Savannah morning news. [volume] (Savannah) 1868-1887, 1881-08-22


| eign road are considered as the employees OF
the home road when on its branch. Under
no other circumstances would
any road allow joint use
If its track BY another. Again, contracts OF
| this kind are always only for a term Of years,
| SO that opportunities are offered from time to
time for revision and change, The rjfht By
| condemnation would be one In perpetuity, and
would prevent the older road from making the
| changes which the gradual development OF
railroad business is forcing upon the eOuntry
with succeeding years.
Suppose, for Instance. the thing accomplish
| ed, and the Cincinnati and Georgia Railroad
Company TO have the joint right TO its track
win the Georgia Railroad out OF Atlanta. and
| the georgia Railroad should desire to increase
| ITS yard room by devoting that track to other
| else -
The rights acquired by the Cincinnati and
| Georgia Road would enable it to ohie0t and
| throw obstacles in the way OF the change
Again, 1t ls very probable that in a few years
| there may be change of gauge of some Of the
| principal connections of the Georgia Road and
lt may desire to change its gauge to four Feet
aud eight and a half inches from the rressnt
five feet, in order TO save transfers and DELAYS
and cheaper transportation. Here, again. the
new road could oppose and prevent it.
To force such an arrangement upon a road
by law would be equivalent to forcing citizen
TO receive another into his house to live with
him perpetually with equal rights as TO the
control. or forcing one man to 90 into n busi-
ness partnership with another, and all for no
purpose but to save the new conner some ex-
penSe.
It is no answer to my objections to say that
railroad property is no more sacred from con-
demnatlon than the property of any other cti-
zen. Ihat Is very true, and cheerfully admit
TED. It can be condemned to any other public
necessity, but not simply to be used bv
another party or competitor in the same man
ner IN which l am already applying il. AS
cornt1eld cannot be condemned for B to plant
corn in, nor even for Is to plaut peas In the
rows between AS corn.
The necessity of condemning private lands
for right of way to railroads arises from the
fact that there are no other lands but
private lands They comprise the whole coun-
try, and railroad could not advance a foot
or drive its first peg without acquiring such a
right. But the approaches to a city are as
numerous as the points of the compass, Some
are cheaper perhaps than Others and first
comers to a town, like early birds, get the adj
vantage OF them. The later comers can take
their choice, as they arrive of what Is
left, and it only needs a little money
more or less, 70 make almost any Of
them available There is not city in the
United States where there is not always room
for few more. Even in Chicago they do not
pretend to condemn the first comers for the
benefit OF the later ones. and if Atlanta desires
to rival Chicago she should insist on a COM
plete and Independent line
Again, when farmers land is condemned,
he is paid enough TO buy as many acres of as
good land adjoining. and still carry on his
farming operations as before, and
unmolested But if new road condemns
a part of an old one to its joint use, and brings
on collisions. accidents, quarrels Of
rival sets of employees, and generally a
state of affairs which would make life n bur-
den, must the old road be forced, in self de-
fense, to go and hunt new approach ? Yst
even that would be preferable to an enforced
joint use.
And now wish to go a step further and saw
that If the Georgia Railroad is to be forced to
deal with anybody, it should at least be
allowed to deal only with c. rporations which
present reasonable certainty of remaining
solvent, unless the State is prepared to guar
antee their solvency.
Now most respectfully submit that there
are some peculiar features in their charter
which would make me extremely reluctant to
become its perpetual rartner in the Joint use
OF track, or in any relation in which it may
have bills to pay
In the first place. its capital stock is fixed at
the enormous amount of $i6O00000 with the
privilege OF increasing it TO S25 600, 600 and its
power to issue bonds is unlimited The
amount of stock is in itself an evidence chat If
Is not to be paid up. No fluid but water Is
used with such extreme liberality But. even
II there were any doubt npon this point, it is
removed by another provision in the charter
Usually there is some risk in subscribing to
flcticious stock. If the company afterward
gets in debt, and the creditors can prove that
the stock subscriptions have n9t been fully
paid in cash, they can sue the stookhol lders for
the unpaid portion with some prospect of sue
cess But section provides that these snb-
scriptions may TeUeT be paid and vet no Ia
such subscription shall be paid in cash. or that
which the five corporatorS named in first sec
tion shat deem its eqtirGleRt." The books are
to be opened, not publicly but at such
time and place as the corporators select. Of
which no one else need have any notice
What is to prevent their meeting in some
back parlor at night and subscribing the whole
$16,OOoOOO, and then receiving sixteen bushels
of chips and sixteen pecks OF whet stones or
sixteen acres of wild land, and passing reso-
luton that these things shall be deemed
m fnr fhos. -.
stock declared fully paid up, ard the stock
holders relieved from any liability to future
creditors of the company? And then the com
pany may claim in the papers that it has in
vested SIC 600, 900 in Georgia.
do not assert that such viii be its action:
but it has at any rate very carefully provided
the power of goiog as far in that direction as
1t SUITS its purpos s TO go.
1t is none OF my business unless / am 10 he
forced to become an un iling partner with it
in the operation of piece Of joint property.
But, IL am to be. l earnestly beg the com
mittee to so modify this proposed charter that
the stockholders may be liable for the debts Of
the company to the amount of stock sub-
scribed and not fully paid up an hard ,-nsb
and not afterwards redivided. but ncfil,
ally expended upon the road before
the placing of any bon1 or mortgage
whatever on the property; for. as the charter
now stands, its freedom to issue mortgages
and bonds is perfectly unlimited; being in that
respect, as well as IN many Others an excep-
tion to every other charter in the State so far
4
the property with mortgages that no creditor
can ever find property subject TO levy
therefore object and protest with the ut-
most earnestness on the part Of the Georgia
Railroad, first, that no person or corporation
should be allowed the joint use of our
property. Railroad property is OF that
character that 1t cannot be used in common
ercept under conditions of joint consent and
even then, experience has proved that such
Joint use is attended with more than ordinary
risks To compel me to share it with any one
is practically to contiscate it. / would rather
have it condemned utterly and taken away for
good, paying me reasonable compensation and
giving me at the same time the right to move
off to myself and be unmolested in the futIgre
Andnext, Iprotest that if am forced to deal
with anyone want at least to deal with corpo-
ration constructed on a less Watery founda-
tion, for there would be constant expenses and
accidents which have grave fears I would be
compelled to liquidate the whole outlay.
All OF the considerations and objections which
l have named, too, apply with a double force.
where the property proposed to be condemned
Is that affording access to city and the terlni-
nus of n road. where its trains are made mn II
is on that portion of the track that an enormous
ana constant amount OF shifting of trains goes
on by day and by night. 1t would be lad
enough and dangerous enough waY out upon
the main line where only regular trains nssq
Even there tooatld prefer to build a double
track ana make 1T present TO another. Tond
rather than haze them use 1T jointly aotth nae.
except on my own terms and conditions
But coming into the city of Atlanta / have
Nv AOOhn w DuAAA AcubAc ana III
compelled to provide the means for the Gin
c1nnati and Georgia Railroad TO get into at
lanta, would rather make the Contribution in
money to whatever extent the Legislature
may see fit; for no money could Compensate
Tor the risk and annoyance and loss of having
them there.
And to avoid any possible misapprehen-
sion, L wish to close as l began with
she assertion that l am making no objection
whatever to this roads having a charter, and
and unrestricted, so far as its power to build
roads and branches is concerned But do oh
ect to its being allowed to conhscate other
people roads, or to my being forced to become
It's partner.
Charter it only in such way that the public
Will be safe in dealing with it, and then turn ft
oose 70 go as 1t pleases. If it has any merit it
Will make its own way. If it has none the
sooner that is made TO appear the better.
Very respectfully, E. p ALEXANDER
Terrible Loss OF Life.
Millions Of rats, mice, cats, bed bugs.
caches, lose their lives by collision with
Rough on Rats" Sold by druggists. 1sc.