The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-11-01
CLAIM OF THE LESSEES.
TEE SENATORIAL ELOQUENCE
STILL FLOWING.


Resolution for e Committee of Arbi-
tration = Mr.. Boyd Favors Leaving
the Question for the Next Legisla
ture-Mr. Bartlett Strongly Opposes
the Proposition.
ATLANTA, GA, Oct 3L-The Senate de-
voted its sessions to-day to consideration Of
Mr.. Whitfield's resolution TO submit TO
board Of arbitrator. composed of the su-
preme court judges, three ex-governors.
and Maj. Campbell Wallace, formerly
superintendent of the state road, the claims
of the Western and Atlantic les
sees against the state ard the
claims of the state against the lessees
Mr.. Whitfield argued that bis resolution
only contemplated hearing, not granting
the claims of the lessees. He said they had
honestly. faithfully, and generously com
piled with their contract and were entitled
TO hearing.
THEIR ACTUAL CLAIM.
Their actual claim for betterments
amounted to a little over $500, 900, and the
claims of the state against them, he be-
heved, provided fair investigation were
held, would moro than wipe out this, even
if it were found that it ought to be allowed.
But his resolution did not admit, but denied
the right of the lessees to betterments or to
any but strictly legal claims.
FAVORED BY sTRoTHER.
Mr.. Strother favored the arbitration.
Mr.. Boyd thought the action proposed
was premature. He believed the proper
tribunal to pass upon the claim was the
next legislature and governor. He did not
think this legislature should climb the
mountain before getting to it.
MIR. Bartlett read from the acts of 1887
resolution empowering tho governor to
take possession of the state road in the
event any attempt should be made to run
il down by removing the rolling stock or
otherwise, and ne argued that the state
was amply protected whatever the lessees
might threaten. He bitterly opposed the
idea of arbitration. He was in favor of
opening no court to the lessees and consd-
cred it inconsistent with the dignity of the
state to waive Its sovereignty for their
benefit.
NOT AFRAID TO FIGHT IN COURT.
They claimed that they could force the
state to answer their suit in the courts of
Tennessee. If so let them. He did not be-
heve the supreme court judges would con-
sent to serve as arbitrators. The lease con-
tract had been conceived in wrong and
born in iniquity, and the lessees had violated
both it and the laws of the state. Another
company had outbid them for the lease,
and they had no more legal right to the
road than squatters. He showed that the
original lease act of 1870 contained a better
ments clause. The republican legislature,
in the dark days of reconstruction, had
stricken this out, with but two dissenting
votes, and vet this democratic assembly was
now asked to do what the republicans dare
not.
ORIGIN OF THE CLAIM.
After dinner Mr. Bartlett reviewed the
history of the origin of the betterments
claim. The attorney general having de-
clared the bond of the lessees worthless, in
stituted proceedings in 1880 to forfeit the
lease. The betterments claim was then set
up because the state threatened to annul
the contract before the expiration of the
term for which the lease had been made
The suit was afterward dismissed, with the
express understanding that there was to be
no claim for betterments, and vet now the
lessees pretended that they are equitably
entitled to them. Lyle favored the resolu-
ton.
SHOULD BE SETTLED NOW.
He said the people expected the present
legislature to settle the whole state road
,r4iestion, and he, at lea t, would not shirk
the responsibility. One senator had said
the mountain should not be climbed until il
had been reached IN fact it had already
been reached, and the senator was afraid to
climb it. Further discussion was postponed
until tomorrow.
The Senate bill to relieve confederate
veterans from the payment Of license taxes
was lost in the House to-day by vote of:
ayes So; nays So. The bill will be recon-
sidered.
The House also killed the bill to declare
void all obligations to pay attorneys fees
Tor collecting any notes or other evidences
OF debt unless plea is filed and not sus-
tanned by the defendant
THREE SESSIONS OF THE HOUSE.
There were three sessions of the House
to-day, the night session lasting till 10
O'Clock. The Senate substitute for the
House lease bill is under consideration.
The indications are that with two or three
amendments of Importance, the House will
pass the bill and get through with it to-mor
row. The House amended the time for ad.
Vertising for bids SO as to have the advertise
ment begin sixty days after the passage of
the act, to run for four weeks, and bids to
be submitted by Feb. Is, next, and the lease
to be then consummated if any bid is ac-
cepted.
LITTLE sPAr.
There was little spat this afternoon be-
tween Messrs Huff and FELTON,. The former
was on the floor speaking in favor of the
time liked by the Senate for advertising
and leasing the road. He made the argll-
nent that the best way TO deal with the bet
terment question was to let the present
lease expire without dong anything with
it. The expiration of the lease would end
the betterments question, if the lessees left
anything on the road they claimed as bet
terments. Mr. FELTON, interrupted to ask if
MIR. Hut had not recently introduced a
resolution propo>ing that the legislature
treat with Vice President Stahlman about
bettermentss
THE INQUIRY RESENTED
Mr.. Huff resented the inquiry with the
assertion that. as taxpayer and member.
he had a right to introduce it. Still. he
claimed that his resolution was on good
business principles, his desire being to force
the hand of the Louisville and Nashville.
and the Terminal. He thought Mr. FELTON,
inclined to magnify the Importance of MIR.
Stahlman. He is of less Importance in the
matter of betterments than Senator Brown.
Senator Brown wants the betterments.
while Mr.. Stahlman wants the road. Mr..
Felton's talk suggested the suspicion that
the gentleman from Barlow had been led
up on a high mountain. for some purpose,
by somebody. Mr.. FELTON, did not reply.
but.probably will
Pierce Superior Court.
BLACKsHEAR, GA. Oct. 31.-Superior
court adjourned yesterday. Not a single
civil case was tried before jury. A good