Savannah morning news. [volume] (Savannah) 1868-1887, 1881-08-22
THE COLE CHARTER.
SOME OF ITS EXTRAORDINARY
PROVISIONS.
Argument of General E. p. Alexan.
der Before the Senate Committee
ON Railroads. August IT.

Argument of General e. p. Alexan.
der Before the Senate COmmItte.
ON RailrOadss August II.
Gentlemen of the Committee: I beg Eeav,
to ask at your hands certain notifications O
| the charter Of the Cincinnati and Georgia Rail
road Company, recently passed by the Hous,
| or Representatives, and now In the hands o
| your body for consideration.
BEFORE proceeding, however, to point out tn,
notifications which feel myself bound to ask
IN justice to the Georgia Railroad, wish Il
state as positively and emphatically as possibl,
that am making no objection whatever to thu
grantlng OF charter to that company. and al
State.
l have seen through the public press tha
ooJecuon has been made by some to granting
that the Louisville and Nashville interests wer,
lnstlgatlng that objection. This beg leave tx
centradlct and deny most positively For my
self viii say that am opposed to the Statt
protection OF any interest tchGteUer he
heve in free trade and free competition on al
sides.
Ny creed is that no railroad. no city, nc
town, no trade, no manufacture and no indi
v1oual business has any right divine or human
TO be protected; or to protect against the ex
istence or growth of any rival railroad city
any kind which is able to gain a foothold and
make its way in the world. Let the struggle
go on, and the fttest will survive.
For the Louisville and Nashville Railroad
beg leave to say that It expects to hold its own
business by the facilities and accommodations
II is able to give its patrons It we'll knows
that triumph gained in any other way
would be delusive and sRort1ived; and it
is working not for temporary success but for a
permanency. But it has become fashionable
In Georgia within the past year. when it was
desired to excite prejudice against anything
before the people, to cry out that the Louis,
vile and Nashville Railroad was at the bottom
of it. Perhaps some of you may remember
how much of this was heard in the last cleo
tion for Governor
The fact was that that conpanv not owning
foot of railroad in Georgia, had no more in.
terest in the State contest than If it had been
in oregon; and when the cry was raised some
weeks ago that the Louisville and Nashville
was opposing the granting of a char
ter to the Cincinnati and Georgia
Railroad. l was only amused bv it,
and never for moment imagined that our in
terest in the question of this charter would ever
be any more than it had been In the election of
Governor.
Bear with me for moment while endeavor
to explain that the building of the proposed
road from Rome to Atlanta will not be an in
jury to the Louisville and Nashville Railroad
The principal business of the Louisville and
Nashville Road in Georgia lies in bringing to it
the products OF the West. Our rails stop at Chat
tanooga The State Road, free to all cannot
discriminate against or refuse to receive our
freights and bring them to Atlanta for distribu-
biOH On equal GeFHlS 30 long that iN the
case we are entirely satisfied with the aitua-
ton. But, in little more than eight years,
the situation will be changed by the expiration
OF the lease Of the road When that time
arrives 1t must be clear to every one that il will
be to our interest that there should be two
roads in existence,
Should we desire to purchase the State Road
the price viii be materially less; and should
we not desire to purchase it, we can still
be assured, with our large business of
securing fair treatment from one or the
other. 50 that, looking into the future we
have always desired that, by the end Of the
lease, competing line should exist in some
shape.
There Is nothing hut common sense in this:
and 1t bears out the sincerity of my decIara-
ton that the Louisville and Nashville Road
makes no objection whatever to the grs4hing
OF charter, and as liberal charter as Is
possessed by any other road in the State.
But the charter which is proposed only came
under my observation day before yesterday
and to my surprise | found in it 8 provision
which has brouggt me before you 1t is pravis-
ion which has never been granted to any other
road In this state: nor, so far as know, in anV
other State; a provision which has no foupda-
ton whatever in justice or right, and which
consider is in effect no better than a proposi-
tloa to rob the Georgia Railroad, and possibly
other roads in the State, including the States
own property, the Western and Atlantic Rail-
road; provision, moreover, which as a rail-
road manager, and with some experience in
JheSe matters, believe 10 be entirely imprac-
ticable to be carried out without constant acci-
cents to property and danger to the lives and
limos OF all who travelupOn, and are employed
by, the railroads.
Bearing in mind, there fore that am making
no objection whatever to the issuance of the
charter itself, proceed to point out the pro-
vision in the charter, to which do object and
the reasons for my objection
the provision is found in the ten'h and
eleventh sections of the charter as it has pass-
ed the House, and it provides that the Cincin-
natl and Georgia Railroad Company shall have
49,
right or way and three miles of the track of
any one railroad company where it desires to
enter any city, upon payment of such damages
as may be assessed by a board of assessors
The novelty of this proposition to me Ia SO
great that | can hardly believe that it oriei-
mated with any one Of railroad experience and
knowledge; and its GOODNESS certainly suggests
higher latitude than this as its BIRTH place.
Under this privilege, the Cincinnati
and Georgia Road can acquire three
miles OF track in Rome, six miles
three in Brunswick, and three in Savannah at
a very small cost. In fact, its terminal facili-
ties. for which most roads have to pay heavily
are to be practically presented to it by the
l say practically presented to it because. un-
der the rule laid down in the charter it will
only have to pay what is assessed by board
OF assessors as actual damage done'' bv the
''use" of the track condemned
Now. as the original company has to lay out
the investment for all OF the land grading
OW.G0
done" will only be the wear of the track by the
passage OF the engines and cars of the Cfncin-
natl and Georgia Company. The latter compa-
ny will therefore, have the benefit of all the per
manent investments OF the comDanies whose
property it condemns, and the only excuse or
justification which it can offer for its modest
demanos is that it desires to have these facili-
ties at a less price than ft will cost To bI1v and
build them for itself It is absurd to saw that
they cannot be had in any other wav
Gentlemen representing this company have
had great deal said in the papers about the
millions of money they are bringing to Geor-
gla. II they can get the Legislature to give
them the right to use other peoples property,
they will be able to take the greater part of it
back: But If they have the money to
their readily obtaining not only equal,
but greatly superior facilities to any
that now exist in any city in Georgia, and If
are not entitled to have them,
The Pennsylvania Railroad. which believe
has no more. If as much capital as this COM
pany is providing for, are now establishing
themselves in the very heart of Philadelphia,
mile beyond their present depots; in a city
compactly built, and where property is ten
times more valuable than In any city In Geor-
Rta; and they are doing this am Informed
without any condemnation, but by purchase In
open market.
1 don't believe the courts will sustain such a
feature as this in charter as constitutional
II l owned a house, the State may condemn
1t for fort or a powder magezine, or for any
public necessity. But it cannot condemn it
simply to make me let some other person come
and live in 1t with me. 1t cannot condemn 1t
simply to be applied by another party to the
same use to which am applying 1t. If it has
the right to condemn three miles, it will have
the equal right tn condemn thirty miles or
three hundred. And IL the Cincinnati and
Georgia Railroad Company have this right at
all, am very much obliged to them for their
modesty in not asking charter at once to con-
denim the whole Georgia Railroad.
and
the committee are probably aware is a rival
and competitor for business with the Cincip-
natl Southern; and the Louisville and Nash
vile has recently bought the L., c. & L. r. r.,
which terminates on the south bank of the
Ohio river, and depends upon lease and con
tract with the Pittsburg, Cincinnati and at
Louis Railway for its access to Cincinnati Inv
bridge and its terminal facilities in the city.
The Cincinnati Southern has a bridge of It's
own which cost it, perhaps, q million dollars
how would IL strike this committee to hear
that the Louisville and Nashville Road was
seeking to condemn the Cincinnati Southern's
Drldge and It's right OF way into Cincinnati for
its own use? And, especially, how would II
strike them to hear that they proposed to pay
for this use only the damage that would be
zone TO the bridge by our trains passing over
Doubtless the Cincinnati and Georgia Rail- |
road Company have an agent in Atlanta some |
times to look after their interests. It would be |
exactly on par with this application IL they |
should, 70 save themselves as much expense ag /
possible, apply to the Legislature to give that |
gent the right to sleep In the same bed with |
any railroad man in Atlanta on paving aa 1
damages what it would cost to wash the |
sheets.
As to the right to cross the Georgia Railroad |
Or any other railroad Ia the State. I have M |
objection to make. But would suggest to the |
committee that, even in crossing thev ehonId
be required to cross not at grade but either hS,
overhead bridge or tunnel as a measure ~ |
pubic saIety. All crossings are elements OF /