The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-12-13
STATE ROAD SKIRMISHES.
AN ARBITRATION SCHEME FAILS
FOR LACK OF a QUORUM

reconsideration Sure to Be Asked
The Minority Report Adverse 70 the
Passage of the Zachry Resolution
The Minority Object 10 the Aro!tra-
ton Sugges ton.
ATLANTA, GA, Dec. 12-The Senate
spent the entire day discussing the Zachry
resolution % submit the claims OF the old
lease company for final settlement to a
commission of five. The resolution failed
for want Of constitutional majority, but
will almost certainly be reconsidered. A
minority report adverse 70 its passage was
brought in By Messrs. Terrin, O'Neil,
Culver, McRae. Ellington and Vincent,
who recommended that joint committee
be appointed and instructed to ascertain
what issues, il any, exist between the state
aud the lessees. collect the facts thereon and
| report TO this general assembly
STATEMENT OF The MINORITY.
The minority reinforced their report by
! the following statement of the considera-
items by which they had been led 70 dissent:
| !. Because we ara opposed to the sovereign
state of Georgia entering into any arbitration.
IL is our desire for the state - meet in caDdor
aud fairness all who make claims upon her and
settle with them according to the strlctest rules
or business integrity, and not through the IN
| satisfactory methods OF an arbitration
= Because if it 10 wise 20 appoint a com mis-
sion rs provided for in the resolution reported
by the finance committee, its decision should
not be bin ling and conclusive as TO the rights
OF the parties. The experience Of all govern
mentS has demonstrated the wisdom Of having
some appellate tribunal for the final adiudica-
ton Of causes.
3 Because the people OF Georgia elected this
general assembly with the expectation that it
would s-ttle this question intelligently, and
with equal fairness and justice to the state and
the lessees: and in our judgment, before il can
80 sette the question the general assembly
must know what the issues are. and be placed
in full possession Of all the facts bearing upon
these issues.
TERBILL's SUBSTITUTE.
Mr.. Terrill offered as a substitute for the
Zschry resolution one providing that the
joint committee suggested by the minority
be appointed.
Mr. Zschry said the passage of his resolu-
ton would result in great financial benefit
to the state. It would materially shorten the
session and make adjournment possible in
twenty days, whereas the legislature must
sit forty OF fifty, at cost of $50, 900 at least,
if it attempted itself 70 adjust the claims
question. The proposed commission could
more speedily and equitably settle it than
the assembly would be apt 90 do by passing
the resolution. Friction could be avoided
between the state and lessees in turning
over the road and its equipment, and the
20 yernor would be able to fulfill the con-
tract with the new leSsees.
BAD PREDIcAaRST.
In what situation would the state find
herself if the resolution we're defeated?
Should the state refuse to meet the demands
of the old lessees for taxes and other ex-
penses. would not such refusal open the
way for involving Georgia in
lawsuit in Tennessee courts which
few senators would live long enough
to see concluded Then what would become
Of the new lease. 1t would necessarily be-
come void. As It would not be in the gov
ernor's power 20 deliver the road and its
equipment according to contract, it would
fail back into the hands of toe state and the
calling for additional legislation providing
for new lease, perhaps upon tsrms less
favorable 70 the commonwealth.
MR.. CABANIss' VIEWS.
Mr.. Cahsuiss thought the resolution pro-
posed the best method for the settlement OF
the claims. They were three in kind. Those
practically undisputed, including taxes and
isiat1re, commonly called better
ments, and those, the substance of
which were admitted, but left
the adjustment undetermined, such as
the relative rights Of the parties interested,
touching the rolling stock OF the lessees
received at the beginning OF the lease. 1t
was necessary for these differences to be
settled, and quickly, so as to clear the way
for turning over the road under the new
lease. To accomplish this three methods OF
adjustment had been proposed: By the
courts-objectionable on account of the
time. expense and uncertainty; by the
egislature-tried and found above; by
commiSsion-the method now proposed.
This was practicable, economical and
effective.
TERRILI-'S CONFIDENCE IN BROWN.
Mr.. Terrill urged the points set forth in
the minority export If the lease company.
as stated In the ajoritY report was such
good tenant no harm would result from
waiting. He thought the company would
prove itself a faithful tenant by returning
everything rightfully belonging to the land
lord. The speaker considered Senator
Browns character guarantee of this He
hoped the substitute would prevail
Mr.. Hodges thought the legislature had
no time 10 consider the question at issue.
1t would bs necessary 10 constrGe the con-
tract in court, and no jury or other large
body should do this. 1t would be business
10 turn over the matter to commission of
Ave, who would be better able TO reach a
O.
The last legislature could have settled the
business, but put it off on this one. The
settlement must be quick. The way pro-
posed was the quickest aud best
BRICK WOULD BE ASHAMED.
Mr.. Beck said he sVould be ashamed to
meet his constituency If he failed to oppose
proposition so molstrous and absurd A
commission might settle the matter more
cheaply, but if this was referred TO a COM
mission Of five. why not have five men legis-
late for the people. It would be cheap and
expeditions lawmaking. The legislature
should not shirk its duty. Important ques-
lions Of fact as well as the construction
of the CONTRACT were to be passed upon.
There was nothing in the threat of throw
ing the railroad hack on the states hands.
/ Corporations enough could be found glad to
sc. 1t, and CORPORATIONS would not care TO
see the ngitated question Of the practical
| bility OF state management of railroads
tested II the legislature could fiud five
! men CAPABLE of setting the claims questions
off hand, why could it not fild ten able TO
| manage the road successfully BE pre-
ferred to sea the matter in the Tennessee
courts to seeing the assembly shirk Its duty,
thereby admitting incompetency.
MEANS TnVr