The Weekly Sumter republican. (Americus, Ga.) 18??-1889, January 27, 1871, Image 1

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Newspaper Page Text=== THE PUBLISHED BY HANCOCK, GRAHAM & REILLY. Volume 17. SE70TED TO X3WS, POLITICS AND G3NEBAL P303BESS—IND3PENDBNT IN ALL THINGS. I TERMSr'ji < Tl\ree Dollars a Year, ( P.WAULK IS 'AOVAH&B. AMERICUS, GEORGIA, FRIDAY, J.A-TSTUARY 37. 1871. Number 48. S HITKU republican. n:vs of sunscwmox: , ( , :K . Year id 00 >1X Months, 3 00 H„.e Months, 1 GO AHI.K ALWAYS i.v advance.--s» THE STATE ROAD LEASE. TIIKEK COMPANIES APPLY FOR TIIK ROA1 7. : THE BROWN-UAMEBON COMPANY, TIIE I >OBBINS-BLODGETT COM- DRG BAFFIN REID. |l*tr« of AdvtTlUInR. .... t,t>* insertion, J1 fiO »’,,V.i. nt insertion GO c\ Jj.mls of Minion typo, solid, ennsti- UrUM inonta not oontracted for will be *.. !nents not specifying tho length of rti.n lithey are to bo inserted will be con* ordered out and charged for accord- ii^oinints to occupy fixed places will be •>;, i.»-r rent, above regular rates. I in local column inserted for twenty »d NoUcc,....... Professional Cards. ' HAWKINS & BURKE. • noruoya * Amerieus. Georgia Jno. D. CARTER, i y *f t» U Ti Y A T 1/ A W, Anuricua. Georgia. Mu. ri. us lloti-i building, corner ol UMrVuH-..il.gestreets._ . may 18 tf. FORT & HOLLIS, H i'i'TH H a : K Y8 ' i T J/AW An-l Solicitors of Patents. AnitTiens, (ieorgia. ill" r wm over It. T.Byrd’s etor®. C. T. GOODE, At 1 on tey at Law AM KRUG'S* GEORGIA. JACK BROWN, Attorney * AMERICUS, GA. p Office in Court House with Judge Stan- M,|.‘ feblGtf. N. A. SMITH, Attorn oy nt X*» w, W ILL |.U. tier ill the Court* of Sumter and Counties, and in Circuit Court of ' ii’.i t'nllege street, next to liepubli- feb 25 tf._ SAM LUMPKIN, ATTORNEY AT LAW, AMJ'.ItKTS GA. S—llWHWlETT < At l a To Hii Cor*- (Concluded.) Jta, Georgia, December 24,1870. Excellency Jln/ns B. Bullock, of Georgia— EIGHT MILLIONS GIVES Y THE BROWN COMPANY. State of (leotyia : t known, that the undersigned, Western and Atlautic Railroad Company” is principal, which composed of John P. King, Joseph E. Drown, benjamin H. Hill, Alexander II. Steph ens. Andrew.!. White, Edmund W. Cole. William D. Johnson, William S. Holt, Charles A. Nutting, John T. Grant, William O. Morill, Thomas A. Scott, William T. Walters, John S. Delano, Simon Cameron, Ifanibal I. Kimball, Richard Peters, George Cook. Henry D. Platt, Renjamin May. Ezekiel Waitzfel- der, Thomas Allen, and William. B. Dismore, as lessees and stockholders, and the (Georgia Railroad and Bank- king Company, the South Western Railroad Company, the Macon and Western Railroad Company, the At lanta and West Point Railroad Com pany, the Macon and Bruuswick Rail road Company, the Brunswick and Al bany Railroad Company of the State of Georgia, the Nashville and Chattanooga Railroad Company of the State of Ten nessee, and the St. Louis and Iron Moun tain Railroad Company of the State ol Missouri, as surities, acknowledge tliat they are held and firmly bound unto Rufus B. Bullock, Governor of the State of Georgia, and to his successors in olllco, in the full sum of eight millions of dollars. And for the true and fuithiul payment of said sum, the said principal and securities * do jointly and severally bind themselves forever, firmly, by tin presents. Wituces the official signatures of the duly accredited officers and agents of the said several railroad companies this the 27th day of December, A. D., 1870. The condition of this bond is such, that whereas, the said “Western and At lantic Railroad Company,” principal, it consideration of the lease of the Western and Atlantic Railroad, and its property id appurtenances for twenty years, mphuoeo with tho terms of an act t titled, “Ail act to. authorize the lease the Western and Atlantic Railroad,and for other purposes therein mentioned.” Ap proved Octolier 24, 1870, have agreed to make prompt payment into the Treasury of the State, of the sum of twenty-five thousand dollars at the end of each month uutil the expiration, or termina tion, or forfeiture of said lease; and also, to return the road and its appurtenances at the expiration, termination or forfeit ure of said lease, in as good condition it was in when received by said eoi pany from the State under said leas Now, therefore, if tho said Western and Atlantic Railroad Company principal shall, will and truly make said payments and return said road and its appurten ances, as required by said act and said agreement thereunder, or in default thereof by said principal, the said surities shall so pay and return for their principal aforesaid, then this bond shall be void, else it shall remain in full force Joseph E. Rrown, president of j 1L s. ] the Western and Atlantic Rail ~— — — — road Company, pro tem \. II. BROWN [l. s.j .Tohu P. King, President Georgii J. A. ANSLEY, At t ori iey-at'Law Amcricms, G-n.. HAWKINS & GUERRY, Attorneys-at-Law, 'tfer tlx-ir profession*! services to the pnblii T. ATT0KNKY AT LAW, ricus, Georgia, • give prompt attention to all business triutco to hi« care. uov ‘Mi tf George W. Wooten, ATTOUNEY-AT-LAAV, Amoriouai, ■ > ■ Gn, UiW - In the Court House. janlStf Phillip Cook, Attorney at Law, AMERICUS, GEORGIA. W ,L U' Railroad and Banking Com s.j John P. King, Pi heirs, or assigns tho Western and Atlantic Railroad, which is the property of the State of Georgia, together with all of its houses, workshop?, depots, rolling stock and appurtenances of every character for the full term of twenty years from this date, to have and to hold tho same to the said company, and the individuals com posing the same hereintofore named, and their successors representatives, assignees or heirs amply, freely and completely, without let or hinderence, until full ex piration of said twenty years, iu tho fol lowing proportions of interest, to-wit each of said lessees being entitled to one of twenty-three shares, into which the property hereby leased has been di vided by their proposition to lease the same, and which proposition was accep ted by the Governor of Georgia before the names of said lessees were entered on the minutes of the Executive Department of said State ; except as follows : Joseph E. Brown is entitled to share and one-half of a share ; Hannibal I. Kimball is entitled to one share an*' one-half of one share ; Thomas Allen ii entitled only to one-half of one share ; A. H. Stephens is entitled to only o; half of one share; Simon Cameron entitled to one share and one-half of one- sliare. The Western and Atlantic Railroad Company, composed of the persons herein memtioned, who represent the several interests herein deserilied, cov enants and agrees for itself, its succes sors, representatives and assignees to pay into the Treasury ot the State of Georgia for the use of the State, month ly, and at the end of each month, a ren tal of twenty-five thousand dollars du- riug the continuance of this lease. Also, to return said road aud its ap purtenances at tho expiration, termina tion or forfeiture of this lease, in as good condition as it was in when received by said company from said State under this lease. This lease is given and ac cepted under all the provisions, grauts and conditions prescribed by the act of the General Assembly of Georgia, enti tled “Au Act to authorize the lease of the Western and Atlantic Railroad, and for other purposes therein mentioned,” approved October the 24th, A. D., 1870, ind hereafter referred to. j *—•—* ( Given under my hand and 1 tho Great Seal of the State, at .—*the capitol in Atlanta, this Twenty-seventh day of December, iu the year of our Lord, Eighteen Hundred and •Seventy, aud of the Independence of tho United States of America, the Ninety- fifth. RurusB. Bullo. By the Governor: David G. Cottieo, Sec’y of State. and all others desiring to bid for the i ‘equal opportunity. For a period of two months joa, and all others interested, were publicly notified of the terms of tho act of tho General Assem bly, aud of the requisites necessary to secure the consideration of a bid in de termining between the different persons or companies submitting propositions.— And you were distinstly informed that a full description of the character of the security offered to complete the bond must accompany the bid, and that pro posals would bo received uutil aud in cluding the 26th day of December, then next. In case of conflicting interest be tween different bidders, it was my duty, under this notice, to consider such bids only as complied with its terms, and were submitted within the time limited.— Your proposition appeared upon its face to l»e a compliance, but before I came to decide the bids, I received, as already stated, undoubted assurauce of the high est authority that you could not give the security tendered. And as the time for bidding had passed, I probably transcen ded the bounds of propriety and justice, and gave the parties interested iu the other bid just cause of complaint, when I gave you permission to amend your bid. This I did with an earnest desire to do justice to all. But yon will okserve that I diil not extend the time indefinite ly but required you to rnako tho amend ment at once; this you utterly failed to S true, you say in your reply, stated,_ that yon offer personal security of residents in Georgia wor ' over eight millions of dollars, and pled^ yourselves to make this security satisfac tory. But of xchatpersoiud security, or of what residents in Georgia, I nm not fully informed ; nor do you specify any par ticular kind or quality of property upon which you will give the State a mortgage r lien its security. Y'ou have, therefore, holy failed even in your amended pro position to comply with the terms of my publication inviting bids. But you ure willing that the lease should bo awarded to you upon condition that you give such security within n reasonable time. Y’ou were invited to make no such bid, nor had I given any assurance that any such bid would be accepted. You were in vited to submit your bid by the 25th day of this present month, or during that day. I will not say that you trifled with tho ExeeutivelDepartment, in submitting a proposition and tendering security which you could not give but I may safe ly say that you tendered it without know ing "that all tho Railroad Companies designated would stand for you. When invited to amend your bid at once, you failed to do so by designating or descrih ing any security whati “to consider such bids only as complied go security but for their own company, with tho public notice, and that unrs, Such an act would not be more r<pre- while it seemed ou its face, entitled to hensible than to deprive the State of five GEORGE W. KIMBROUGH, ATTORNEY at law, VMOami As,.lit fur ttit .,1c .nil pur, ti,u.c ..., ?, ali ‘v"‘ Southwest Q corgi*. Iuvestigat- •Ltalt-B iitrK tly adhered to. will faithfully at- u ! hu»iue«a entrusted to hi* ca.ro. startviile, Lee county, Oa. novlltf DR. WILLIAM A. GREENE, AMERICUS, OEORGIA. servo his friends of Americas ing coanfrv in *11 the depart- aprlG-ly pany. [l. s.] W. S. Holt, President South- •western Railroad Company. [l. s.] E. W. Colo* President Nashville and Chattanooga Railroad Company. [l. h.] George H. Hazlehurat, President Macon and Brunswick Rail road Company. I. s-1 H. I. Kimball, President Bruns wick and Albany Railroad Company. (l. s. | A. J. White, President Macon and Western Railroad Com pany. II. s-1 Thomas Allen, Prudent St Louis and Iron Mountain Railroad Company. Dr. J. B. HINKLE II!ol I.L> a^ain tender his services (in *U the , wauches of the Profession) to the good O'** ° r Atnoncnu and Sumter counLC, and so- 1 . » ouaticuance of the liberal patronage utn-tofore bestowed upon him. *** S|* ei*l attention given to Surgery. J,''-quarter* at the Drug Store of Dr. E. J. tl'v f '°‘ '^"t'lence in the house known as roster house, nearlv opposite A. A. Adams. • jone^tf_ Dr. S. B. HAWKINS. JJ' OFFICF. at Dr. Eldridge'a Drug 8tore. IWidcnc. mar the Methodist Chun lu Am'* ta-Tvhes 1 again tender the good people of )»n38tf < * ,unlr 7 K en,: raUy. ME DI CAL CARD'. Xkomoval. T) iL . TIIOMAR E. SMITH wood inform his I. fnc, id , i and tho public generally, that lie hr.>* ei ^° V <. ottlce to the room over It. A. tr'„ „ n r Confectionery establishment. En- D- 1° Masonic Hall. Wlrro ho will onili. al *««»«■• nnlosH al»scnt on pror«*- aftii,.,; i- v ' iIa "°hciw his old friends and the treJt »: t- uer*lly to rail on lum, promising (i) , ” e |y 0**0 to the beet of hi* ability. dr. WM. A. GREENE TTA3 removed hia residence to the boose re- Know all men by these presents, that the following named i>erson.s have l>een accepted by the Governor of Georgia as the lessees of the Western Atlautic Rail road, under an act of the General Assem bly of said State, approved October 24, A. L>.' 1870, and ns such lessees have, by the order of the Governor of said State, dated the 27th day of December, A. D. 1870, duly and properly entered upon the miuntes of the Executive Department, and by virtue of tho provision of tho act aforesaid, become a body corporate aud politic, under the name aud style of the Western and Atlantic Railroad Com pany,” to-wit: John P. King, Augusta, Ga.; Joseph E. Brown, of Atlanta, Ga.; Benjamin H. Hill, of Athens, Ga.; William S. Holt, of Macon, ’Ga.; William B. Johnson, of Macon, Ga.; Andrew J. White, of Macon, Ga; John T. Grant, of Walton county, Ga; W. C. Morrill, of Macon, Oa;C. A. Nutting, of Maeon, Ga; Simon Camer on, of Harrisburg, Pa; John S. Delano, of Monnt Yernon O.; Wm. T. Walters, of Baltimore, Md.; Thomas A. Scott, of Philadelphia, Penn.; Hannibal J. Kim ball, of Atlanta, Ga; E. W. Cole, of Nashville Tenn,; Richard Peters, of At lanta, Ga; George Cook, of New Haven, Conn.; H. B. Plant, of Augusta, Ga. Benj. May, of Columbus, Georgia Eze kiel Wiilzfelder, of N. Y.; city ; Thomas Allen, of St. Lonis, Mo.; and William B. Dinesmore, of New York. Therefore, I, Rufus B. Bullock Gov ernor of the State of Georgia, by virtue of the power and authority vested in me by the aforesaid act of tho General As sembly of 'Georgia, do hereby grant, con vey and lease to the Western and Atlan tic Railroad Company, composed of the persons whose names aro herein given, and to their successors, representatives, over nor Bullock tells the Dobbins' com- pany why he ilecides against it. Executive Department, 1 State of Georgia, ]- Atlanta, Ga., December 28, 1870. J M. <i. Dobbins, Euj., Atlanta, tla.— Dear Sir: Referring to your second communication of the 27th instant, hand- the same morning by Messrs. Seago aud McNaught, in which yourself und associates seek to amend your pro posal for the lease of the Western and Atlantic Railroad, by the reassertion of belief that you can give as security the Macon aud Western Railroad, the Central Railroad and Banking Company, Southwestern Railroad, etc., aud proposing, if that fails, to obtaiu person al security, together with the suggestion that, “We are willing that the lease should be awarded to us upon condition that we give such security withiu reas onable time,” I lmve the honor to say that, on the 26th day of October of this I gave public notice that among other things “for the purpose of carry ing out this act, proposals will be receiv ed until and including the 25th day of December next, aud must be addressed to tho Governor of the State of Georgia, ftt Atlanta, and marked ou the wrappi ‘Proposed to lease tho Western aud At lantic Railroad, in accordance with act approved October 24, 1870.’ The proposals must state in full the namo and residence of the parties writing to make the proposition, the amount that each of the parties therein named are worth over aud above their debts and liabili ties, together with afull description of the character of the security which will bo of fered to complete the bond. It will be observed that this public n- tice was given for the purpose of carr ing out the act of the Legislature, aud that it thereby, to a certain extent, be comes a contract between the State and snch persons as may act under it, and make proposals, und that the proposals must be considered when made in accor dance with the advertisement. The pro posal made by yourself and associates describes the character of security which will be offered to complete the bond, by referring to the several railroads hereto fore mentioned. But at the same time I received proposals from other parties, describing the same security together with certificates from tho proper officials of these railroad companies, certifying that their roads could not be used as se curity for any other proposal except that made by themselves and associates. To this your attention was invited by my noth of the 27th, and on recept of your first note iu reply, you having failed to make an explanation of the misunder standing in relation to the security, a proposal which complied, iu every par ticular, with the law, und with the public lotice, was accepted. J from yourself r pow offei Under those circumstances I feel that I should be trifliug with tho public in terest were I to reject a proposition made by a company of undoubted reliability, tendering security of unquestionable sufficiency, who Jhave complied in every particular with the law aud the public notice given by the Executive, aud accept ur proposal based upon your promisi give security within a reasonable tiim future. You might again have failed you have already done iu the first stance. Iu that case, tho company which submitted a proposition accompanied by sufficient security, would m longer have l»een bound, and I \voul< been left to commence de nova am ask other bid* from companies able ti comply with the terms of the statute. In conclusion I will only remark that the law authorized mo to lease tho Road auy time alter its passage, to pany " implying with all of its term: um not less than twenty-five thousand dollars per month. It was neither made my duty to give public no tice nor to accept the highest bid, unless other things were equal. I gave the notice for the purpose of culling the at tention of such companies to the subject ns were able- and ready to comply with tho requisitions of the iaw. Tho com pany to whom I have leased tho Road, harmonizes all conflicting interest which might arise between different portions of the Railroad system of the State. You will therefore, agreo that I have fully complied with both the letter and spirit of the law, and have no doubt that ‘ my action is best for the whole people of the State, and I may be content to abide their verdict upon the transaction. I am, very respectfully, eti Rufus B. Bull onsideratiou, was Utterly deficient, tho matter of security, ns "you had certi fied to you by agents of the very com panies offered by us. You seem to fear you have reason for the other bidders to complain of injustice on your part in al- lowingus to amend; calling particular at tention to the evidence of yonr fears at the time, as shown by tlie fact that you directed us to amend at ouee; which, you say, we utterly failed to do. You admit that we offered personal security worth over eight millions of dollars ($3,000,000;) but you allege that we failed to name the persons willing to go on our bond, or the property on which we proposed to givo a liou ; endeavoring to supply this deficien cy by expressing our willingness to have the lease awarded to us upon condition that we give such security withiu a reas onable time. Yon inform us that yon asked for no suclv and barely refrain from chargiug us with trilling; saying plainly, und with emphasis, that we offer ed security that we knew not what could command. To reject a bid, which you have accepted, for ours, with its local character and fatal defects, you won Id consider trifliug, oa your part, with the public interest; in ns much as seeing we had failed once, we might fail agaiu, thereby causing you to begin anew, and perhaps, utterly f;iil to lease the road. Y'ou conclude that yon have been ovei generous to us in giving us an apportuni- ty to make a bid at all, seeing the act au thorizing you to lease the road, allowed you to lease it without giving any public notice whatever, and without leaving it to tho highest bidder unless other things were equal. Yon have no doubt that we will agree with your Excellency, that you have observed the law in letter and spirit, and have done the best for the State ; that you may be content to abide the verdict of the public iu tho premises. In reply, I have tho honor for myself and associates, to state that in order to fully understand this whole subject, it is necessary to keep in sight the substantial fact that tl»e company which I have the honor to represent in this correspond- ,and of which I am an humble mem- made two bills for the Western and Atlantic Railroad—ouo for thirty-four thousand five hundred ($24,500) dollars month during the whole term of ■nty years, tho extent of the lease; other a sliding bid, commcuc- t ;with twenty-six thousand ($26,000) dollars per mouth, and so increasing as to make tho average per month, for the twenty years, amount to the sum of thirty-six thousand five hundred ($36,- 500) dollars. The bid which you accep ted was for twenty-five thousand ($25,000) dollars per month,to be uniform through out the term of the lease. Taking our lowest bid, there is a difference in our favor of nine thousand fivo hundred ($!>,- 500) dollars per mouth, or of one hun dred and fourteen thousand ($114,000) dollars per annum, or of two miliiou two hundred and eighty thousand $2-, 280,000) dollars for the 20 years, not to count interest, which, at 7 per cent, would be one million five hundred aud niuety-six thousand dollars ($1,506,000;) thus swelling tho aggregate difference to tho neat little sum of three miliiou eight hundred and seventy-six thousand dol lars ($3,876,000.) Vnder out b ighest bid the aggregate difference would have been four millions four hundred and eighty eight thousand dollars ($4,188,000.)— Upon reflection, will yonr Excellency i pretend to weigh tho inconvenience of commencing de noro, in case we should have failed to give tho required security, added to the trifling expense of re-adver tising, against tho increased advantage of $3,876,000 or of $4,488,000, which the State would have obtained by tlie accep tance of our bid ? Your Excellency well knows that the road would, in no wise, have been an entire loss to the State, even ad no lease been finally effected by ‘trifling” with it. It is well known that millions of, dbl: ■ •*. Charged with the high duty of g: - ding the public inter est, these consul* rations should not have escaped your min i, for then it would not have been iu L* power of greed to form a combination hereby tho State loses five millions i i dollars. \ r ou certainly should have »•* -rained from whispering into the ears •. f the chief conspirators, by “rurnora • the streets,” information by means ot ■ hick they could so rob our State, for it will not be presumed that these Railroad officials betook themselves to certifying onr inability to give security unless they had heard by “rumor on the streets” of our makiug a higher bid than that iu which they themselves were in terested. It will not bo believed, that the fact, that we had offered the highest bid submitted to your Excellency, went out from members of onr company. It was certainly not rumored on the streets by any of us. Wo were careful not to give onr rivals that advantage over us; and’we feel that a great injustice lias been done ns in the fact that the nature of our bid was beard by “rumor on the streets.” It would have been but justice to us, if rival bidders must know before tho lease is awarded, tho nature of our bids, and be enabled thereby, clandestinely to thwart our arrangements for security, to be allowed a day at least to get other se curity in view of that, of which the rumor heard on the street had deprived us. You seem yourself, to have had at least, a vague conception of the justice of our having some comp en - a ll on for the wrong we had suffered from some quarter, known to us except by “rumor on streets.” If yon did not mean to trifle with ns, when you gavo ns notice to amend “at once;" otherwise, why call up on ns to amend? Justice at this point, would have allowed us reasonable time to amend onr bid. No ono knew better than yourself that now security could not bo gotten up and fully described at once. No one knew better than you, how great an outrage the vast ring who had been put iu possessiou of our secrets, were bent on committing not against us, but against tho whole people of Georgia. Against a combination so powerful possessed of our secret which wero no less sacredly our own than important for tho public interest, yonr Excellency alone could prevail. Had you permitted street” to bo heard US, but kept yourself at equipoise be tween us and‘that well certified ring, armed as wo wero with the right, to-day tho poor of onr impoverished State would not lie contributing the four mil lions of dollars which have been so easi ly pocketed by men already rolling proposal ciates, ail of whom are citizens of Atlan ta, as compared with a proposal from per ions and interests from this and seve ral sections of the State, wonld leave me no alternative but the favorable consid eration of a proposal representing the greatest number of interests. While I have an earnest desire to forward the prosperity of this growing and enterpri sing city, I am not forgetful of the fact that the Western and Atlantic Railroad is the property of all the people of tlio State, and that both the letter und the spirit of the act authorizing tlie lease of tliat property, would render it impossi ble for me to aacept a proposal which would in effect, confine the usefulness of the property to tho solo benefit of tlds city. Iu tho proposal which has been accepted, all of railroad and business in terests connecting with the line of the Western and Atlantic Railroad in this State, together with a proper represen tation from this and other principal cities of tho State have been harmonized. Iu accepting such a proposition as this last named, even if tho proposal made by yourself and associates had carried with it a description of security as required by the act and by tho public notice, I ihould be satisfied that my action was in accordance with the letter and spirit of the act, and in harmony with the best interest ol the State, and -thp judgment .of the tax payers throughout tho State. This reply to your supplemental letter is unnecessary, and out for the high character of yourself and associates, would not have boon written. Mr. Seago, however, having pressed the matter yer- bally, I desira to *ay still further,; that there are other points to be the do ruins gomi I.Y AT THE GOVERNOR, DEFEND THEIR CAUSE, AND DEMAND THE ROAD. Atlanta, Ga., January 4, 1871 To Jlis Excellency Rufus Ji. Bullock, ti ernor if Georgia— Sir : Yonr communication of tlie 28th ultimo was received ou yesterday, which you state tliat we seek to amend our proposal for the lease of the Western aud Atlantic Railroad by re-usaerting our letter of the 27th ult, that we c. give us security certaiu railroads whicli we had named iu connection with • proposal, and by proposiugif that fail, obtain personal security, together with tho suggestion that “ wo ure willing the lease should be awarded to us upon ditiou that we give such security withiu a reasonaqio time.” You then proceed to state that your public notice extend ing from October 26 to December25,1870, given for the purpose of carrying out the act of tho Legislature, became to a cer tain extent, a contract between the State aud bidders for said road, and that fail ure to comply with that contract shuts out tho parties, so failing, from having their bids considered in tho leasing of said road ; und tliat wo did so fail iu this; that we named railroads as security tliat had the highest authority for oeliev w wo could not,command, and after ward tailed when notified by your note of the 27tlx ult., of this fact, to maku explanation of what you are pleased to term a misunderstanding iu retut rou to tho security; leaving you no alternative but to accept another proposal which compiled in every particular with thj law aud with the public notice. You object, argumentatively, to our company because it is composed exclusively of citizens of Atlanta, felicitating yourself in the mean time upon having found a company which harmonized the rauilroads and business interests of tho whole State to such an extent that notwithstanding your parti- common achievement fori the road to earn $25,000 per month, tlie sum offered by tho accepted bid, even when tho hands of the State. It strikes the nils of all as very remarkable that you should have preferred the bid you did, f tho difference in the items of money as shown, us well as in view of tho fact that yon declared, without hesitation, the presence of two members of our company, whose intelligence and stand ing are of the highest, that you had no doubt of onr ability to give the bond with tho required security ; that any company obtaining the road could give the securi ty. Y’ou do us the honor to speak of the high character of tlie gentlemen compos ing our company ; at the same time you dishonor us beforo tho world in flatly de claring that we have been guilty of false representations iu the fact that we pre- tended to control security winch yon say we could not. You must have found, by this time that gentlemen of high character are ca pable of very low aud unworthy conduct, lour Excellency is aware that you took care not to allow us an opportunity to prove the truth of an assertion in regard to our ability to give the security named. \V 7 d have never doubted our ability to give for security tlie identical property whicli we described in connection with onr bid. At the same time wo protest that tho law did not authorize you to demand a description of the security at. the hands of bidders; least of all, to re ject a bid upon the presumption of fail- ality for oiir growing city, you feel sure you will have’ the approval of the tax payers iu acceptiug' their bid to the ex clusion of ours, even wero there nc trouble about our security. You seem, to have no doubt that the acceptance of tho other' bid is in harmony with the let ter and spirit of the act authorizing the road to be leased. Y’ou declare your long letter wholy unnecessary, exco.t to show respect iop those addressed. Mr. Seago is given special consideration, in consequence of his having pressed this matter verbally; is shown the equal aud fair opportunity given by the public notices, wherein wo and everybody else, wore distinctly told .to describe particu- ’-W fha apourl- { have our c to give security before you had given tho bidders an opportunity to teat their ability. We nevertheless challenge your Excellency to test our ability even now, and, failing, let ours be the shame of making false pretenses—yours, the honor of haviug foreseen cur duplicity in pro posing that which we,could not consum mate. Your Excellency should not have been unmindful of tho fact, that the railroads consenting to becomo security for either company, did mo because of certain positive advantages which they expected to gain thereby, or to prevent the iujory that might result from other roads becoming such security to the ex clusion of themselves; that the amount paid by the company secured is of no consequence to the roads going its rity; but that tho good-will of such com pany is worth a vast deal to connecting roads; so that nothing is more natural than for such connecting roads to strive for such good-will, or at least to be on an equal footing with each other in the favor of snch company. Being thus indiffer ent as to the amount paid by the lessees whose security they propose to become, when a balance of interests hod already been cheated, os in tho case of our rivals roads would be easily moved, by large stock-holders and directors, with the bright prospect ot a largo fortune soon to be realized by means ot their connec tion, also with the new Western and At lantic Railroad Company, to throw ob stacles in the way of another company wealth. Think of the iguorauce that this amount of money judiciously ap plied under onr common school system would dispel. The rich meu who com- poso that ring need no executive aid. They are tho capitalists of onr State. They are men whose intellects have moulded the policy of our State affairs. They of all men, ueeded not the hard earnings of our impoverish oil people; the means that should have been devoted to the education ot our poor iucluding those so recently released from bondage. You refer to the liberty allowed you by tlio act of the Legislature in leasing the road. It is true, you ure allowed large liberty iu the premises. Why such liber ty was given, wo with certainty, know not. It is not permitted ns to know what the draftsman had in his mind when lie drew tho bill, which finally be came the law, under which you act in this matter. He may have been forming a ring to bid for the road. His plans may have all been arranged. That same draftsman may form part of the identical ring now in possession of the road. These things we cannot know. We may be assured, however, that the Legislature intended the liberty, given you by tho act, to be used for the good ol tlio peo ple, aud not for the benefit of a ring. Had no limit been fixed at all you would have beeu bound under the general obli gation of you duty to the State to lease to the highest bidder—“other things be ing equal.” All men act upon that prin ciple of common sense. If you place your cast-off garments in the hands of an auctioneer to sell for you, it never oc curs to you to instruct him to sell them to the highest bidder. He would not think of doing otherwise. The quarter master at onr military barracks, sells the refuse accoutrements and old tent-poles to the highest bidder, and would doubt less bo considered as derelict in duty, did he act differently. It was presumed you would act upou tho same principle by \vliich men are generally governed, when acting for themselves, or for oth ers. You certainly would not pretend that von are permitted to do otherwise in leasing the road in question. It would generally bo supposed that you placed by the freedom given you by the act under increased obligation to see the interests of tho State protected. Yon wero given discretion, because yon wero presumed to 10 discreet. You evidently so understood your duty, for you claim to have acted for the best interests of the State, and that you wero justified in leasing to whom you did, no matter how good onr security, or how particularly described. You base this claim ou the face that our company is wholy made up of citizens of Atlanta, inferring hence'that all the benefits aris ing from the lease of the road, will be confirmed to this city. You even go so far as to express your devotion to tho interests of Atlanta; so that nothing but your obligation to the whole State, could influence you to au act that might lesson its development iu tho year to come.— nizing railroad interest iu the State. It was for you to see that the people, the whole jieople, received no wroug by vour action. This you utterly failed to So. Suppose the Macon and Western, and the Central Railroad Banking Com pany, had become one of the securities, and*suppose, moreover, that by reason of such eleaverness ou their part, supposing had the road, a few car loads of freight had been sent over their lines in preference to tho Georgia road aud others, how would the people, thereby be i injured ? The roads thus favored might have received a few dollars which, otherwise, would have fonnd their way into the coffers of other roads. No one can tell how in such case tSe people would have been harmed,especially with four millions of dollars added to their fortunes in the way of diminished taxes. To avoid however, the appearance of in jury to even railroad companies iu the way above indicated, it would have been well to have bad it rumored on the street that the lease would be awarded to one company until the other bid should be raised above oure; aud that the railroads not named among onr securities had better propose to join with the others, to go on our bond, to prevent injury to their business. The harmony now attained nt such heavy expense, could lmve been thus reached at much less cost to the State. The only question for your Excel lency to consider, was who offered the highest bid, with ample security to pay the money promised. It is a question of dollars and cents; and os such every citizen, whether rich or poor, railroader or farmer, Governor or governed, is in terested in having the road leased for as much money as'possible. The people of Atlanta alone, aro likely to be injured by a company paying tho highest rent for the road ; for it might become neoess- ary, in order to make the road pay in such case, to show this city fewer favors than a company paying less rent could afford to do. So your objections to our company, on account of its being confin ed to this city, is wholly without force; nay, the argument you claim for the otiier company, os against oure, is all with us. The benefits from our leasing the road, so far from being local in it* beneficial effects wonld have been felt in every household, whether rich or poor, throughout the length and breadth of the State. Our bid was submitted to yonr Excel lency before the close of Decemlier 25, 1870. Though the accredited agent of the Central Railroad and Banking Com pany had, ou tho 20thnit., already given the pledge of that Company's security for parties with whom said agent was as sociated, aud the same person had, as di rector of the Macon aud Western Rail road Company, made a similar statement iu regard to the latter road. _ I assert that we had the highest authority for of fering both of said roads as security.-- Yonr Excellency seems to lie somewhat confused by the artifice of au interested agent ’and director. What possible hin drance could there be in the way of these roads to prevent them from proposing ‘ go security for both companies could ob tain the lease, and but one could call on them to fulfill their promise m case of a successful bid. There could have been no possible conflict here. Tbe highest officials on such Roads, as well as the stock holders thereof, would have been ready to support us in our bid, had we beeu successful just as we first assured yonr Excellency. We were informed that such Roads wonld be ample security. The securities by the act of tho Legisla ture. are required to justify in t’ of two millions of dollars, and body knows that said Roads are ample for the purpose. Your Excellency will agree with us, tliat we could have given the security offered had yon awarded the lease. Bat sir, we deny your right to decide our inability to command tbe security named by ns until he had failed. We had shown your Excellency that onr com pany possessed ample property, free from debt and incumbrance of any sort, to m ike good any loss the State might have sustained by reason of our failure to com ply with the terms upon which the lease was awarded. Had we failed, your Ex cellency had but to sue us to recover the damages sustained by the State at hands. We all understood that we would be held responsible for damages iu case of our failure. We would have called your Excellency, had wo felt that needed yonr assistance to save us from snch consequences. By your excessive zeal in onr behalf, you have done us a great wrong—you have wronged the State whoso interests you had been set to guard. Against this wrong I protest, m the name of myself and associates, and in the name of the defrauded citizens of Geor gia. We now demand the possession of said road as our legal right And we no tify your Excellency that we will exhaust all lawful means to obtain onr rights iu the premises. Very respectfully, M. G. Dobbins. * In- v ut-.y our proposal submitted before in determing in *thia question. My pub-.1 the dose of the 25th day ot December, lislied notice, heretofore gave yon, J1870; is reminded that it was your duty whose success might, some how, serious ly unsettle their already well- balanced interest. In this case high officials of such Boads, in order to make sure of the dazzling prize, now almost iu their grasp jeopardized only by the rivalry of anoth er company* might presume, however, foreign to, the wish or knowlr ’ Your Excellency never made a greater mistake tliau to suppose that the benefits of the road in our bands would be con fined to this city. Be the residence of the present lessees here, and everywhere over the State as at this time, what as surauce have you that-they Bill not all move to Atlauta as soon as their dividends from the Western and Atlantic Railroad will justify them iu retiring from active business life, and enable them to support that otiuvi cum dignilate How do you see so far into the future to know that the members of our compa ny now residiug in Atlanta, hereafter called hence iu the exercise of their skill as railroaders, acquired by hard labor, endeavoring to save themselves harmless under tbe hard bargain which you, doubtless, think would have been theirs, had the lease been awarded to them, may not find themselves a. tually engaged in carrying ou the business of those very roads that you eeem so happy in having on the bond recently approved by your Excellency? Who can say that the pres ent lessees will not give place to their assigns, who may reside in this city in leas than five years ? Had we been awar ded the lease, who knows.but the shrewd men connected with the railroads, the interest of which you have so oeautifully harmonized, might not, by means of their wealth and by their appreciations of the importance of that same -harmony for Degrading the Judiciary sultino the People.—We had begun to have some hope of Bullock—hope that he had come to look upon the people of Georgia with some degree of considera tion—that he was learning to respect himself and his high office. There were some signs of a change that we hailed an omen of good. But one acthas assured of the mistake, and that repentance and reformation are conditions to which he incapable of even aspiring, much less attaining to. We have no words to express dignatiou and contempt for his appoint ment to the Bench of this Senatorial Dis trict. That au illiterate negro, to whom the law is a profound mystery as tha language of the stars, and who has not the first qualification for the trust, should bo elevated to an important tribunal of justice, there to pass upon the rights and liberties of onr people, is an insult and outrago too grievous to be borno in silence. And it was intended as such. act of retaliation upon a commu nity that never consented to degrade itself by an endorsement of himself. YVe can only say, upon him be all the conse quences of the act There are some wrongs which even a law-abiding people will not stand.—Sttv. Rep. . Letter from Hon. II. If. Ilill. EXPLANATION THE LEASH OF • Eli tors Chronicle ,0 Sentinel .-—There seems to lie a disposition to give to the public everything leading to, and result ing iu, the lease of the State Road. I caunot better stale my own motives and views than I stated them in November, in a private letter addressed to Judge King, which I herewith hand you. The letter was not intended for publication, but I retained a copy this time, and it may save some kind fellow tho trouble of getting foolish affidavits from some other # kind fi-llows about somo foolish things they heard about it,' or'thonglit they saw it, to publish it aud you will oblige me by- doing so. The response Of Judge King was fully satisfactory, and just such as I expected from one of tho most useful and honora ble men in this or any other Btate. The gentlemen immediately represent ed by, and associated with me in this matter, were Wm. B. Johnson, Andrew White, Charles A Nutting, Wm. S. Holt, aud John T. Grant, and I do not think wo knowingly engaged in a “swin dle.” I think I am brave and honest enough to do all men justice, and it is but sheer justice to add that Governor Bullock seemed to mo to desire to carry out tho law in good faith and seemed even ambi tions to lease the road to the company representing interets that would secure success to the company, and ample safety to tho State, and best interest of the peo ple. I decliue to become a leasse except on the terms set forth in the letter. I had right to dictate to all the lessees. My terms were substantially accomplish ed; rail. o.ul men said the rental stipula ted was not only fair but full; a great work lias been rescued from corrupt par ty manipulation—a result I have advoca ted for thirteen years. I know the State benefitted; I know my own liands are clean, and I shall not surrender the road back to the corruption whence it came; certainly not for the present. January 18, 1871. Brow. Hill, [copy. | LaGRANGE, Ga., Nov. 30, 1870, Non. John 7*. King, President Georgia Railroad and Banking Company, Au- gusta, Ga : Dear Sir: I called at yourofficoon Friday last, but you were not in; I will write briefly what I desired’to sfry iu person more fully. Pending its passage by the General Assembly, I gave my written approval of the bill to authorize the lease of tho State' Road, etc. Besides the desire to sec this great - work taken'out of the ‘ control of corrupt party politics, there wero two ipeeial reasons why I approved this par ticular bill to lease : The first reason i, that I was assured unless this bill to lease was passed, one, nominally to soli, but really to steal the road, would pass. Tho second reason was that I was assur ed yon would organize the company; and while it was not precisely so 'stated, I was yet certainly impressed with the belief that the other connecting roads would be consulted in the organization ; that is to say, a company would bo form ed in concert, and thus secure accord and be acceptable to all the people. It was certainly stated the bill, was framed with this view. Now, outside of the magnitude of the interest involved, I feel a special desire that tho gentlemen who are to be tho lessees should be snch as will secure the confidence of the people—the owners— because if tho company rirnll excite odium, that odium will attach to the lease itself, and will extend to all who aided , or approved its adoption. Rumor lias many tongues as to the personelle and chaacter of the lease and company to be formed. One is, that your road aud one in Tennessee are to be the sole endorsers and the chief benefici- If this is well founded, a fierce and bitter contest may l»e expected.— Let me beg you not to permit this. Another rumor is that the Chief Jus tice of the State is to be interested as a lessee and is even to be the President of thejeompany. This is exciting much disparaging comment. As an individual,. I would not say one word against Gov-, emor Brown as a lessee. He is able and industrious. But, as a Chief Justice, there is every objection to his connection with this lease. The greatest crime of this corrupt age is the use of official station- for personal aggrandizement You have been the honored associate of men of better hab its in better times. I beg yon now not to allow yonr good name to be quoted hereafter ns lending countenance, even by association, to this great crime. In iny judgment this great work, ought to be removed from political par- tizan control It will subserve the pur poses of its construction far better iu good private hands, and its disposition ought to be such as to inspire the confi dence of the people, and thus be peace ful and permanent. I think the only sure way of securing these results is that tbe lease be made to gentlemen enjoying the confidence of the people, and not which tbe State how pays so dearly, have bought alt our interest, and thus diversi fied tbe interest connected with the State Road ? But it never occurred to us that swifeS'i p* ^ * hofc ‘ k ? tani f 4&*It was stated some time ago that Whitely would not contest Col Tift’s seat in Congress. It tnrns out that if be gets his seat in the Senate, ^ie will leave Col Tift undisturbed. Otherwise, he will endeavor to have him ousted.—Sav. Ad. • ' .. : ' - ■ : • Butts county is prond of a female nigger, aged - twelve, .who has already made a contribution to the next census. Where is the party who said the colored race was dying out ? holding positions of trust in the State- business men of means—and that all the connecting roads in Georgia become the endorsers—thus securing to them equal security and protection in the manage ment. Pardon me for writing thus frankly, and believe me, with the highest regards. Yours, very truly. . . - Benj. ILHill. Governor Alcorn’, of ' Mississippi, ii charged with having received a bribe of a plantation valued at $74,COO for pardon ing a murderer.

Georgia Historic Newspapers

The Weekly Sumter republican. (Americus, Ga.) 18??-1889, January 27, 1871, Image 1