The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-12-06

ture to meet such a claim, the lessees have
paid the tax for several years. AS the state
OF Tennessee assesses the western and At
lantc railroad which is really the prop
erty of the state, and does not assess the
tax against the lessees of the Western and
Atlantic railroad, or against the Western
and Atlantic Railroad Company, for the
last two or three years We have paid the
tax through a trustee, who has taken con-
| troll Of the fl. ia. against the Western and
Atlantic railroad under the laws of that
state. We only resorted to this course after
long delay on the part of the state to re-
fund what we had paid on her account for
tax in Tennessee, and to meet our just de-
mands that she pay the tax due by her and
protect the property, as she was legally
bound to do.
We want no litigation with the state of
Georgia. We have made it a point from
the first day of the lease to meet every obi
CATION promptly, to pay the rental on the
very day it was due, and to comply in good
faith with all our obligations to the state.
We have been successful thus far in comply
ing strictly with the contract. At the end
of the lease, the whole sum paid for the use
of the road for the twenty years, will
amount to $6,000,000 We have already
paid into the treasury as rental, since the
commencement of the lease, the sum of S.,
$50, 900 in cash, and we have seldom, if ever,
been day behind in making any one OF the
payments when it was due. Our intention
is to continue promptly to discharge our
obligation to the end of the lease, and then
to turn over the road to the state in as good
condition as zoe received i, in
the state will allow us the
reasonable value of the improvements, we
will turn the road over in its present excel
lent condition to the state
l am aware, as already indicated, that
differences of opinion exist on this subject,
and that there may be differences of opinion
among the members of the general as
sembly.
Now, beg leave to assure the general as
sembly that neither nor my associates as
lessees desire anything from the state that
is not strictly legal, equitable AID just.
All we ask is a fair, reas nable settlement,
and If we return the road in greatly better
condition than we received it, that we have
just and reasonable compensation for the
improvement. II the law and equity and
justice of the case are with us, then | sup
pose every honest man will say that the
state of Georgia cannot afford to deny us
justice. If the law, equity and justice is
not with us, then we have no right to claim
anything, and do not desire it. We take
one view of that subject, and some of the
members of the legislature may take a diff
ferent view. This makes an issue that must
be adjudicated by some tribunal, or decided
by some competent authority.
think, upon reflection, you will readily
determine that body as numerous as the
Senate and House of Representatives of the
state of Georgia, is not in very good condi-
ton to hear all the evidence and to hear and
decide the points of law, equity and justice
involved i'll the dispute and that if you
we're to attempt it, it would take more time
than you would be willing to give to it, and
possibly more than your constituents might
approve. | therefore conclude that you
will submit the question to some competent
tribunal for adjudication, and I beg leave.
most respectively, to submit to YOU as the
representatives of the state of Georgia, a
proposition for settlement Of this whole
question AS the representative Of the
lessees of the Western and At
lantic railroad company, pro-
pose to refer the whole question to
arbitration. As there will be some grave
legal questions involved in the controve sy,
and as it is very important that the tribunal
hearing the case be familiar with the
business of railroading, respectfully sug
gest that the governor of Georgia select
one man who is an eminent lawyer, having
the confidence Of our people generally, and
another who is an eminent railroad man of
high order of integrity and that the presi-
dent of the Western and Atlantic Railroad
Company select an eminent lawyer and an
eminet railroad man of like character, and
that the four persons SO chosen, select a
fifth. man noted for his ability and integrity,
and that the whole question be submitted
to their decision. Let them hear the legal
questions involved, examine the contract,
investigate the claims of the lessees. and
the claims of the state, and decide the
question i'll all its parts according to the
law, equity and justice Of the case. The
Western and Atlantic Railroad Company
will be content with the decision of sucn
a tribunal, whatever its ruling may be.
Or if any one can suggest a fairer
mode of selectiag q tribunal to decide the
questions of difference between the state
and the lessees, the lessees will promptly
and cheerfully unite in such fairer mode OF
settlement, if there can be one.
Such a tribunal, made up of some of our
most eminent and just citizens, cap take up
the whole question and DISPOSE of il in
reasonably short time, and their decision
would settle the controversy. This would
relieve the state of the embarrassment
which it might otherwise labor under of
being engaged in litigation with one set of
lessees, while it is offering the property for
lease to another. and 1 most respectfully
suggest that the probabilities are, by being
relieved Of such dilemma, the state would
receive more increase in the price to be
paid by the new lessees than the whole
amount which would be found due the old
lessees for betterments or improvements.
The state cannot afford any more than
an individual to withhold justice from
any person or company who has an honest
equity, or Just claim against the state.
Such an attempt will not only tarnish its
character but result in its pecuniary dis
advantage. If our claim is a just one, the
state cannot afford to do us injustice. If
the arbitrator decide that our claim is not
just one, then we have no right to COM
plain, and will most cheerfully acquiesce.
) We wish TO avoid long delay and expen-
sive litigation, and by fair arbitration,
dispose Of the whole question equitably and
justly to all parties interested.
At the last session of the general assembly
an act was passed, directing the governor
to appoint a commission of three persons to
examine the Western and Atlantic railroad,
and make up an estimate of its present con-
dition. have not the act before me. and
do not quote it literally. No provision was
made in that act. giving the leSsees the
right to appoint anyone on the commission,
nor we're the lessees consulted in making up
the commission. Without consulting us, the
governor appointed three very worthy
gentlemen as commissioners on the part of
the state, to make the examination. L am
informed that they have made an elaborate
report after having taken great pains in
the examination into the whole matter
They not only took up the inventory of the
condition of the road when it was leased to
httt rod