Savannah morning news. [volume] (Savannah) 1868-1887, 1882-03-17

The decision of the Attorney General
of the State to the effect that the bond OF
the lessons of the Western and Atlantic
Railroad is invalid, inasmuch as the
Central Railroad and other endorsers of
that bond have no legal authority for
becoming such endorsers, and are there
fore not legally responsible for losses to
the State through the non.fulfllment OF
their contract by the lessons, has invest
ed this subject with considerable inter
est. 1t will be remembered that
last summer, during the session
Of the Legislature, the question OF the
validity of this bond was raised, and
Senator Brown, the President of the
lease company, made an exhaustive argu-
ment before the Legislature in defense
of its validity, and that body passed
resolution authorizing the Governor to
take possession of the road if the bond
was not entirely satisfactory. 1t was
after the adjournment of the Legislature
that the question was referred to the
Attorney General, which reference has
resulted in the above mentioned decision.
The lessons still maintain their former
position, and contend that their bond, as
it now stands, is entirely valid, and they
propose to test the matter in the courts.
1t is stated that if this legal fight Is made,
it will probably come about in the fol-
lowing manner: The Governor will no.
tify Senator Brown that if new bond is
not filed by a certain date the State will
proceed to take possession of the property,
and the first step in this direction will be
a quo ,carrantO directed against the les
sors. The latter will then attack the
Attorney Generals decision. and attempt
to prove the validity of their bond, and
this question will be tried first in the
Superior Court, and then probably it
will be carried, on appeal, to the Supreme
Court. If this last tribunal decides in
favor of the lessons, it will end the mat
ter; if not, the lessons will either have
to surrender the property or give new
bond.
This bond will amount to $S,0O0,000
We presume it can be given without any
difficulty, aud so long as the road is
prosperous and can pay into the State
its rental, 100000 per annum. the
lessons will never consent to surrender
their lease. Heretofore thIer payments
have been made with great regularity,
and the lease has proven profitable to
both the company and the State, and
there is, we believe, no just ground for
fear that any different state of affairs
will exist in the future. True, when
the Legislature granted Col. Cole char
ter to build a road to compete with the
Western and Atlantic, after the State had
expended upon it so much treasure, and
had succeeded in converting the section
through which it passes from a wilder
ness into a region of great prosperity, it
acted contrary to all precedent, for never
in the history of this country did any
State ever legislate so directly opposite to
her own interests. Nevertheless, although
that the deed is done, aud the Cole COM
peting road is being built, we do not
anticipate any serious loss to the road.
1t passes through a rich and constantly
progressive section of the State, and we
dare say there will be business enough
for both roads to enable them to easily
sustain themselves and realize good
profits besides. If If stcSid result other
wise, however, and the State should
finally lose money on the Western and
Atlantic Road, which has proven such
remunerative property to her in the past,
she will have only herself to blame.