The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-10-18
BROWN on BETTERMENTS
,v DISTINGUISHED SENATOR Ex-
pr.AINS THE LESsEES' CLAIM.

the Western and Atlantic Rail-
-oad and Gives a History of the
present. Lease.
c.rator Brown was the central figure in
-, interesting picture in the Senate cham
- Tuesday. He appeared before the COM
-,i+-ee appointed to receive from the state
Ia lessees their proposition for the settle
,,ant of the differences between the road
- the state. Gov. Brown read his state
.-,ont whichwas as follows:
WESTERN AND ATLANTIC RAIL ROAD
COMPANY. PRESIDENTS OFFICE,
ATLANTA, GA, Oct. 10, 1889.
r. Chairman, and Gentlemen Of the
.Ioiat Committee:
IN Dec. q. 1870, the governor of Georgia,
.,-,3sr the authority of an act Of the leglsla-
~. - leased the Western and Atlantic rail-
.oad with all its houses, workshops, depots,
Sling stock, and appIrtenances of'every
aLoraeter. for the full term OF twenty years
f-oTo that date. to a company known as the
Western and Atlantic Railroad Company,
.vbose interests, as president of the COM
oanv desire to protect, and other agents
I'D attorneys of the company, and of those
;+oras+ed in it, are here to aid in its pro-
Irndar the contract, the lessees are bound
% nav into the treasury of the state of
Georgia for the use of the state, monthly at
the end of each month, rental OF S25, 900
during the continuance Of the lease; also to
Teturn said road and its appurtenances at
+be expiration, termination, or forfeiture of
tbe lease. in as good condition as it was
when received by said company from the
said state under this lease.
The act under which the lease was made
,,ekas il a cause of forfeiture if the COM
many fails to pay the rental within twenty
dovS after the end of each month, and in
these two items rest the obligations of the
lease so far as the lessees are concerned. In
other words under the contract the SIS, 900
for rental per month must in every case be
maid into the treasury within twenty days
after the expiration of the month, and this
has been done in every case without excep-
tion The lease act in that case declared in
substance that the minimum rental should
he sos 600 per month. The company who
are now the lessees, believing that that was
a full! and fair price to pay for the use of
the road, took it in its then condition for
twenty years at and has paid the $25, 900 per
month rental.
Another company made bid in which
the law was not complied with, and no such
surety as was required by the act of the
legislature was offered. The Central rail
road being the surety named on Their bond,
declined to assume the responsibility for
that company, aud by its authorized agents
declared that the company had no right to
use its name in connection with the surety
ship.
But on account of the larger amount bid
by the rival company without complying
with the law, anG for other reasons not
necessary here to mention, strong opposi-
ton spraug up to the lease after it had been
granted by the governor to the present
company. That opposition ended in an in
vestigation of the lease by the general as
sembly of this state. and after a thorough
and careful examination of the whole ques-
ton the general assembly passed resolu-
ton confirming the lease.
So that it was made by authority of an
act passed by republican general assem-
bly, and signed by a republican governor,
and afterward Endorsed and confirmed by a
democratic general assembly and a demo-
cratic governor.
Have the terms of that lease been faith
fully com%lied with by the lessees! Nearly
nineteen years have expired, and the COM
pany has paid into the treasury of the state
as rental over $500 900 in cash. Every re-
qulrement which the contract authorized
the state to make upon the lessees has been
promptly met and honestly and fairly COM
piled with. IL believe that no one alleges that
the lessees have been derelict in their duty.
or that they have failed to comply thus far
honestly with their contract with the state
They have paid the rental promptly and
have kept the road in a splendid condition
What is the obligation they assumed on
their part when the lease contract was ex-
ecuted
They obligated themselves to pay into the
treasury of the state of Georgia for the use
of the state monthly and at the end of each
month rental of 5000 during the con-
tlnuance of this lease. This is the first obi
CATION. Nobody denies that this has been
fairly and fully complied with SO far as the
lease has run. But there follows another
obligation, aud there seems to be some dis
pute as to what is the obligation of the
lessees in that particular.
The act of the legislature and the contract
add: Also to return the road and its ap-
purteuances at the expiration, extermina-
tion or forfeiture of this lease in as good
condition as it was in when received by said
company from said state under this lease. :"
Mark the language: "In as good coadi-
ton as it was in when received by said
company from said state"
The word condition" is the pivotal word,
IL may use the expression, upon which the
obligation of the company and of the state
rest under the contract. The company
binds itself to return the road how? Greatly
ments known at the termination of the
tease! No, nothing of it. 1t binds itself
merely to return the road sin as good con-
oltlon as 1t was in when received, ~ etc.
Notin worse condition, for that would
not be compliance with the contract on
the part of the company, for the company
mas agreed to return it In as good condition
as they received it. Not in better condi-
ZION, for this would not be in accordance
with the obligations of the state, for the
state has bound itself solemnly by contract
10 receive 1t if rendered in as good condition
as it was when received, etc. IL the com
pany returns the road and its appurte-
nances In worse condition than it was
III When 1t was received, it fails to comply
WIN the contract on its part, and must
make up the difference between the road in
iIS worse condition and what it would be if
ceived.
4, II the demand of the state is to receive
que road back in a better condition than it
was IN when received by the lessees, by
such requirement the state violates the con-
ttacG on Its part, for the agreement between
sue LesSees and the state, by which the
leSSees are bound to return it in as good
oonultlon as they received it, necessarily
aries res with it the obligation on the part
u Inc state to receive it when rendered
ndcS at the expiration of the lease in as
goo condition as when received. The state
las no more right to receive the road back
~ better condition than when it was re-
tteVeu by the lessees than the company has
return 1t IN worse condition.
90 That the word condition. is the i'm
pol tant word. The company is to return