The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-10-16
BROWNS BETTERMENTS.
THE SENATOR sUBMI s HIS ARGU-
MENT IN WRITING.

The Lease Now in Vogue First
Passed by Republican Legislature
and Signed by a Republican Gov
ernor-1he Inventory.
ATLANTA, GA, Oct. 15.-There was an
interes ing gathering in the Senate cham
her this afterno when the joint con
ference committee met to receive the claims
of the lessees for betterments. Senator
Whitfield presi led over tbs meeting with
dignity and courtesy. The Senate chamber
was well crowded with members of the
legislature and others. Senator Brown was
present, fianked by Col. Stahlman and
Boykin Wright. one Of the counsel for the
lessees. 1t was decided, after the written
claim was submitted that the written argu-
ment OF President Brown for the lessees
might also be submitted, owing to President
Browns feeble condition Both these mat
tiers were presented to the committee
AMOUNT OF THE CLAIM.
The itemized claims ofEthe lessees aggre-
gated $751; 25, which Includes the ex-
penditures for the Improvement of the
tracks for the depot buildings, bridges,
locomotives, cars, machinery, grading in
and about Atlanta, changing the gauge,
and taxes paid in Tennessee, the latter lite n
footing up to the expiration of the lease
$136,522.
The written argument submitted was
bulky, covering twenty-three pages Of close
type-writte matter
BROWNS EXPLANATION.
In his argument Sc ator Brown began by
saying that as president of the company he
desired to protect its interests, and that
other agents aid attorneys If the company
and of those interested in it are here to aid
in its protection. Under the contract the
lessees are bound to pay into the treasury
of the state, at the end of each month,
SOS, 900 rental, and also to return the road
and its appurtenances at the termination or
forfeiture of the lease III as good condition
as it was received. The only cause of for
fixture is failure to pay the rental within
tWenty DAYS after the end of each month
The lessees have promptly paid this rental.
Another company made a higher bid, in
which the law was not complied with, and
q strong opposition sprung up on that ac
count 10 the present lease after it had been
granted by the company.
CONFIRMATION OF THE LEASE.
After a thorough examination by the
legislature the lease was confirmed The
lease was made by an act passed by a re-
publican legislature, signed by a republican
governor, and confirmed by a democratic
terms of the lease have cen faithfully COM
piled with 50 far. No one denies that they
are to return the road at the expiration of
the lease in as good condition as it was
when received. The word 60 dition' is
the pivotal word. If the state demand the
road back in a better condition it violates
the contract. The state has no moro right
TO receive the road back in better condition
than the lessees have to return it in worse.
THE INVENTORY.
The lease act required an inve ntory of the
property made by a commission and re-
corded in the Office of the secretary of state
and filed in the executive office. The lesseeS
are ready to comply essentially with that
inventory. Whatever surplus there is over
will belong to the lessees; aud no LAWYER
who values his reputation will insist that
the state has the right to take it from us
without paying for it, merely because we
have used it on the track Of the road during
portion Of the lease! So with the other
improvements made by the leSsees
NEW SIDE TRACKS.
We have done most of the grading and laid
the crossties and iron on twenty-three miles
of additional side tracks. What right has the
state to claim that these side tracks belong
to her? 1t has been said by many who
opposed the claim of the lessees, that they
had made money out of it. President
Brown admitted the fact, but said the
lessees had the right to make it, and they
had made it fairly and honestly. He
described tho men who took the lease. and
said they would never have taken the road
In its then condition without the prospect
OF making money, and a large sum of
money.
THE TRUE QUESTION.
The true question is not what we have
made, but have we complied with the con-
tract so far, and do we offer to comply
with it the balance of the lease? While we
may not be permitted to go into the courts
TO set up our rights to the full extent of the
improvements made, and may not be legally
entitled to pay for all the betterments
placed upon the road, we are entitled in
equity and natural justice to be paid the
difference in the condition of The road,
which we estimate at more than 81. 900, 900,
but we are willing in settlement to take
less The lessees are willing TO settle for
the betterments as reported by the commits
sion authorized by the last legislature,
THE AMOUNT REPORTED.
The amount reported by that commission
was $3.50, $50. In addition to this amount
the lessees claim that the state should re-
1und them the amount of taxes paid bv the
company in Tennessee, which under the
contract they were not legally bound for.
Ii the state agrees TO settle on this basis
then the company will deliver the road
with its appurtenances in its present condi-
tion, either to the state or the new lessees.
II there should be such, when the present
lease expires.
THE TERMS OF PAYMENT.
As to the terms of payment the lessees
are willing to leave that to the state; the
payment either to be made out of future
rentals, or in per cent bonds, or in money
in any other form. The lessees further saw
they are willing to submit the whole oues-
tion to arbi ration, the arbitrator to be
selected joi thy or all selected by the state.
or they will leave it to any intelligent court
the state will throw open. Outside of a
settlement the lessees claim that they could
reduce the rolling stock and road to their
original condition.
THE TENNESSEE TAXES.
As to the Tennessee taxes a levy could be
made on the states property in Tennessee.
But the company desires no litigation with
the state, ard will have none, if it is posi-
bic to avoid it. We only want fair.
honest, and just adjudication of our righ S.
We do not want TO be hung up in a long
litigation with the state. 1t was then
argued that it would be to the advantage of
the state in making a new lease to settle
this question, as the state would be embar-
raised at every point unless there was an
honest settlement with the present leSsees.
THE EFFECT ON BIDDERS
A corporation which will probably be
Co.. -.