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■0 ! 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 |