The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1869-09-10

the claims which the Government now
seeks to enforce. and it is to secure pay
mcnt of these claims bv sct-off that these
railroad companies now refuse to pay
the Governments.
"To break down their claims. The 10
vernmcnt, through the advice and assis-
tauce of selfish and spiteful enemies of
the roads, caused Il criminal prosecution
to be instituted in the United States
Court at this place, against the officers
of the East Tennessee and NirginiaRail-
road, charging them with conspiracy to
delraud the Government by presenting
false and fraudulent claims for payment.
The claims alleged to be fraudulent
were the claims | have Just described.
Ihls case was tried before Hon. Con.
uoI'i .n Gt + 'iS3 any J"' a. 'nc !olil oi
investigation. during which tbe Govern-
ment made desperate effort to impeach
the Justice and legality of the claim, the
Jury. after a consultation of some five
minutes. returned verdict of not gull
ty. This legal proceeding, fairly con-
Quoted, fully sustains the Justice Of the
claim which these companies present for
payment. and should have great weight
with the officers who have this case un-
der supervision.
The iustnrss of their claims having
been sustained, the Government can af-
ford TO treat them fairly. Under the pc
cuiar circumstances which now sur
round us as IA people, these Companies
cannot now afford to pay this debt which
the Government demands. The earn
ings of the roads are about exhausted
in operating them and in paving the in
terest on their heavy Indebtedness to
the State.
"They cannot. in good faith to the
State, their creditors and the people,
voluntarily surrender the roads. What
steps the Government will take remain
| TO be developed"
Tho yy,oeg corrcsrondont wb;Ie oer-
a,,.. -. :, o.,
.'"i.! WI A'' ni' e'"'tA'eh'e' n"' i"i-
len INTO All error Ill regard 10 the exc
cution of "mortgagcs" of the roads and
rolling stock to the Government. The
bonds were signed under the circum-
stances above detailed, but no mortgages
were executed. In fact, aside from any
l"duress," any such mortgages by the
Presidents OF the roads would have been
utterly unauthorized and worthless.-
Such procedure could only have been
had under the express authority of the
stockholders.
Again, it may be further stated that
the claims Of the two roads combined
exceed the claims of the Government
by at least S1OU,WU. The property which
the Companies turned into the hands of
the Government officials, at the outset.
lConsistilg OF euglucS. ears, iron, copper,
oils, wood, lumber, Ne, &c., amounted
to as much as the Government claims.
Bearing i'll mind the use OF the road-bed
for almost two years,the charges against
the Government for transportation since
the roads were restored to the Compa-
mes, oWeil the amount OF thelr just de-
inands TO nearly sl,2OO,UU as against
about soUDOUU claimed Dy tie Govern
ment. ms deDt, although as Just an
one as was ever preferred against a
DEBTOR, lhe government has persistent
~ refused 10 r"coShlZe, OF at any rate
10 allow, Whlie at the same time 1t is
pressing the collection CT Its own lnte-
rlor demand. nile, with one hand
holding at bay the Companies, with the
other the Government Is seeking to
grasp control of their roads, upon the
strength OF Obligations cXtorted under
the circumstances above detailed.
This case is striking illustration of
the monstrous idea entertained of late
years by the great majority of Govern
ment officials, Of public and private JUS
tice. They seem TO act upon the prin-
ciple that the Government is intallible,
and that the orders OF its officials are
unquestionable i'll their validity and au-
thority--and that it Is sheer impudence
to oppose q private right against the
wrong Of a public officer. Because, in
a time Of war their arrogance was pen
force submitted to, they yet seem to
imagine that all the legal rights of the
citizen are still subordinate to their i'm.
lii the present proceeding they hay,
| not even the semblance of legal pro
cess. lhey are undertaking upon thell
"i om ,hotIon 10 ui' uu'ente tneir owt VI
or donhIr the smonnt onI to nrocaet
"
ont "n ayoc"tinU ora ;,druemt or " ava,
a suit in court. and that, too. in utte,
1isrnuorl nf tbn rityinoI n nd ,,,,inr Ii in,