The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-10-30
STATE ROAD PROBLEMS.
REPORT OF THE COMMITTEE ON
THE LEWIS BILL


Opposition to the Proposition - The
Senate and the Restriction Clause.
ATLANTA, Ca, Oct. 29.-Hhe Senate to-
day killed the amendment to the lease bill
to restrict bids so as to shut out competing
lines, and an amendment by Mr.. Whitfield
to exclude from the lease certain property
of the state in Chattanooga not necessary
for operating the road. A fight was made
on the amendment offered by Mr.. Harris
of the Forty-second district, to insert the
word "legaln before bidder" in one of the
sections of the bill, so that it might read
s'the highest and best legal bidder for the
longest term shall be accepted" Several
speeches we're made on this amendment,
which was the expiring effort of the
restrictionists. Mr. Wooten alluded to it
as RESTRICT in mild form. After argu-
ment, the amendment was lost.
THE SHOPS AND OFFICES.
An amendment bv Mr.. Rice, that the
shops aud princi al offices of the road should
not be removed from the state, was adopted.
The substitute bill was then pas ed, by
a vote of 81 to 9, and transmitted to the
House.
The finance committee of the Senate has
concluded to recommend that the appro-
priation for the girls industrial school be
cut down from $75, 900 to $35, 900, and also
that the school be located at MiledgevIlle
and occupy the old gubernatorial mansion
and grounds. 1t looks as if an effort was
being made to kill the bill
THoMAsToN's RAILROAD BILL
The House spent the morning discussing
the bill to require the Macon and Birming-
ham railroad TO run by Thomaston, and the
a a nj z MAJ
for the purpose of encouraging the sheep
raising industry of the state. The former
passed. The latter was lost this afternoon.
STATE ROAD PROPERTY.
The most interesting matter which came
before the House to-day was the minority
report on the bill of Mr.. Lewis Of Hancock
county to declare felonious any attempt on
the part of the lessees to remove rolling
stock on other property of leased RAILWAYS
beyond the border of the state This bill
received favorable majority report. The
minority report was as follows:
While this bill Is general in its terms, it
Is conceded to be in its application intended
alone for the lessees of the Western and
Atlantic railroad, a minority of your com
mlttoe are unwilling to admit that the lust
and sovereign state Of Georgia can approach
the solution of a business contract with
such spirit of arbitrary power; enacting
harsh aud terrifying law to coerce a ten
ant bona fds; claiming certain property
and contract rights with newly made
criminal law framed in advance to meet
the very claim of the lessee.
CAN'T DEMAND MORE THAN WAS GIVEN.
Nor can the committee for a moment adj
init that when the state twenty years ago
agreed that the road should be returned in
as good condition as it was when received
by the leeSees, it can now with honor to
itself or fairness m ita niti1ans anoot that
the road Is not returned in a better cOndi-
ton the officers thereof shall be Confined in
q felons cell. This Is an effort by criminal
enactment TO engraft new condition upon
her solemn contract Of twenty years ago.
AN INJUSTICE.
III the lessees have the right to return the
property in the condition they received it
10, and the contract says they shall SO re-
turn 1t, then it is gross injustice to threaten
the lessees with confinement in the peniten-
tary from two to ten years for complying
with the plain terms of the contract. If
they have no such right, then no such an
act as this is necessary, for the law that is
good enough between ordinary landlord and
tenant, the writ Of ejectment, the coercive
power of the courts, and the restraining
power Of court of equity, are ample to
protect every right of the state if promptly
enforced.
NOT STATE PROPERTY.
Most of the rolling stock is confessedlv
not the states If it belongs to the lessees
they can do with it as any other owner of
property, and the state has no more right
TO make 1t crime to remove it or sell it
than to make it criminal to remove horses
or mules by farmers from one county
to another. The act makes an artificial
crime aid fixes an arbitrary venu for its
trial Fhe constitution of Georgia saws
that crimes shall be tried in the county
where committed. This act says in the
county where certain advertisement Is
inserted IN a newspaper
COURTS CLOSED.
The state has refused to open the door of
her own courts to the lessees to hear their
claims. She has declined to arbitrate. She
has refused to accept the proposition of the
lessees 10 appoint her own tribunal and
name the judges thereof She declines all.
and shuts her ears and refuses to consider at
all the claims Of the lessees. At this
last hour, looking over this goodly road,
seeing IL In magnificent condition, and real
izlng that the lessees are only REQUIRED
to return it in as good condition as it was
in 1870, and fearing that the tenant will
seek to exercise his contract right. this bill
says the state, in the majesty of her power
shall say If any act is done to reduce the
road to its condition in 1870, the officers
thereof shall be declared criminals. and
made to wear the felon's stripes.
LEAVE THEM THEIR GOOD NAME.
If the state intends to take nj ct arpis
the property of the lessees, she ought at
least to permit the lessees to keep whatever
of good character they may possess. Let
us not wantonly inflict this stigma upon
Gov. Brown in the sunset of his long life of
honor and usefulness. While the courts
would never enforce such a law, for the
sake of Georgia's honor, we protest against
any such act being placed upon her statute
books to tarnish her fair name.
This committee does not mean to saw
that the claim of the lessees in the whole is
a just one, yet in part it is Obliged to be
conceded by every fair-minded man, that
the surplus railway stock is theirs. and that
they can do with that, under the law. as
they please. Your committee think that
this question should be met In business
Like way, settled upon principles of Justice
and equity by us, and not by the courts Of
Tennessee, and we greatly fear that legisla-
lation Of this character, placing our
tenant upon a level with outlaws,
viii finally add confusion, delay.
litigation, defeat, and disgracs to the south.
JOHN G. HART, of Green county.
w. G. GLENN, of Whitfield county.
We endorse so much Of the foregoing re-
port as declares the bill unwise and unjust
IN all its provisions, and as being calculated