Cannon_Letter104_49365

Somerville Tn July 30th 1838

Dr Sir

Sometime ago I wrote you upon the subject of the Memphis Somerville + Bolivar T. Pike Road - It was my intention not to say any thing further until the Directors appointed by the State came to examine + certify upon the stock Books + then to prepare a statement to be laid before you with their [illegible]; but I un= derstand that at Bolivar some persons are writing to you + although I cannot ascertain what I am [be?] from [niti=?] mations to believe that their statements will not present a true and fair view of the facts.

1st The charter requires that books should be opened under the Commissioners of each County or any 3 at certain places named + at such other places as they may think proper

2nd Requiring 3 commissioners to superintend at each place. After the The Books from all ^other places at the end of ten days at the furthest to be returned by the commissioners superintending at such places to the Commissioners at Somerville - The Books at the last place to be kept upon until it appears by these returns and the Books [s]hew that all the stock is taken

3rd If on comparing the Books more than $65,000 of stock is taken the books to be scaled by the President + Directors of the Company. And at the first election of Directors all stock entitled to a vote.

Pursuant to the charter John H. Ball [s of?] Henry + W. A. Jones opened books here on the 2nd Monday in

February and sometime in the same month books were opened at Bolivar + [Middleton?] in Hardeman + at [Leaker?], Raleigh and Memphis in Shelby County at the end of 10 days the commissioners at Raleigh returned the stock book with about forty five shares on it. Matters lay so no return from any other place until in June myself and some others here wishing to see the road under way applied to the commissioners here to subscribe. The commissioners stated to us that they had no evidence that more that the 45 shares at Raleigh had been taken + we must take all the balance amounting to more than sixty thousand dollars if we wanted the Books closed - W. did so + they forthwith advertised for an election upon this [+ the?] Raleigh book-

On the day of [action?] a [member?] came from Hardeman + Shelby stating that they were share holder but instead of returning the books there to the commisio= ner here, [cary?] the Court House bill themselves, went into the Court House, resolved themselves into a meeting of stockholders handed in their books to that meeting + proceded to an election.

Sometime after the signing of the Bill and after the meeting was organized by calling in stockholders on the [illegible] book to the chair two of the commisio= :ners here (Jones + Henry) went into the Court House and stayed a short time until they saw from the [co?] on [foot? fact?] that it was determined by the meeting as they considered [illegible] and less of the rights is

share holders here to control the election in a way not to allow us a fair vote according to the stock on [hold?] left the house + refused to participate in the meeting or make any return of the stock book at this place- I understand some writing from Bolivar states that the Book here was presented + then withdrawn [sic]. The statement is false- It [illegible] was presented I [believed?] it had been + was under that impression until the day after. In fact until the day after I thought the meeting was held by the commissioners from [other?] points acting [seriously?] with the Com^rs Law. So far from the stock book having been presented the following are the facts When W. A. Jones went to the Court House he carried [out?] this + the Raleigh Book in his pocket When he got there he went with but one of his Co-Commissioners (Henry) Ball not alluding one of the stockholders on the [Raleigh, N.C.|Raleigh]] book (I believe) asked Mr. Jones to let him to look at but in so doing did not consider or intent it a return to the meeting. Jones one [illegible] called on him for the stock book at this place + he + Henry expressly + positively refused to return it to that meeting. When they left the House which was before any voting for directors commenced they carried this book with them + would ban taken the Raleigh Book also but that in the excite=

ment and confusion of the moment Jones forgot to do so. I met them after they had left the House + asked them if they had returned the stock book here they said not I asked for it + put it in my pocket. I still have it. Even if they had been disposed to make the return they could not have [illegible] without the presence + co-operation of John H. Ball because the charter requires the action of 3 and they had never affixed a certificate that the stock was subscribed &c Mjr Ball refused to act at the Court House that day in that meeting because he was disposed with the course pursued + believed that under the charter the failure of the commissioners at Memphis [Leaken?], [Middlebury?] + Bolivar to make any return of Books for more than 3 months after books were opened + until after all the stock here was taken exlcuded such Books entirely

This meeting in the Court House cast the Majority of its votes by Proxy which I believe the Charter does not authorise + then refused to let some stocks which would have voted on different ticket be voted by Proxy because

the Proxy was not certified by a Justice of the peace although the hand writing of the person granting it could have been proven on the spot.

I remained in the Court House anxious to circulate until they commit to this decision and then left: One of the first decisions which they made was that in [getting?] all questions which might arise during the progress of the election that the stock= :holders present should vote per capita, each one having an equal vote without regard to wright [sic] of stock. by this decision a person owning one share could balance we who held 100. Acting upon this rule they decided that proxies should vote, to which a majority of the stock in the Court House was opposed.

They then decided that a proxy must be cer= :tified by a J. P. to make it valid and that no other [proof?] should be taken to this also a majority of the stock present was opposed.

After I left the House and had got possession of the Book [here?] I wrote in line to the Ruling in the Court House; still ignorant of the manner in which that meeting was organised and also from a disposition if