Savannah morning news. [volume] (Savannah) 1868-1887, 1882-08-29
Atlanta Constitution, eth.


AtIdRtG Constitution eth.
The argument in the matter of the State
| Road lease has attracted very general atten-
ton in the State. Not only Is It one of the
most important cases ever considered in
| Georgia, but 1t is one of especially popular
interest, as the property involved is the
property OF the people. When the lease
| was first made the question of the bond and
its Endorsement was discussed. It came up
| sharply in the Georgia railroad convention
| OF 1871, where part of the stockholders,
| speaking through General Toombs aud
| Judge Linton Stephens, denied that Presi-
| dent John 2. King and the directors had the
power TO bind the road as indorser on the
lessees' bond. Senator Ben Hill and other
eminent counsel held the Endorsement good.
The question has never been definitely set
tied as to the Georgia or any other road in
terested. The consideration of the Gues-
ton of forfeiting the lease was precipitated
In the last Legislature by the supposition
that controlling interest in the lease had
passed out Of the haudsof the original les
sees and out Of the State OF Georgia. con-
trary to the provisions of the act authoriz-
ing the lease. A long investigation was had
before special joint committee, which re-
ported that the Attorney General should
investigate the bond and the ownership of
the lease and report his conclusions to the
Governor. His opinion appeared several
months ago, declaring the bond insufficient
and the ownership of the lease controlled
not only by parties not In the original lease
but also by parties outside the State. After
the sixty days allowed by law for the
strengthening OF the bond the lessees took
took no action in the premises The Attor-
ney General then filed writ of information
In the nature OF quo warranto directed TO
the superior Court OF Fulton county asking
by what right the Western and Atlantic
Railroad Company claimed to be a CORPORA
tion and to exercise the franchises granted
on conditions which had not been complied
with. This raised the issue which Judge
Willis, Of the Chsttahoochee Circuit.
has just heard argued by the distinguished
counsel. The case was set first for
the 10Th inst, but was postponed until
the 23d. The defendants motion to dismiss
the writ of information was overruled after
days argument. Then came more stub
born fight on the demurrer. Able argu-
ments were made by Attorney General An
dersoD, Judge Lyon and Captain Harry
Jackson, for the State, and by General Law
ton, Julius L. Brown, Major Cumming and
Governor Smith, for the lessees. After three
days OF sharp legal skirmishing the argu-
ment on the demurrer was resumed vesfar-
day morning at the State Library. The
State had finished Its argument and the last
speech to be made for the lessees was that
Of Governor Smith. He occupied nearly
two hours in his argument and delivered q
remarkably clear and forcible speech. After
he concluded Judge Willis said that after
hearing the argument he would overrule
the demurrer OF the counsel of the lessees
to the writ OF quo warranto of the
Attorney General. Counsel for both sides
then consulted as to what course should be
pursued further in the case In a few mo-
ments the counsel for the lessees through |
Mr.. Julius Brown submitted bill of excep. |
tions reciting that the Judge had erred in |
overruling the motion to set aside the At |
torney Generals writ of information. and |
that he also erred In overruling the demur- |
rer. in conclusion the writ asked that the |
Judge certify to the bill of exceptions, and |
that 1t be made returnable to the February |
term of the Supreme Court Attorney Gen |
eral Anderson asked that before the Judge |
signed the bill he would like to inquire Why |
the bill of exceptions was not made return
able to the September term of the Supreme |
CourS. The Judge said that point was in |
his mind, and he desired to hear from cOuu-
sci on it. After brief remarks by Mr.. Julius |
Brown and General Lawton for TIE lessees,
and Captain jackson for the State. the |
Judge said he desired to hear no further on |
that point.
The Attorney General had also raised The /
point that any bill of exceptions to the |
nled pelde1te lite, and could not stop |
proceedings on the merits of the case In the |
court below. This point caused the most
spirited argu0e of the entire case. Mr.
julius Brown, General Lawton and Governor
Smith argued for the lessees that the de-
murrer had touched the merits of the case;
that II 1t had been sustained there would |
nave been an end OF the present proceeding
and then the States counsel might have |
appealed. Therefore, as the demurrer had
been overruled the court ought to allow the
Dill OF exceptions to 90 tn the Supreme
Court, as 1t might, IL sustained there, be the
hnality of the issue. Counsel for the State,
Attorney General Anderson and Captain
j Jackson, replied that the prevalence OF
such rule OF proceedings as that asked by
the opposing counsel would effectuallY clog
the wheels of justice and allow an appeal to
Inc supreme Court on any demurrer that
might be introduced. After some very
sharp legal sparring the court decided that
ne would not sign the bill of exceptions at
that time. Counsel for the lessees asked
why he refused to sign it. The court then
sald tnat the proper bill for him to sign now
would be bill OF exceptions, pefade7ste lite,
but that he did not propose to sign the
bill presented, which would stop the
regular course of this case in the
court below. Counsel for the lessees
then asked Judge Willis II he would in
1orse on their bill his reasons for refusing
TO sign 1t. He at fi,st said he would not do
so at that time but after the counsel for the
lessees had consulted the Judge said he
would 1ndorse on the bill his objections to
signing 1t. He then gave counsel until three
O'CLOCK to determine what further course
'ney would pursue in the case. At three
CLOCK the court met at the court house.
AFTER some remarks by counsel as to the
further progress of the case it was agreed
that under the decision of the court it must
now go to jury, and the 14th of Septem-
Der was get as the time for calling the case
again before Judge Willis. The plea of
the lessees which was summoned by Mr..
Julius Brown will then come up In answer to
the "quo warranto' of the Attorney Gener-
al. 1t generally denies the facts recited in
that document, and among other items
charges that II the lease is forfeited the
State will be liable for the $66, 600 counsel
fees, which 1t has thrown upon the Iessees
BY continual agitation Of the legality Of
their title; that the State cannot be brought
Into court except by own its consent, and as
It is now In court on this issue II the lease is
decided forfeitable the lessees will claim
judgment for 81 800 900 betterments put bv
them on the road. The plea is very long
and exhaustive and contains matter which
the States counsel may move to strike out
oY demurrer. The trial of the case before a
Jury will be one of the memorable cases I'm
Georgia A large number of witnesses from
all parts of Georgia will be summoned, and
the able counsel who have displayed so
much learning and ability in these prelimi-
nary skirmishes will be afforded a wider