The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-08-05

l have already shown that even if this
claim was correct the claimants couldn't
remove any thing but the steel on the side
tracks, because they would lose money by
trying to move depots, bridges, or rail that
would nave U be replaced.
Now, suppose the state was an Individual
ana owned property now under lease. and
desired to lease II again, and was threat
ehed by present lessee that he would make
trouble Tor the new lessee. He would 20
ana consult his lawyer. l throw out this
suggestion, viz: If this general assembly has
any doubt as 60 its obligations about trade
nXtures, let them instruct the governor to
consult the attorney general, and let rs have
the benefit of ms opinion. But whether his
opinion agrees with mine that the
1 claimants are not entitled to a
dollar, or whether his opinion agrees with
the trade fixture theory of the claimants.
there IS no need for US to DELAY action now.
Let US adopt Glenn's amendment and lease
the road in its present condition. natural
wear and tear excepted. and guarantee the
new leSsees against any loss or harm from
CLAIMS OF any klnd or any source. | have,
THINK, shown in the most extreme view of
the case, if our opinions are wrong. and the
claimants are entitled TO trade fixtures, the
amount involved would not exceed the
value OF the steel on all the side
tracks, and as there are only about
htty miles of side track, the entire sum
could not amount to more than $780,
OOO. The state had better take the risk of
guaranteeing when. said risk only involves
SlOO,OOJ and thus secure a larger rental than
would be the case if the new Iessees were in
danger Of the trouble or damage. Let MS
then take this risk, which is not a large one,
and II our attorney general gives the opinion
mat any other railroad corporations would
nave to allow side tracks to be considered
as trade fixtures, let us consider that claim.
But II the attorney general agrees that side
TRACKS are not trade fixtures then let the
claimants get their redress from the courts,
where they assert they can bring it.
But they propose arbitration NV expe-
rlence of arbitration is that it means that
the odd man splits the difference. Remem-
Der the claimants have never disclosed
the amount Of their claims. If YOU agree
10 al oltratlon they may claim 500 900 or
Two or three or any number of millions,
hen the two arOitrators representing tle
| STATE VIII ne apt TO take the position that
the state owes nothing. The two arbitra-
tors representing the claimants will be apt
| TO take the position that they ought to
receive the S1000,000 claimed. The fifth
man would be apt TO say-well let's split
Inc difference and give them $500,0O0.
There only remains to consider the ap-
prehenslon that unless some settlement is
! made with the old lessees they will let the
property run down. As a matter of fact
the steel rails put down on the Western
aud Atlantic roadbed can't wear out dur
ing the next two years, and as a matter Of
business prudence, the lessees can't let the
road run down, because if accidents oc-
CURED the damages would come out of their
| pockets. Recollect the claimants are not
| the lesaees. don't believe if the claimants
| controlled the road they would dare to run
it down, because l know them to be
shrewd business men, and
| believe them to be humane
men. But the claimants do not control the
| road. The lease company, of which Sena-
tor Brown is president, controls it. If there
| are accidents the judgments for damages
VIII be against j. Z. Brown ct al. Do YOU
suppose they will let the money received
from earnings go out of their hands until
they have spent on the road all that is
necessary to keep it safe for freight and
passengers, and up to the requirements
! needfuI TO earn all 1t is now earning2
In any large trade there is some risS. Let
the state clearly understand that its guaran.
tee is limited to 100000 and may not reach
$4,000, and l think you will agree with me
that 1t will be wise and conservative, and a
safe business operation to take this risk and
thus secure the highest possible rental from
the new lesSees.