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To
EXECUTIVE DEPARTMENT*,
Milledgeville, Oa.
January 30th, 1866
the Senate, and . * w ■
House of Representatives:
I herewith transmit to you a communication from the
Superintendent of the Western & Atlantic Rail Road, un
avoidably delayed to this time.
I trust it will enable you to make an approximate esti
mate of the sum necessary to refit the Road.
It will be seen that the sum total of purchases from the
United States authorities, is four hundred and sixty-four
thousand, one hundred and fifty-two 25-100 dollars. A
disagreement occurred between those authorities and the
Superintendent, as to the terms of sale and time of pay
ment, which induced me to communicate with General
Thomas, commanding division of the Tennessee. The
terms exacted were, the giving of a bond, with approved
personal security, tor the payment of the purchase money
and interest, two years after the date of the contract, or
the payment in equal monthly installments, during the
two years.
No bond having been tendered, monthly installments
were demanded as the alternative. In his reply to me,
dated January 4th, General Thomas, after stating his un
derstanding of the terms, says, “I am willing for the pres
ent, to defer the collection of the stipulated monthly in
stallments, until the Legislature has time to provide for a
compliance with that condition, and I will instruct Maj.
Crilley to defer the collection of the monthly payments, if
you will urge upon the Legislature, at its next session, the
propriety and necessity of authorizing Mr. Baugh and the
Treasurer of the State, to execute a bond, pledging the
faith of the State, to the payment of the debt incurred by
it, in the purchase from the United States, of Rail Road
property, within a period not exceeding two years, with
interest at 7 3-10 per cent, per annum.”
As the payment of monthly installments may, and in
the opinion of the Superintendent, will embarrass the
Road, I urgently recommend, that the General Assembly,
by an Act to be speedily passed, authorize the execution of
such a bond. •
I infer from the phraseology used by Geueral Thomas,
referring to the time of payment, (“within a period not ex
ceeding two years,”) that there will be no objection to the
insertion of a clause, providing for earlier payment, in the
discretion of the State. This would enable the State, in
case her bonds on long time can be negotiated at a rate of
interest lower than 7 3-10 per cent, not only to save the
excess during the two years, but tc bring this debt under
such general scheme, as the General Assembly may think
proper to adopt for the prospective adjustment of her
finances.
1 call your attention to that part of the Superintendent’s
report, referring to a claim of the State of Georgia, against
the Government of the United States, for the occupancy
and use of the Road, whilst in their possession. The Su
perintendent entertaining the opinion, that this claim should
be promptly adjusted, and such sum as might be found due
the State, applied to the payment of the debt for property
purchased as above stated, from that Government. I also
pressed this point upon General Thomas’ consideration.
In teply he says : “As to the claim which the Western &
Atlantic Rail Road may have against the United States, for
all profits and money received by. them from the Road—
that, in no way, is connected with the matter of indebted
ness of the State to the United States, in so far as the turn
ing over of the Road to the State is concerned. The set
tlement of that claim is provided for, by act of Congress,
approved January 31 st, 1862, which provides forthe appoint
ment of Commissioners, who shall assess and determine
the amount of compensation, (if any,) to be paid the
Road.”
This subject will demand your attention during your
present session. By the Act to which General Thomas re
fers, it is provided that the President, by and with the ad
vice and consent of the Senate, shall appoint three Com
missioners, who shall assess and determine the compensation
to be made, and return their award for the consideration of
Congress.
I believe this has not yet been done, but will be, proba
bly, during the present session of Congress, and some com
petent person or peisons should be appointed, to represent
the claim of the State of Georgia before the Commission
ers, when appointed.
I further ask your attention to what is said in the report,
regarding the levying of a tax upon the gross earnings of
the Road, in which I trust the Government of the United
States will not persist against sucli remonstrance, as you
may think proper to make.
You will see that the Superintendent closes his report
with his resignation of the position. He accepted it under
circumstances most embairassing, and has, I doubt not, de
voted himself to the execution of his difficult trust, with a
degree of zeal, energy, and ‘fidelity, which entitle him to
grateful consideration.
I trust he will find in other employment, less annoyance,
and a more compensating return.
Respectfully submitted.
CHARLES J. JENKINS.
Balance due by connecting Roads, November
30th, 1865,.; 105,722 12
By agents for freight on hand not delivered,.. 26,537 20
Amount due by Post Office Department,..... 2,566 67
Cash in Treasury, November 30th, 1S65,..-; 51,770 02
Report of the Superintendent of the W. & A. R. R*
OFFICE OF WESTERN & ATLANTIC R. R. >
Atlanta, Ga., Jan. 10th, 1866. )
To his Excellency
CHARLES J. JENKINS,
Governor of Gcrrgia:
Sir :—In obedience to instructions contained in your let-
tor of the 25th of December last, I proceed to lay before
your Excellency, the condition, operations, finances, pres
ent and future wants of this Road, together with its lia
bilities for Bridges and contracts, and for the purchase of
Engines, Cars, and other supplies for its use.
It would be desirable to place before you the operations
of the Road, for the month of December, but settlements
have not been made with all other connecting Roads, and
the payment of employees is not made until the fifteenth
day of the month succeeding the one in which the service
is performed, and consequently no exhibit can be made for
the month of December.
Below will be found the expenses of working and main
taining the Road, from the 25th day of September last, to
the 30th day of November, (inclusive,) being a financial
statement of the same:
Gross earnings from 25th September, to 30th
November, (inclusive,) .$ 330,796 48
Amount received from Brunswick Rail Road,
for engine Corsair, - 5,000 00
Balance due connecting Roads, November 30th
1865,... 10,534 56
$346,331 04
The Government of the United States is due a large
amount for services rendered, and not yet settled.
Paid current expenses from 25th September to
30th November, 1865 $ 85,181 95
For wood, most of which is now on the Road, 26,789 20
Cross Ties, 40,609 50
Repairs of Depot buildings, shops, &c 4,385 35
1st Payment for repairing culvert, at Vining,.. 2,768 43
• $346,331 04
From the above statement, it will be seen that the wood
and ties purchased during that period, amount To the extra
ordinary sum of sixty-seven thousand, 'three hundred and
ninety-eight dollars and seventy cents, ($67,398 70.) This
large outlay for wood and ties, was deemed necessary hi
order to have on hand wood properly seasoned to supply
Engines; as it is believed that dry wood will generate
steam at a saving of twenty-five per cent in consumption,
and is far less injurious to boilers, than when it is used in a
green condition. The necessity for the large amount of
ties procured will be apparent in connection with the wants
of the Hoad, and already thirty thousand have been used in
the Road bed.
On the 25th day of September last, the Road was turned
over to the State, together with such property belonging to
it as could be collected and identified.
At that time a thorough survey was made, noting the
damage it had sustained, by the destruction of buildings,
water-tanks, and the removal of iron and other property be
longing to the Road, with a view to a settlement to be
made with the Government of the United States, at a fu
ture time.
According to the return made, it appears that from the
city of Atlanta, to the junction near (Jhicknmauga, seven
and a half miles this side of Chattanooga, there were
taken up and carried away by the United States Military
authorities, three hundred and ninety-nine tons of iron,
which in consequence of its worn condition, was worth
about fifty dollars per ton, making $19,950 00
Also, iron spikes and chains, worth 3,500 00
Also cross ties destroyed, worth about 15,750 0
In addition to this, the iron has been torn up
and removed from the juuction to Chatta
nooga, a distance of seven and a half miles,
say about four hundred and forty-eight
tons, at $60 00 per ton, worth $26,880 0;
and tbe Road bed is much injured by having been used- as a
wagon road.
It will require, at the lowest calculation, chains and
spikes to the value of $20,000 00 to relay the track with.
It will also take sixteen thousand eight hundred and
seventy-five cross ties at fifty cents each, worth the sum of
$8,437 50.
And the manual labor to be expended in grading and
putting down the track, will cost at fifteen hundred dollars
to the mile, $11,25G 00.
Thus it will be seen that^jthe damage sustained by that
portion of the Road, in its then worn condition, is $60,-
567 00, exclusive of two bridges destroye i and injury to
one stone pier, necessary to be rebuilt. A part of the iron
on this portion of the Road was light and worn, and I place
its mean value per ton at $60 00. But to rebuild this por
tion of the Road, (independent of the Bridges,) of good
new T iron, of fifty-seven pounds to the yard, will require
at $90 00 per ton and 91 tons per mile $61,455 00. Cross
ties $8,437 50. Spikes and chains, $20,000 00. Labor
$11,250 00; making the sum of $100,142 50.
There are eight depots necessary to be rebuilt, which
will cost not less than five thousand dollars each, $40,-
000 00. Twelve wood sheds, each $750 00, S9,o00 00.
The round house for repairing Engines should be rebuilt
immediately, which with machine shop to he permanently
built, will cost about $100,000 00.
From examination made, I think it will take at least
twenty miles of new T iron, to put the Road in good run
ning order from Atlanta to the junction ; this at ninety-one
tons to the mile, and ninety-dollars per ton, will cost $163,-
800 00. In addition to this, it will require one hundred
and forty thousand cross ties at 50 cents each, $70,000 00.
Most of the chains and spikes now on that portion of the
Road, can be used again in the above work. There are
fourteen Howe truss bridges under contract, all of which
were to have been completed by the first of January, and
some by the fifteenth day of December last.
The excuse made by the contractors for delay in com
pleting the bridges is, that most of the mills, at the time of
contracting, were engaged, and others had not the capacity
for sawing bridge lumber; and mills purchased forthe
purpose, from detention and from the loss of important
portions of machinery, in ti unsporting them to the place of
operation, were delayed beyond expectation.
The freshet on the night of the 24th December, serious
ly injured the Chattahoochee, Etowah, and Ostanaula
bridges.
The Etowah has been temporarily repaired, and engines
and cars are passing over the same, and it is expected to
have the Ostanaula in order in ten or twelve days, and the
Chattahoochee in a very short time thereafter.
There has been no material delay in transporting the
mails and passengers, and at this time, large amounts of
freight are passing over the Road, being transferred at the
rivers.
The costs of the bridges on the road, when rebuilt, ahd re
pairing piers, will not vary much from $175,000 00.
The zeal and energy now used in putting up the bridges,
give assurance that they will be rebuilt as soon as possible,
in the most permanent manner. The work being put up,
is new, and of the most approved kind.
There is much work of minor importance to be done,
the enumeration of which would swell this communication
beyond the length desired.
From tbe estimates hereinbefore made, based upon calcu
lations, the cost necessary to put the Road in good running
order, from Atlanta to Chattanooga, may be stated os fol*"
lows:
Twenty miles new T iron,... $163,800 00
New ties, 70,000 00
Road from Junction td Chattanooga, 100,142 50
Eight Depots, 40,000 00
Twelve Wood Sheds 9,000 00
Machine Shop and Round House for Engines,.. 100,000 00
Fourteen Bridges, 175,000 00
$657,942 50
Taking two months as a basis for estimating the revenue
of the Road when completed and in good running order,
including the ordinary current expenses, (the extraordinary
being excluded as far as possible in the calculation,) it
seems it would be safe to rely on a net income per month, of
between seventy-five and eighty thousand dollars. The
difficulty in making the above calculation as exact as de
sirable, arises from the fact, that the Road when turned
over, w r as destitute of almost every article necessary to be
used in cars and depots, such as lamps, oil cans, scales,
trucks, locks, safes, stoves, &c., which in part are current
expenses* but from the quantity needed for present use,
would make the expenditure extraordinary.
When the Road was received from the Military authori
ties, the rolling stock belonging to it having been des
troyed and reduced to such an extent as to render it in
sufficient for the wants of the Road, acting under the ad
vice of the Directors appointed by Governor Johnson, un
der instructions from Major General Thomas, I then and
subsequently purchased from the United States, eight Lo
comotive Engines, appraised at $131,500 00; also car and
blacksTi'.ltfi shop, stationery, engine tools, and machinery,
apprai-itsj at $28,448 70, extra articles in shop, $5S 80 ;
also one hundred and fifty-two box cars, fifty-three flat cars,
three passenger cars, and one car for removing wrecks;
all appraised at the sum of $167,190 00.
These cars have just been collected and the exact num
ber ascertained, as far as possible.
Rail Road supplies at Nashville,... $95,716 00
Supplies and Lumber bought in Chattanooga,
valued at ... 41,240 23
In these purchases are embraced a large amount of lum
ber and material, suitable for building and repairing cars
and engines, and materials of every kind, and suitable for
the service of the Road, and such tools as are used for build
ing cars, with a large, commodious and well constructed
car and blacksmith shop, with tools and machinery of the
most approved kind.
These sums in the aggregate, for articles purchased from
the United States, according to the invoices furnished by
the Government agents, amounted to the sum of $464,-
152 23.
I have also paid out duribg the month of December, the
following sums :
Advances on bridge irons and timbers, $30,308 94'
Completion of the culvert at Vinings,... 6,926 15
Work on Machine Shop,... 2,100 00
New Railroad Iron, 14,095 29
In the item of lumber purchased from the United States
are embraced eight thousand three hundred and seventy-
seven cross ties, six thousand nine hundred and seventy-two
cords of wood, and a large amount of square timber then
on the line of the road.
' These last mentioned articles were very inferior, but
being on the line of road, were assigned to the same, and
appraised at a high pnee considering tbe quality. The
road from the junction to Chattanooga, should be rebuilt
as early as possible, as there is a charge of two thousand
dollars per month for the use of the East Tennessee &
Georgia Rail Road from tbe junction to Chattanooga. It
is highly important that a settlement should] be bad with
the United States on account of purchases made for the
use of the Road. According to the terms of the agree
ment, two years time were to be given to meet the pay
ments, by having the debt secured by bond, &c. Since
then, the United States authorities have changed the terms,
and now require monthly installments each month, for two
years.
I would recommend that the bond be given, payable as
first agreed upon, and that a suitable person be appointed
to proceed at once to have commissioners appointed under
the act of Congress of 1S62, by the President of the United
State*, to adjust all the various items pro and con, accord
ing to the terms and stipulations contained in the instruc
tions emanating from the War Department, which form a
part of, and are the essence of the contract and agreement
under which the road was turned over to the State. Ac
cording to these instructions, tbe road is entitled to receive
remuneration for all troops, supplies and passengers, pass
ing over the same, from the time it was taken possession of
by the United States military authorities, until it was re
stored to the State. Taking the earnings of the road as a
basis lor settlement, it seems that the amount due the
United States would be largely curtailed, when the balance
should be struck in the settlement. The demand made by
the United States for the payment of installments, has been
postponed at my request until the last of January inst., in
order that the Legislature may take such action in the
premises as it may deem proper.
Another matter of importance to the road, is that of the
demand made by the assessor of Internal Revenue of the
United States, by which a tax is levied on the gross earn
ings of the Road, value of cars, engines, &c., which if car
ried out will amount to a very large sum.
I have protested against the same, and have submitted au
argument to the Commissioner of Internal Revenue at
Washington City, and asked his decision. The argument
was submitted to Gov. Johnson and by him considered con
clusive against the right of the United States to levy a tax
on the property belonging exclusively to a sovereign State.
Should, however, the decision be adverse to the Road, I
would recommend that the question be tested in the proper
legal tribunal.
Should it be deemed advisable to borrow money for the
use of the Road, which its present necessity demands, I
would suggest that it be borrowed on the pledge of the
earnings of the same* as money can be had by that means,
at a less rate than by offering tbe bonds of the State in
market.
Favorable offers to loan have been made, to which it
would be advisable to respond.
Having offered a full response to the requisitions made in
your letter, permit me to call your attention to the report
of John H. Flynn, master machinist of the Road, which is
appended hereto, and which will give you information
touching the condition and number of engines now owned
by the Road. I think the rolling stock on the road suffi
cient to answer the present demands of the same.
In conclusion, permit me to say that I have received
much aid from the experience and assiduity of the officers
of this Road, and take pleasure in bearing testimony to their
energy, zeal, and interest taken by them in their respective
offices.
Hoping that my labors, which have been directed solely
to the advancement of the interest of the Road, may be
satisfactory, I hereby most respectfully tender my resigna
tion as Superintendent of the Western & Atlantic Rail
Road, to take effect whenever it may suit your Excellency’s
convenience to appoint a successor.
Yours, very Respectfully,
(signed,) ROBERT BAUGH,
4 vlA^ Superintendent.
ages on the principal 'sum for the attempted fraud, and <
tha oarrm Kv rri vinrr 1 i Lr J 1
the same is not replevied by giving like bond and
security,
as aforesaid,, the same may be sold according to the law*
the Code of Geor^fti. . 2
Sec. 3. That said bond shall be for at least double the
amount of th$ debt an ^ costs, shall be made payable to the
owner of such process, and together with the process be b
said officer returned to the Court, from which the process
issued, and it the condition thereof shall not be comnljpH
with, such Court shall issue execution without further n r
ceedings against the principal and securities to the same f "
the amount of the principal, interest and costs due. ’ ° r
Sec. 4. That this act shall not affect tax fifas, cost fif a ,
uies and orders for alimony, and fines for contempt of Court’
or as a punishment for crimes, or neglect of road oroth
duty, nor processes issued by Ordinaries for the support of
widows and orphans, nor distress warrants for rent, whe
the rent reserved is in kind.
Sec. 5. That no resident citizen of this State shall be ar
rested prior to the first day of January, 1867, by virtue of
any casa issued by authority of any Court of this State if
he will give a like bond and security, to be enforced in like
manner, or will make and deliver to the arresting officer an
affidavit that he will not, by removal or other means, fraud
ulently attempt to defeat the recovery of said debt.
Sec. 6. It isfurther enacted, 1 hat the first and second sec
tions of this act shall not apply to any case where the de
fendant in such process has fifa or fifas or judgments against
him in any Court of the United States of America, or in
the hands of its officers, under and by virtue of which such
officer or officers are proceeding to collect the same.
Sec. 7. And it is further enacted, That this act shall take
effect immediately, and that all laws and ordinances milita-
ting against the same are hereby repealed.
(SUBSTITUTE, BY MR. MOORE.)
A BILL
To be entitled an act for the relief of the people of Geor
gia, and to prevent the levy and sale of property under
certain circumstances, and within a limited period.
Whereas, During the late war, the State of Georgia has
been overrun by the opposing armies—the accumulated
crops and agricultural stock in a great measure destroyed
—the Confederate indebtedness held by the people in ex
change for their prodnets has become valueless—the obli
gations of the State, eagerly sought after as a safe invest
ment, have been repudiated—the accumulated capital of
nearly a century, represented by slave labor, amounting to
nearly three hundred millions of dollars, has been destroy
ed, and the prospect of successful agriculture, tlie basis of
all values, now dependent on the voluntary .labor of the
freedmen, is a question of doubt and experiment—therefore,
Sec. 1st. The General Assembly of Georgia do enact. That
there shall be no levy or sale of property of defendants in
this State, under any execution, founded ou any judgment,
order or decree, of any Court, heretofore or hereafter to be
rendered, upon any contract or liability made or incurred
prior to the 1st day of June, 1866; Provided, the said de
fendant shall pay, or cause to be paid, during each year, one
fourth part of the amount of principal and interest of such
execution, or of the debt or claim on which such execution
has been or may hereafter be obtained, so that the entire in
debtedness shall be paid in the four years from the first day
of January, 1866, the first instalment to be paid by the 1st
January, 1S67, and the fourth and last by the 1st January,
1870.
Sec. 2nd. This act shall not apply to executions for costs,
nor to rules against officers for money, nor to any process
issued against persons holding money or effects as bailees,
nor to cases where defendants have absconded, are abscond
ing, or have removed, or are removing their property, or
fraudulently conveying, secreting, or concealing the same,
to avoid the payment of their just debts.
Sec. 3rd. All statutes of limitation relating to liens af
fected by this act, shall be suspended during the continu
ance of the act.
Sec. 4th. Any officer or other person violating this act,
shall be guilty of trespass, and liable to the defendant in
damages, as in other cases of trespass.
Sec. 5th. Any security upon any debt or demand for
which executions may have been, or may be issued, during
the continuance of this act, shall have the right, with or
without the consent of the plaintiff, to cause a levy and sale
to be made whenever the principal defendant shall bring
himself within the provisions of the 2nd section of this
act.
Sec. 6th. Whenever any plaintiff or security shall at
tempt to have an execution levied for any of the causes
stated in the 2nd section, the defendant may stay the said
execution by filing with the levying officer his affidavit, de
nying the existence of said cause, and in giving bond and
security in double the amount of the execution, condition
ed to pay the plaintiff the amount due on said execution,
during the four years as heretofore provided for in other ca
ses ; and where the defendant is unable to give security, be
may make his affidavit of inability, as provided for in cases
of appeals in sec. 3563 of the Code of Georgia.
Sec. 7th. All laws and parts of laws militating against
this act are hereby repealed.
(SUBSTITUTE BY j.. a. W. JOHNSON.)
A BILL
(substitute by judiciary committee.)
A BILL
To be entitled an act to stay executions and other process.
Sec. 1. It is enacted by the General Assembly of the State of
Georgia, That any person, a resident of this State, holding
or controlling property subject to the lien of any fifa, or
other process, issued by authority of any Court of this
State, or that may be hereafter issued, may at any time ar
rest further proceedings to collect the same, until the first
day of January, 1867, as to real property, by making and
delivering to the collecting officer an affidavit that he is un
able to pay any part thereof, without material injury, or
by paying any part thereof, and making and delivering to
said officer an affidavit that he is unable to pay more with
out material injury, and in case of personal property, in
addition to making such affidavit, by making an J delivering
to said officer a bond, with good and sufficient security, to
pay said debt, and all costs on said day, or, if he is unable
to give such bond and security, by making and delivering
to said officers an additional affidavit, that he is so unable^
and that he will not by sale, removal, or otherwise, fraud
ulently attempt to defeat said lien, or jeopardise the recov
ery of said debt, nor knowingly suffer others to do so.
Sec. 2. If after making said last mentioned affidavit, said
defendant shall fraudulently attempt to defeat said lien, or
jeopardise said debt, or knowingly suffer it to be done, and
the owner of said fifa, or other process, or bis agent or at
torney, Rhall make and deliver to the collecting officer an
affidavit of the facts, said fifa may be immediately levied
on such personal property, together with ten per cent dam
To be entitled an act to stay the collection of debts in cer
tain cases.
1. Be it enacted by the Senate and House of Representatives in
General Assembly met, That the collection of the principal
and interest of all debts heretofore contracted, in case*
where the debtors are residents of the State of Georgia, be
stayed until the first day of January, 1867.
2. Be it further enacted, by the authority aforesaid, That the
collection of seventy-five per cent, of the principal and in
terest of said debts be further stayed until the first day of
January, 1S6S.
3. Be it further enacted, That the collection of fifty per
cent of said debts he further stayed until the first day of
January, 1S69; Provided, That nothing herein contained
shall be so construed as to prevent creditors from collecting
twenty-five per cent, of the principal and interest of their
debts in the year 1867, and twenty-five per cent, more in
the year 1S68, and the remainder in . 1S69;. And provided
further, that nothing herein contained shall be so construed
as to prevent the citizens of Georgia from enforcing the
collection of their debts against non-resident debtors, and
that this act is not to interfere with the creditor in prose
cuting his claims by bail and attachment; but in the latter
case, when the proper replevey bond is given, the creditor
shall couform to this act, and collect by instalments, other
wise the creditor may collect the whole debt at once out of
the property attached.
4. Beit further enacted, That when any judgment credi
tor makes affidavit, that the defendant is about to dispoM
of, or remove any personal property to which he claims ti
tle, it shall in such case be the duty of the Sheriff, Consta
ble, or other levy ing officer, at once to levy the judgment or
judgments of said creditor ou the personal property of Mid
defendant or defendants; Provided, that said defendant or
defendants shall have the privilege of replevying wid p®r*
sonal property, by giving good security to the levying °®“
eer, in double the amount of the debt or debts claimed, tor
the payment of said debt or debts, or for the forthcom
ing of the property levies on, at auch times aud pi*®® 8 . 8 ]
the levying officer may designate, in conformity with the 1D |