Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-06-25

states revenue permanently in future.
SUIT FOR PROPERTY IN CHATTA-
NOOGA.
We have also had under consideration
the claim of the state for property
amounting to over eight acres now in the
possession of the Nashville and Chatta-
nooga Railroad company in Chattanooga.
The property was conveyed by the COVER
nor to the Nashville and Chattanooga
Railroad company in 1860 for the sum OF
IS, 900 and less than an acre of land. II
is now worth a very large sum. just how
much 1t is difficult to say, certainly more
than a million dollars 81, 900, 000.)
In 1896 Hon, w. A. Wimbish, then spe-
cial counsel for the state, called attention
TO the fact that the legal title to this
property was still in the state, and that
the conveyance made in 1860 was unau-
thorized. The chancery court of Tennes-
see has held that the conveyance passed
to title from the state of Georgia to the
Nashville and Chattanooga Railroad COM
pany. Probably the only question now in
volved is the statute of limitations and
the statute of limitations should not be
held to run against the state. A suit
could be instituted for the property in
the supreme court of the United States
and the rights of the state be there de-
termined. The legislature in 1896 author
submission of the claim of the state to
this property to the board OF arbitration
which had been considering other claims
of the state. The railroad company de-
clined to submit the matter to this board
of arbitration. Litigation was pending
at the time in Tennessee in which it was
believed that the title OF the state would
be passed upon, and no suit was at once
brought by the state to recover the prop
erty. The chancery court expressed the
opinion that the deed made in 1860 was I'M
authorized and pass no title out of the
state.
The facts were all presented again to the
governor and the legislature by Special
Attorney Wimbish through his report in
1898. Mr.. Wimbish at about that time
ceased to be special counsel for the state,
and a legislative committee reported the
facts to the legislature, but no action
took place authorizing the suit. Had the
subject not been before the legislature
would have exercised the authority of d.
recting a suit for the property. AS it is.
bring the matter to your attention and
recommend that suit be brought for this
property.
PURCHASE OF YARDS AT CHATTA-
NOOGA.
The legislature, at its last regular ses-
sion, passed joint resolution authoriz-
ing the governor to ascertain what lands
In or near the city Of Chattanooga were
desirable and available for terminal pur-
poses for the Western and Atlantic rail-
road, either for switching or delivery
purposes, and to procure options thereon
for the benefit of the state, if, in his
discretion, advantageous terms could be
obtained.
In pursuance of this resolution, I Sc
cured the assistance of Hon. Paul B.
Trammell, who visited Chattanooga with
out disclosing the real object of his visit
and, through real estate agents of that
city, secured two options, one upon 40
acres of land at the price of 900 an
acre. This option was given to Frank
T. Reynolds and by him transferred to
the state. The option is good for 80 days
and was given for the nominal sum Of
$40.
Alongside of this 40 acres there was an
other tract of 30 acres, which was offered
for an immediate sale at $500 an acre.
This price was considered low for the
property, but the party declined to give
an option. Mr.. Trammell finally secured
this option lasting for 60 days, for the
consideration of 500.
The options, therefore. cover 70 acres
of land lying broadside along the West
ern and Atlantic railroad, we'll adapted to
yard purposes. Property in this vicinity
Is quite in demand and is increasing rap
idly in value. If the Western and Atlantic
railroad were owned by a private cor
peration 1 have no doubt the property
would be purchased. 1 believe it advis-
able for the state cto use both of these
options and to buy both tracts of land.
think it would be a great mistake II
the state did not take advantage of that
option, which is at only $500 an acre.
The terminals of the Western and At
lantic railroad are now almost in the CEN
ter Of Chattanooga. The people of that
city are very DESTROYS to extend Broad
street through the Western and Atlantic
terminals.
If yards were purchased for the West
ern and Atlantic railroad further away
from the center of the city under the
options I herewith present to you, and
Broad street was extended, the property
Of the state in Chattanooga not now
claimed by the Nashville and Chattanooga
Railroad company and not required for
terminals, could be leased for business
purposes at a price almost equal to one
half of the entire present rental of the
Western and Atlantic railroad.
The present lease of the Western and At
lantic railroad expires in about eleven
years. Although this seems a distant Pc
Rod, still, the state cannot afford to neg
lect giving that attention to its business
interests in connection with this property
which will insure its greatest value.
USE OF THE w. & A. BY THE L. & N
In connection with the Western and At
lantic railroad, l also desire to call your
attention to the fact that the Louisville
and Nashville operates the road under an
arrangement with the lessees, the Nash
Vile and Chattanooga Railroad company,
from Gainesville to Atlanta. 1t is posi-
BILE that this suitcase violates the pro-
visions of the original lease. 1 have not
deemed 1t advisable to raise this ques-
ton. On the contrary, I believe the inter
ests of the state would be promoted by
legislation which would prevent the Lou
isville and Nashville Railroad company
from building into Atlanta, and which
would encourage the construction of a
double track upon the Western and At
lantic railroad from Gainesville to At
lanta.
EXTENSION OF THE W. & A. RAIL
ROAD.
The legislature at the extra session
authorized the appointment of a commits
sion to consider the extension of the W.
and A. railroad to deep water. The COM
mission was appointed, but 1 am advised
has been unable to complete its work.
GEORGIA RAILROAD STRIKE.
During the past month a strike by the
f1remen upon the Georgia railroad results
ed in a temporary suspension of the