Savannah morning news. [volume] (Savannah) 1868-1887, 1883-04-17

The Dificulty with the East Tennessee
and Virginia Railroads. Demah" TOT
Reasonable Rates,

The DiHcuIty with the East Tennessee
and virginia Railroads. Demand Tor
Reasonable Rates,
The Iumbermen OF Southern Georgia
have prepared the following affidavit IN
answer to the affidavit Of Major McCrack-
en-. Of the East Tennessee road. published
some time ago:
GEORGIA. FULTON CoUNTH.-Io me
Honorable Railroad COHBt SStoheFS q
Ge0rgia. The Joint answer OF certain
lumbermen and saw-mill owners TO the
petition of the East Tennessee, Virginia
and Georgia Railroad Company through
WV. McCracken. division superintendent
etc resDectfuIlv shows ''that the aSsur-
ance of said lumbeTmen TO this commls-
sion." as set forth in circular No. % Of
your honorable body. was q correct ana
accurate representation Of what was salu
and done bv W. Y. McCracken, the IL
vision Superintendent of said company, al
that time tO-Wit: on 1St March, 1915; ana
these respondents say that they can con-
clusively prove 10 your honoraole pCu1
that in their petition upon Whicn clrcuidt
No. 81 was issued. they neither made
MISREPRESENTATION nor mistakes as 70
what was said and done ny SAID W. v
McCracken.
Respondents admit that said W. y. Nc
Cracker did decline 10 sign any paper or
agreement in relation 10 the questions
made by the said petition which called
forth said circular No. 81. But they aver
and can prove that they did not leave said
W. Y. McCracken with the statement that
they could do nothing without his con-
sent, one of respondents did state 10
said Superintendent that they, respond
ents. could not induce the Railroad CON-
misSioners 10 make such an order as
would carry into effect similar arrange
ments 10 those existing between the
Brunswick and Albany Railroad and the
lumbermen. unless said superintendent
would agree to such order, but none ~
respondents did by act on word lead him
~ suppose that they would not press
their claims. a. set forth IN their sald
petition before your honorable body, or
that they gave up their case simply be-
cause the said W. V. McCracken would
not put in writing sgck attachments and
admissions he had verbally made 10 re-
sp0ndentS; nor can respondents see how
said division Superintendent was so Bit
terly astonished at the result of their
effort 10 have circular No. 81 repealed, (n-
less such repeal disturbed some false no
lions thag said Superintendent had formed
concerning the members of the Railroad
Commission itself. said superintendent
knew that respondents were gong before
YOUR honorable body to urge the changes
sought for under their said petition; and,
as he himself now admits, he was duly
notified 10 appear and contest the grounds
of said petition. which he declined to
do because ''he thought it best for
him 10 remain away. as he had already
refused to consent to such reduction.
and understood the reduction would not
be made without his consent, ETC." From
whom this understanding was derived, or
with whom it was made, respondents are
not informed. Respondents further rep
resent that the rates upon lumber, as
fixed in circular No. 81, are just and rea-
sonable. and refers to the fact that other
important lines Of railroad in Georgia are
hauling lumber at such rates, and lower.
Respondents submit that what, in its pro-
per sense, is a just and reasonable rate Of
freight on line of railroad is not to be
determined by the test as TO whether or
no such railway makes it profitable to
carry freight at that rate.
Your respondents pray that the petition
Of the said railroad company will not be
granted. and that said circular No. 81
will not be annulled.
p. c. BACON.
W. :. HAWKINS.
/. JdHNSoS.
john j. MCDONOUGH.
sworn 10 and subscribed before me, this
18th day Of April. 1888,
j. II. JONES,
Notary Public, Fulton county, Ga,
HENRY b. To1iPKINs.
Attorney for RESPONDENTS.