Savannah morning news. [volume] (Savannah) 1868-1887, 1884-11-07

1t viii be seen from the report of the At
torhey General that the litigation necessarl
70 recover from the Citizens Bank of Atant;
ana Bank of Rome the balances of S572lS s
anu SZI,65f 50. respectively, due the State. ha
% n%1t terminated. Decisions have been obtained
Isntin WI f probably result in the speedy col
ectIoh OF the amount due from the Bank o.
Rome out of the securities of the bank. Viror.
GUS efforts will be continued to press to suc.
cessIul termination the suits now pending
! upon winch depends the collection of tht
| amount due from the Citizens Bank
, Inc details OF other litigation pending il
the courts OF Georgia and OF the United States
| IN Wmch the state is interested, are c'early
| and fully presented. A careful examinafioI
| VIII show that the States interest in these
cases has been watched with vigilance and
ability by the Attorney General.
RAILROAD COMMISSION.
The attention of the Legislature is invited
| TO the report of the Railroad Commission
which gives in detail the work of the com
mlssloners, and embodies suggestions of great
| Importance. The subject of State regulation
! OF railways has provoked violent discussion
ana wide divergence of opinion. In Georgia
| II i5 a practical, rather than a theoretical.
| qHesuon. The constitution imposes the duty
! upon the Legislature, and the latter has, IN
! my judgment, wisely deYOlved il upon a per
manent commission. The experience of five
| years in the administration of the law has
demonstrated the need for amendment in
CERTAIN particulars, suggested in the report
IL Is not the purpose of the statute to assume
the management of the railroads, or in any-
wise to infiIct injury upon them
klgntly administered, the important powers
vested IN the commission should result in ben
eht to the railroads and to the public. There
can be no real conflict of interest The public
Is entitled to prompt and efficient railway ser
vlceifor the accommodation of travel and traf-
nc,tor which the railroads are entitled to sufli-
clent compensation to cover operating eN-
penses, the cost of maintenance, Improvement
ana renewal OF the property, and in addition
fair average return for the value of the in,
Vestment and the risk incurred. The Office of
the commission is to determine, in case of dis
pute between shippers and railway managers
What Is just and reasonable compensation
Unless provision be made for appeal to the
courts at the instance of either party to the
controversy the power of the commission
would be unlimited and its exercise might
become arbitrary. | recommend, therefore
that the suggestion of the commission on the
subject of appeals be adopted in such pro-
visions as the wisdem of The Legislature NAV
ueVlse. II VIII be necessary to provide for
speedy trlal IN the Superior Court and prompt
review by the Supreme Court, for suspending
the order of the commission for reasonable
tllne, WITHIN which final decision can be OBJ
tanned, and for preventing any abuse bv
either party, of the suspension. A further
provision should be made for notice to all
partles IN interest, so that they may have a
nearing before the commission prior to any
decision involving their rights.
NEW CAPITOL.
The Capitol Commission has submitted n re-
port OF great interest. The people have never
felt that the present capitol building was
adapted TO the purpose, or worthy the dignity
OF the state. 1t affords no ADEQUATE protec-
ton from the danger of fire to public records.
documents and archives of priceless value
1t has been found impracticable to remove
any considerable portion of them TO another
pace IN the CITY OF great security. Our
chlef safety lies in the Watchfuness of
olhclas and guards. In the event Of a
great hre IN the city of Atlanta. the State
is liable TO suffer irrcparabie loss These con-
slderatlOns induced the Legisi ature to nrO-
Vlue Tor the erection Of new and permanent
capltol, compatible in all respects with the
CROWN ana needs OF the TIA e. One million
collars was set apart for the WORK. and it was
desired to furnish q conspicuous example of a
public building of large Dimensions erected
within The first appropriation. Careful pro-
visions III the act of Sept. ,. 1853, emphasized
this purpose. The time of construction is to
cover more than five years. That there NAV
be no necessity to increase taxation, as we
are forbidden to increase the bonded debt
even were 1t desirable to do so. the commits
sion has, without wasting day, consumed
one year IN Investigations, and in procuring
plans, ana perlectlng contract fer The build
ing.
An examination of the design and of the
plans aud specifications, showing details of the
structure. will satisfy intelligent persons that
the building, when completed, will meet all
the requirements OF State capitol; while an
examination of the contract for its erection
Will show that the interest of the State has
been carefully protected in all its provisions
whole amount appropriated; but it must be
borne in mind that all incidental expenses
anu contingencies for five years, including the
cost OF enlaFging the capitol lot, must be maid
from the sum appropriated. The law cannot
be carried out without reservlng q fund to
meet contingencies which cannot be fOreseen.
ohould IL appear during the progress of the
work that the sum reserved is larger than nee
essary, provision has been made for changes
in the material and style OF workmanship in |
any part of the structure.
iS rYsal4 }, ,.oI,.1,
tol built mainly of Georgia stone. This de- |
sire is expressed in the act, but it is coupled |
with the condition-just to all sections and |
people of the State-that preference shall NOT |
be given to Georgia material unless this can |
be procured as cheaply as like material from |
other States. Granite rock and marble are to |
be used as far as practicable in the construc |
tlOn. IL was found lmpractcabe to use gran
ite beyond the foundations and base course |
around the building, which will he of Georgia |
granite, or to use marble for other than inte- |
the use OF Georgia granite or mar |
bic above the foundation, or to
furnish marble on terms which would
enable the co ommIssion to erect a suitable |
building within $1,000 90. ] he most promi-
nent stone work will be of oolitic limestone, a
stone unrivaled in the three essential qualities
omDlned-cheapness, durability and beauty
Other stones, GRANTEES or marbles NAV surpass |
ooltIc limestone IN of these several |
qualities, but none equal it in all. The work |
OF construction Is now in progress, but the |
nave wisely reserved the right |
to change the design OF material, or c0nstruc- |
tlon, In their discretion, on terms Just to the /
Any modification may be made /
which the wisdom of the General Assembly |
may authorize or require.
THE PENITENTIARY.
The report of the Principal Keeper, includ- |
ing that OF the physician, of the penitentlary.
furnishes in detail a comprehensive account |
Of our system for the punishment of Criminals
II Will be seen that the number of cOnvicts on /
oct. 70, 1854, was l,377. leased under the act of
teD 70, 1875, for 20 years from prll l, 1879, to
lnree companies. This was an Increase of I35 |
over the number in confinement at the same |
date of 1882 The death rate was less than |
per cent. per annum, which, although higher |
than the exceptionally low rate Of the two |
previous years, is lower than the death rate of |
The penitentiaries of O majority of the States,
and compares favorably with that of any State
in the Union.
COnvicts are no longer held by the Marietta
and North Georgia Railroad Company A /
controversy before the courts and before the
Executive has long been pending between
penltentlary companies 2 and g. COM
and the Marietta and North Geor-
gia Railroad Company, defendants, to test the
convicts.
declined to take them from the railroad. /
and left the matters IN dispute, of law and |
fact, to the decision of the courts where the
parties had carried them.
The General Assembly, IN the resolution |
Of Sept. 26, 1888, directed the Executive to /
deliver to this company 250 convicts for three
years, or until the completion of the railroad |
to the North Carolina line and of certain
branches. Constituting this resolution as |
of existing laws on that subject
which were the subject matter Of lltlgat on. | |
directed the Principal Keeper to deliver to
the railroad company $50 cOnvicts, including
the number then in its possession. Under
this thi order oonvicts were. delivered to
6nIs company until an injunction was |
obtained by the compIainants in |
the above case, restraining the Prlnci- |
pal Keeper from further deliveries. Subse- /
quently the Supreme Court of the State de- /
clded all the questions involved in the con- /
troversY, some of which are of great publjc /
interest. The resolution of Sept, 20, 1888, was |
declared null and void because it sought to /
impair the contract between the State and the /
lessees of the convicts. The creation of cor /
porations by the act of 1876 for the purpOse of |
holding and working cOnvicts and OF contract |
ing with the State, was sustained. and the |
power and duty OF the State to regulate the
management OF the convicts were declared. |
Questions of fact were RENTED
to the Superior Court for trial. The case has
been decided against the Marietta and North |
Georgia kallroad Company, and in pl rsuance
Of decree of the court, the cOnYicts have
been delivered by that company. to Penlten-
Llary Companies numbers and 3.
An examination of the reports will show
what efforts have been made, and the success
which has attended them, to carry into effect
the humane provisions of our laws tor the
of the convicts, and the faithful
ness of the officials in charge of the Peniten-
tiary.
1 commend to your attention all the sugges-
tions made for the improvement of the system,
that of the Principal Keeper for
the establishment OF house of correction for
youthful offenders.
herewith send you list OF the reprieves,
and pardons granted by me
since my last message of Sept. 20, 1888, as re-
luired by the constitution.
DEPARTMENT OF AGRICULTURE.