. 
 
 III. At least sixty individual stockholders, holding a majority of the 
 stock subscribed by individuals shall be present, either in person or by 
 proxy, to constitute a meeting for the transaction of business. 
 
 IV. The President, or any five Directors, or any number of stockhold- 
 ers representing one-third of the individual stock in the "Western North- 
 Carolina Railroad Company, shall have power to call occasional meetings 
 of the stockheMers, at such time and place as he or they may think 
 proper — first giving twenty days' notice thereof in two or more newspapers 
 pi\blished in this State. 
 
 PEESIDENT. 
 
 I. The President shall be elected annually, by ballot, by the niajority of 
 the Board of Directors ; and shall receive as compensation for his services 
 an annual salary of $2,000, over and above his necessary traveling expenses 
 incurred by order of the Board of Directors, in journeys out of the State. 
 
 II. The President shall have the general superintendence and control 
 of all the other officers of the Company, and shall prescribe their duties 
 unless otherwise provided for by the Rules and Regulations of the Board 
 of Directors : he shall carefully examine into the performance of their 
 duties, and from time to time report to the Directors all and every matter 
 touching the interests of the Company which shall come to his knowledge. 
 
 III. The President shall keep the seal of the Company, and with the 
 consent of a majority of the Directors shall affix the same to all conveyances 
 
"WESTEEN NOETH-CAEOLINA EAILEOAD. 95 
 
 and other instruments to which the attestation of the seal may be neces- 
 sary, and sign the same in behalf of the Corporation. 
 
 SECEETAEY AND TKEASUEER. 
 
 I. The Offices of Secretary and Treasurer shall be combined until the 
 Boai'd of Directors shall deem it necessary to separate them. 
 
 II. The Treasurer and Secretary shall be appointed by the Board of 
 Directors, and shall give bond in the sum of $50,000, with the security to 
 be approved by the Board, and shall receive for his services the sum of 
 $1,000 per annum. 
 
 III. It shall be the duty of the Treasurer and Secretary to keep a full 
 and fair journal of the meetings and proceedings of the Board of Direc- 
 tors ; to advertise and collect all assessments which may from time to time 
 be made upon the stockholders ; and in failure of any stockholder to pay 
 his assessments within the time prescribed, to report the name or names 
 of such stockholders to the President ; to take charge of and safely keep 
 all the money and other valuable eflPects of the Company, and to disburse 
 the same under the direction and upon the requisition of the President ; 
 and to take proper vouchers for such disbursement, and to perform all 
 such other duties as may be prescribed by the Board of Directors. 
 
 IV. The Treasurer shall deposit all money belonging to the Company 
 in the Branch Bank of Cape Fear, at SaHsbury, and in the Branch Bank 
 of the State of North Carolina, at Morganton. 
 
 V. That a standing committee of three persons be appointed at each 
 annual meeting of the stockholders, (commencing with the present,) to 
 audit and report upon all accounts of the Treasurer, to the stockholders at 
 each annual meeting ; that said committee act in the intervals of regular 
 meetings, and that they be allowed the sum of ten cents per mile for their 
 traveling expenses, and the sum of two dollars per diem for each day in 
 which they shall be engaged in said service. 
 
 VI. The Secretary and Treasurer shall give twenty days' notice, in not 
 less than three newspapers published in the State, of the time and place 
 of all annual meetings of the stockholders. 
 
 DIRECTOES. 
 
 I. The Board of Directors shall meet once in every three months. The 
 first meeting shall take place at Salisbury, and all subsequent meetings at 
 such places as the Board may direct, and the President shall be at liberty 
 to convene the Board as much oftener as the interest of the Company may 
 require, and the Directors shall receive full compensation for their services 
 at the rate of ten cents per mile for every mile traveled to and from the 
 place of meeting ; and five members of the Board of Directors, including 
 the President, shall constitute a quorum for the transaction of business. 
 
 II. The President and Du-ectors shall have power to employ engineers 
 and such other officers and agents as they may think proper, and to fix 
 their compensation ; and shall make a report of all such appointments to 
 the regular annual meeting of the stockholders. 
 
 III. The Directors shall have power to establish a common seal, with 
 suitable devices, to ascertain and define the duties of the officers, clerks, 
 and servants of the Company, and direct them in the performance thereof, 
 and to dismiss from the service of the Company any officer, or agent, 
 clerk, or servant, appointed by them, at pleasm-e. 
 
 IV. The Report of the President and Du-ectors, with accompanying 
 7 
 
96 WESTERN NORTH-CAEOLINA RAILROAD. 
 
 documents and Report of the Auditing Committee, shall be printed and 
 distributed among the stockholders, as soon as each annual meeting shall 
 be organized. 
 
 CONTRACTS. 
 
 Contracts shall be made under such rules and regulations as the Direc- 
 tors shall prescribe, and when signed by the President, shall be binding on 
 the Company, either with or without the seal of the Corporation. 
 
 COMMITTEE TO VERIFY AND REPORT ON PROXIES 
 AND STOCK REPRESENTED. 
 
 I. Each annual meeting shall appoint a committee to consist of the 
 Secretary and Treasurer, and three stockholders, residents of the place 
 where the next annual meeting is to be held, whose duty it shall be to 
 verify all proxies and report to such meeting the number of shares repre- 
 sented in person or by proxy, as soon after its assembling as practicable. 
 
 II. It shall be the duty of the stockholders to report themselves, and 
 dehver their proxies to the Committee as soon after their reaching the 
 place of meeting as convenient. 
 
 FORM OF PROXY. 
 
 I (or we) hereby constitute and appoint our Agent and Attorney to 
 
 represent the stock owned by me (or by us severally) at the next meeting of the stock- 
 holders of the Western North-Carolina Railroad Company, and at all adjournments of 
 the same as fully as I (or we) could if personally present. 
 
 Witness (A. B .) 
 
 Which shall be signed by the party and attested by some Justice of 
 the Peace, Clerk of a Court aforesaid, Notary Public, or Director of the 
 Company. And none but a stockholder shall be a proxy. 
 
 FORM OF TRANSFERS OF STOCK. 
 
 Know all men by these presents, That I (A. B.) for and in consideration of the sum of 
 dollars, to me in hand paid by (C. D.) the receipt and payment of which is 
 
 hereby acknowledged, have bargained, sold, assigned and set over to the said (C. D.) 
 
 shares of the Capital Stock in the Western North-Carolina Railroad Company, 
 
 ■which was subscribed by me in the books of said company (or, which have been pur- 
 chased by me, as the case may be)— to have and to hold to him the said (C. D.) his 
 executors, administrators and assigns forever; and the said (C. D.) doth hereby agree 
 to receive and accept of the above named stock, transferred as aforesaid- 
 In testimony whereof, the parties aforesaid have hereunto set their hands and seals, 
 
 this , A.D., 18—, 
 
 (A.. B.) Seal. 
 (G. D.) Seal. 
 
 "Which said transfer sh^ll be signed, either in person or by attoi-ney, by 
 both parties, in the presence of a Director of this Company, some one of 
 the Judges of the Superior or Supreme Court, a Clerk of the County 
 Court, a Clerk and Master in Equity, or a Notary Public, and attested by 
 the same ; and when the attestation is made by a Clerk, or Clerk and 
 Master, or Notary Public, it shall be further authenticated by his seal of 
 office. And said transfer shall be filed in the office of the Secretary of 
 said Company at or before the next annual meeting of the stockholders, 
 and it shall be recorded on the journals of the proceedings of the Board 
 of Directors. No transfer of stock shall entitle a person to vote on the 
 same, unless made fifteen days before an annual meeting. 
 
1 
 
 
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