The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-10-18
THE MORNING. NEWS: FRIDAY. oCToBER1a IS, 1889.

of the state, without consulting the lessees,
havs found after thorough investigation
in favor of the lessees; in other words, they
have found that we have improved the
property to that amount for which we have
received no compensation, and that the
state is holding that amount Of the money
of the lsssees in its treasury which it refuses
to pay to its legal owners
also propose, in behalf of the lessees.
that the company receive from the state
the amount which has been paid by the
company for taxes in the state of Tennes-
see. This / would consent to receive
without interest, although some Of the pay
ments are of ten years standing.
IL these two sums are paid by the state of
Georgia to the treasurer of the Western and
Atlantic Railroad Company, for the benefit
of the company, the company will under
take to deliver the road, with its appu rte
nances. in its present condition, either to
the state or the new company of lessees, if
one should be in existence, on Dec. %, 1890,
the day when our Lease expires
| trust that the COMMITTEES will not think
it unreasonable for the state to pay the
amount found due by her own commission
appointed to look into the condition of the
road, or to pay the amount due for taxes
under the laws of Tennessee.
Now as to the mode of payment: We
would leave that entirely TO the state We
would take payment out Of the future
rentals of the road, in reasonable INSTALL
ments, until the whole is paid, or we would
take per cent. bonds OF the state, due at
such q time as the state may think proper
to pay them, or we would receive the money
in any other form.
admit that the lessees could not enter
the courts and set up a legal right to a por-
ton of this amount claimed tor improve
mentS; but, as | understand it, the rule
between states and nations is, as the courts
are closed against those who have claims
against the state, the state will see to it
that justice is done, and in case OF doubt
will give the benefit of reasonable dou bt
to the claimants.
We are willing to submit the question to
arbitration, the arbitrator to be selected
jointly by the state and the company; or,
if the appointing power will not appoint
any of our bitter enemies, we are willing
that the state select all the arbitrator; or
we are willing to leave the whole question
to some of the most eminent citizens #
Georgia, and let it be adiudicated by them /;
or to any intelligent court that the state
will throw open 10 us with power to decide
the case according to law, equity and nat
ural justice.
While | have never claimed that we
could enforce our just claims for better
mentS in the courts of law, without the
consent of the state that we litgate the
ments due us, we would have ample scope
for the vindication of our rights il the
power which the contract gives us to re-
duce the road and its rolling stock to the
condition in which we received it before
we delivered it back to the state. would
not be understood as admitting the propo-
sition that we have no rights in the courts
as against the state. For a rart of our
claims we have. For instance if we should
| refuse to turn over to the state the cars or
engines claimed by the state under the con-
tract and lease, and the state should have
to bring suit against us, then we would ha We
| the right to come in and be heard fully in
| our defense.
Again, in the amount due for taxes in
| Tennessee, our trustee would clearly have
| the right to proceed with a levy on the
property of the state for the taxes paid by
| him for which he holds the tax Fl fa's, and
the courts Of Tennessee would, suppose,
clearly have jurisdiction over any such
case.
AS it must be admitted, therefore, that
we could get status in the courts, either
| the federal courts or courts Of Tennessee,
| for certain portion of our claim, WHY not
constitute proper tribunal and let us come
into court aud have the whole question ad-
| Indicated upon the principles of law, equity
and natural Justice!
| The company desires no litigation with
the state. 1t will have none if it is possible
| to avoid it without submitting to gross in.
| justice. We desire to settle the whole con-
| troversy in the shortest manner In which II
| is possible to do it, and do anything like
| justice between the parties. We do not
want to be hung no in a lolg litigation, and
we feel quite sure that the people of Geor-
| gla do not desire TO be involved in a long
and heavy litigation, and to pay heavy
lawyers fees! We desire, and we believe
the people of Georgia desire, fair, honest
| and speedy settlement of the whole ques-
ton; hence the fair proposition we nave
mace 10 the state; consequently, we have
made the offer to the state that the whole
question be submitted to arbitrators
Of the highest character, i'm
partially selected by the respective parties
or II the state is afraid to trust its case be-
fore board of arbitration selected In the
usual manner, then we are content, with
the simple understanding that our enemies
are not TO be put upon the board, for thu
state to appoint every member of it, and
we will submit the whole case TO such a
board as the legislature or the governor
may appoint; or If the state Is determined
not to submit the question to arbitration.
which would be the earliest mode of settle
ment, then we ask that the courts of the
state be thrown open to us, and having
made good tenants and kept the contract
with the state faithfully on our part, we ask
at least felon's privileg OF being heard in
our own defense and in vindication of our
own rights
We are willing to submit the question TO
any intelligent tribunal of the state, with
the simple understanding and instructions
to the tribunal that it hear the case and de
eide it according to the rules OF law, equity
and natural justice.
IL the state will not permit our claim to
be adJudlcated in any one Of the modes a.
ready suggested, or by any of the tribunals
mentioned, then we propose to submit our
case to the decision of any other tribunal
that may be selected by the state.
We want fair, honest ald just adiudicl-
ton OF our rights. We do not want to be
hung up in long litigation with the state.
We want to deal fairly and justly with the
people of the state, and we want Justice
done us as lessees and nothing more.
Outside Of the states obligation to deal
justly and honorably by US, and by ali
other men, 1t Is largely to the pecuniary in
terest OF the state and the people of Georgia
that fair, honest and just settlement should
be made. You are offering the road for
rental for another period Of twenty years
or more. 1t is to the interest OF the state
that you should be able to inform the pro-
posed new lessees what you propose to lease
to them.
believe the present lessees got about ST.
cars from the state of all s)rts, Mostly in a
very bad condition. They now have about
l,2OO. Do you propose to lease to the ne
lesseeS the 571 cars in bad condition or do