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TERMS OF SUBSCRIPTION. Daily— one year $lO 00 six months 6 00 *• three months 2 50 Tri-Weekly— one year 6 00 " six months 2 60 Weekly— one year . 2 oo “ six months X oo Single oopies, 5 cts. To news dealers, ots. Subscriptions must in all cases be paid in advance. The paper will be discontinued at the expiration ol the time paid for. JAS. G. BAILIE. ) FRANCIS COGltf, Proprietors GEO. T. JACKSON.) W Address all Letters to the Constitu tionalist office, AUGUSTA. GA. FROM WASHINGTON. Congressional Proceedings—The Sen ate and House—A Large Number of Bills Introduced—Proposed Amend ments to theConstitution —Confirma- tions, &c., Ac., &c. Washington, December 14 — Senate — The Senate passed the bill to extend the duration of the Court of Commis sioners of Alabama Claims. The Secretary of War submitted the report of the engineers upon the im provements at South Pass, Miss. The report is made by Maj. C. B. Comstock. The Secretary of War asks for a fur ther appropriation to continue exami nations. Patterson presented a memorial of the Chamber of Commerce and Mayor of Charleston for an appropriation for the improvement of the harbor of that place. The resolution calling for the report of unsettled accounts and defalcations was referred to the Committee on Finance. The resolution to allow McMillan to withdraw his credentials was taken up. A motion to refer* to the Com mittee on Elections and Privileges was lost, and permission to withdraw pass ee by a strict party vote, except Dawes. Incidentally, Louisiana affairs were ventilated, except as they bore upon Pinchback, to whose case no allusion was made during the discussion. Howe said he did not believe in the country or a Senator on the floor who did not believe the McEnery govern ment a sham. Bayard said he believed in his soul that McEnery was the legal Governor of Louisiana, and had been kept from his place by usurpation and Federal power. [Slight applause in the galle ries, but it was promptly checked. The Senate went into Executive ses sion. House. —Blaine introduced hi3 school and religious bill, based on the mes sage. Several bills for the resumption of specie payments were presented. Also a bill repealing the bill for re sumption in 1879. Blaine’s bill was re ferred to the Judiciary Committee. Upon the call of States, the follow ing were among avast number of bills offered: By Blaine: Proposing an amendment to the Constitution, providing that no State shall make any law respecting the establishment of religion, or pro hibiting the free exercise thereof, and that no money raised by taxation by any State for the support of public schools, or derived from any public fund therefor, or any public lands de voted thereto, shall ever be under the control of any religious sect, and that no money or lands so devoted shall be divided among religious sects or de nominations. Making the Presidential term six years, and the incumbent afterwards ineligible. By Darroll, of Louisiana—To amend the act of the third of March 1871, in corporating the Texas Pacific Railroad Company. The bill is similar to West’s introduced in the Senate. By Morey, of Louisiana—To remove the political disabilities from all the citizens of the United States, and to prescribe an oath of office. J3y Davis, of North Carolina —To re peal the law forbidding the payment of accounts, claims and demands of Southern citizens for quartermaster’s stores etc., and appropriating §500,000 to pay for the same. Fort, of Illinois, offered the following resolution and demanded the previous question on its adoption : Resolved, By the Hou e of Representa tives, that in all subordinate appointments under any of the officers of this House, it is the judgment of the House that wound ed Union soldiers, who are not disabled from the performance of duty should be preferred. A standing vote on seconding the previous question showed ninety-seven Republicans voting in its favor and one hundred and four Democrats against it. The vote was taken by tellers with a like general result the report of the tellers being: ayes ninety-nine; noes, one hundred and twenty-six, so the previous question was not se conded. Cox, of New York, then offered the following as au amendment to the re solution, and moved the reference of both resolutions to the Committee on Accounts and demanded the previous question. Resolved, That inasmuch as the Union of the Mates has been restored, all the citi zens thereof are entitled to consideration in the appointment to offices under this Government. Hale, of Maine, inquired whether Cox’s resolution was offered as a substitute to Fort’s. The Speaker replied that he under stood it to be offered as an amend ment. Starkweather, of Connecticut, made objection, that as the State of New York had been already called the gen tleman (Cox) could not putln a resolu tion now. The Speaker ruled that it was too late to make the objection. Fort said that he had tried to make the objection as soon as the resolution was offered. Hale, of Maine, inquired whether the House had acted on the amendment. The Speaker—lt has not. That would be acting on the subject matter of the resolution now, which is not the purpose of the gentleman from New York. His purpose is to refer both resolutions to a committee. Cox — The original resolution was an ad captandum affair. My resolution is in the nature of an amnesty. [Laugh ter]. Reagan, of Texas, made a point of order that neither the original resolu tion nor the amendment was in order. Neither of them proposed any thing which the House was authorized or re quired by law to do. The Speaker overruled the point of order, stating that if it was ever tena ble it came too late. The vote was taken by yeas and nays and resulted in yeas, 168; nays, 102, a strict party vote, so both resolutions were referred to the Committee on Ac counts. The Speaker appointed as regents of th.e Smithsonian Institute Clymer, of Pennsylvania, and McCrary, of lowa. Confirmations. Riley, Consul at Zanzibar; Daniel 8. Richardson, of California, Secretary of Legation to Mexico; Yolney Y. Smith, of Arkansas, Consul at St. Thomas; Chas. P. Lincoln, of Mississippi, Consul at Canton; Brady and Chamberlain, Supervisors of Internal Revenue; An drew Clark, Collector of the Second Georgia; Win. F. Green, Sixth Tennes see; Parker, Postmaster at New Or leans; Rixinger, Clarkesville, Tenn.; Wiison, Murfreesboro, Tenn.; Bidwell, Yazoo City, Miss.; Cox, Farmville, Ya. The Issue Between the United States and Spain, The present distinctive point at issue between the United States and Spain is Stated in non-official but usually well Augusta Constitotumolist Established 1799. informed circles as follows; The United States ask, first, that in future all American citizens in Cuba accused of violation of the law shall be tried by civil courts and not by military tribu nals, with all the rights in such cases as are secured by the seventh article of the treaty of 1795; and, second, that all sentences where American citizens have heretofore been tried by military tribu nals shall be annulled. Spain in some degree concedes the claim of the Uni ted States to the first proposition, agreeing that in future American citi zens accused of violation of law shall be tried by ordinary tribunals, with the right to be heard by counsel, to sum mon witnesses, and to employ all other necessary safeguards to the accused, but with the reservation that all such trials shall be according to the law of 1821, which provides for more expedi tious proceedings than those of civil courts, for common crimes in time of peace. She also offers to revise all sentences passed by courts martial on American citizens, when it shall be sat isfactorily shown that such sentences were in violation of established law. Items from the Capital. Washington, December 14—The pro gramme now is to announce the com mittees on Tuesday next, and adjourn the House on Wednesday to the 6th of January. The Cabinet considered several ap pointments. The President, with the Secretary of the Navy, Postmaster General and At torney General, visit the Centennial grounds Friday, the 17th. FOREIGN~mSPATCHES. Investigation of the Mosel Explosion. Bremen, December 14.—The Weser Zeitung, this morning, asserts that the passenger, Thomas, confessed his in tention of destroying the steamship Mosel for the sake of the insurance he held, and implicated others in the plot. This report requires confirmation which cannot bo gained before the end of the judicial investigation, which is now going on. The man Thomas who owned the dynamite was an Amejican. Dresden, December 14. —The police have made a domiciliary visit to the abode of Thomas, in Strahlen, but fail ed to discover anything throwing light on the terrible crime in which the man is implicated. His wife has gone to Bremerhaven. The Usual Mexican Election Fight. Galveston, December 14. —Advices from Matamoras say there was fighting during the municipal elections. Both candidates for Mayor were wounded, and three men and a boy killed. The Cortinas candidate was elected. FROM NEW YORK. Meeting of Alabama Bondholders. New York, December 14.—A meeting of Alabama bondholders is being held this afternoon to protest against the proposition of the State Commission ers of Alabama for the adjustment and liquidation of the State debt. Hamilton Blydenberg presided. A committee waa appointed to draw up a remonstrance for presentation to the Alabama Legislature against the prop ositions of the Commissioners. Hard on the New York Central and Hudson River R. R.—“ Contemplated False Economy.” Buffalo, December 14. — The Coro ner concluded his inquest in the case of the two men whose death was caus ed by the recent collision of the Cen tral Railroad, at East Buffalo. The following verdict was rendered : “ That H. Wood and Jos. Doty came to their deaths through the contemptible false economy practiced by the New York Central and Hudson River Rail road Company, in not having sufficient employes on the road.” CRIMES AND CASUALTIES. Attempt to Burn a Church —Marine Disasters—Anticipations of a Raid by Outlaws. Provincetown, Mass.; December 14- While the Uuiversalist church was in session, eight hundred persons being assembled an attempt was made to burn the church. The flames were soon extinguished but quite a panic ensued. Portland, Me., December 14.—The schooner Deborah hence for Springfield on the 20th of November is yet unheard of. It is feared she is lost. Baltimore, December 14.—The schr. Philadelphia, from Richmond for Phila delphia with granite capsized and sunk at Pooles Island. The crew were picked up. Pottsville. December 14—F. Weu rick, the Mahaney city merchant, who on the oath of Mrs. O’Donnell, was lodged in jail last week as being one of the masked men who shot O’Donnell, and the woman McAllis, was to-day released on a writ of habeas corpus. It was feared at Mahoney city, last night, that the city would be fired, and a posse of men went up from here in a late train. Avery uneasy feeling con tinues there to-day in consequence of large bodies of strange men hovering about town up to a late hour last night. It is rumored that another raid similar to that of last spring is contempla ted by these outlaws. A $500,000 Fire at Bridgeport, Conn. Bridgeport, Conn., December 14. A fire was discovered in the cabinet shop of the Wheeler & Wilson Sewing Machine Company. In a short time, two brick buildings of the company, one fronting on Washington and the other on Barnum street, were wrapped in flames. The Secor Sewing Machine Factory and St. Mary’s Catholic Church were threatened. The wind is blowing a gale and the supply of water insufficient. Later—lt is thought the fire will be confined in the Wheeler & Wilson buildings. Their loss will reach §500,- 000. Insurance, §300,000. IMtOYI BALTIMORE. Tlie Baltimore and Savannah Steam ship Company Going into Liquida tion. Baltimore, December 14. — A meet ing of the stockholders of the Balti more and Savannah Steamship Com pany was held to-day. Six hundred of one’thousand four hundred and ninety shares were represented. A paper look ing to the appointment of a receiver for tho benefit of creditors was pre sented and signed by all the stock holders present. This action will proba bly receive the approval of the holders of a majority of stock. The liabilities were stated to be about §57,000, and the assets the two steamers of the line, the America and Saragossa. The two steamers stopped running about a week ago. A.tTGTJSTA. GA., WEDNESDAY. DECEMBER 15,1875. THE RAILROAD POOL. Rejoinder of W. F. Herring. Esq., to Ex-Gov. Brown. The public has recently been fa vored with an article from ex-Governor Joseph E. Brown, purporting to be a reply to one written by myself, which appeared not very long since in the Atlanta Constitution and the Augusta Chroicle and Sentinel. Justice to truth, if not to myself, demands that some notice should be taken of this very ex traordinary production. Careful read ers of my article, and of his reply, have been puzzled to decide whether he most desired to divert attention from the real issues of the controversy or to misstate them. His effort was a clever one, assuming either or both to have been his object. He characterizes my communication as “ill-natured,” “irate” and “false.” I think I may safely say that his would not pass for a model of humility or good-naturedness ; and as for his fideli ty to truth, I propose to submit the ev idence and leave every one to judge for themselves on that point. His first statement of my position is as follows: “He objects to all sorts of unions and combinations, and pro nounces them all wrong, and takes the press to account because it does not denounce them all. Bear in mind, Messrs. Editors, that he says it is your duty to do so; and as you commend his article, it is to be hoped you will come up to the full measure of your duty, and in the denunciation of rail road compinations, denounce all the balance. But, if you should be like ho is by the Grangers, a little afraid to do this, and conclude to apologize for others, I would simply suggest that it might be a little more fair to slack up slightly on the “Railroad Combination,” as you and him term it. If the doc trine of this middle man is the correct doctrine, then come up to the full meas ure of your duty according to his dicta tions, and make your denunciation of all those combinations, from the Grangers down, full, ample and sweeping.” How Govenor Brown, or any other man, after having read my article, which had been printed, and which he ought to know could be printed again, could have the audacity to say that I objected to all unions and combina tions, is beyond my comprehension. Yet he positively states that I do, without qualification or exception. He tells the editors, if my doctrine is cor rect, they must come up to my dicta tion, and “make their denunciations of all those combinations, from the Gran gers down, full, ample and sweeping.” I declared against one class of unions and combinations, and only one. I called on the press to denounce but one class. That class embraces all UNIONS AND COMBINATIONS THAT ATTEMPT TO REGULATE PRICES ARBITRARILY, AND IN DEFIANCE OF THE LAW OF SUPPLY AND DEMAND, AND DESIGNED TO PREVENT HEALTHY AND LEGITIMATE COM PETITION. I declared against no other unions or combinations. Ido not be lieve that there is an intelligent reader of my article who could have misunder stood me ou that point. Yet Governor Brown says, if my doctrine is correct, the press should denounce “all those combinations, from the Grangers down.” Does he charge or assume that it is the object of the Grangers’ organ ization to regulate prices arbitrarily and in defiance of the law of supply and demand, or to prevent healthy and legitimate competition? Does he charge or assume that their object is the same as that of the railroad pool? Did I object to the Chamber of Commerce? Did I even condemn the unions of work-people, where the proprietors or employers had previously combined, and where they were obliged to com bine m self-defence? I distinctly said, and I reiterate it, that in such cases “however deplorable the consequences, the responsibility would not rest on them (the work-people), but upon those that made such action necessary.” At the risk of being tedious I will give some extracts from my article.— They will show whether Gov. Brown has misrepresented my position or not when he started off by sayiDg: “He objects to all sorts of unions and com binations, and pronounces them all wrong.” I say in that article ; “ Doubtless the immediate cause (of the hard times) is the thousands upon thousands in every land who are out of employment, who are in consequence not producing, whilst of necessity they must, be consuming. Every one can readily understand that these people are GROWING POORER EVERY DAY, and that from the same cause the world is growing poorer, and that, sooner or later, this consuming of sub stance, without producing any equiva lent therefor, will manifest itself in shrinkage. “ The next question that presents it self for solution is, why are these peo ple out of employment now, and why have they been out of employment the past year, when there ought to have been work for every man to do ? I think, if any one will take the pains to trace this difficulty to its origin, they will find that all the trouble is directly traceable to monopolies, combinations or unions that have, in one interest or another, attempted to regulate prices arbitrarily and in defiance of the LAW OF SUPPLY AND DEMAND. “This law can only manifest itself by free and unrestrained competition.— When no artificial means are applied to regulate prices, and this great law of supply and demand is allowed fair play, the economy of the world is pro moted in the highest degree. It is au unerring indicator of what is being pro duced in excessive quantities, as well as of that which is not being produced in sufficient quantities, and it will as certainly equalize them. Those arti cles of which there is a deficiency will advance in price, and thereby attract others to their production, and those articles that are being produced in ex cessive quantities will be abandoned for those that are more needed. There is a very mistaken notion with many people now that some of our troubles arise from over-production. Tlxe re verse is true. They arise from under productiou. I will go further, and say that there is no such thing as an over production of useful and necessary arti cles. The production may not be pro perly distributed at times, but the law of supply and demand is always adjust ing it for the best interests of mankind. It is scarcely necessary for me to say that the more the world produces of such articles as I have named, and such as will be produced when free irom monopolies, combinations and unions aiming at regulating prices, the richer it will become. “The maiuspring of these monopolies, combinations and unions is, I believe, a very common WEAKNESS OF HUMAN NATURE, by reason of which each class, each in terest and almost each individual can readily be persuaded that they are bearing more than their proportion of the burthens of society, and that the public is indebted to them for albthe prosperity that exists, when, in reality, they contribute only a part, and some times a very small part. They at once form a combination.: and ignore the natural law of supply;and demand, and substitute an artificial one, by which they attempt to regelate the price of their produce, their labor or their ser vices arbitrarily. ID ere has been a mania upon this subject the past year, and we have now tHe results of this policy before us. Wr find the work people forming unions and demanding wages that their employers cannot accede to, and as a eoasequence strikes and lockouts precipit a ted through their influence in nearly every branch of in dustry, greatly to their own damage in most cases, and in every instance to thepublic detriment. With the hurt fulness of this policy on the part of the work-people fully demonstrated (as I venture to say it could be), it would be unjust to condemn them for forming these combinations without fairly con sidering their situation and ascertain ing whether such combinations were made necessary by th(s action of others, and were only resorted to as a means of self-defense; and ILit should appear that their combinations were rendered necessary for that purpose, however deplorable the consequences, the re sponsibility would not rest on them, but upon those that made such action necessary. “ That this action has been largely provoked by the arbitrary power ex ercised by large companies and firms, especially when combined is, I have no doubt, true. In such eases they have exerted such overpowering and over awing influence against which the in dividual could not \ contend single handed and alone. WJhen the power of dictating terms is in the hands of a combination or monopoly, it is natural that injustice should ;be done by it to all with whom it may have dealings. It will at least engender: a disposition to form counter combinations ; and, when they are practicable, they will be form ed. No one likes to deal where he has no voice in fixing terms. “ From the foregoing, it will be seen that lam opposed to combinations and. monopolies of every kind, having in view the regulation of prices of anything, or designed to prevent healthy and legit imate competition. I believe the history of all civilized countries shows that unrestrained competition, free from combinations, regulates prices, produc tion and consumption; for the best in terests of all. Monopolies, combina tions and unions having this object in view are wrong in principle—the bane of society—and the cause of most, if not all, the evils that now afflict us. Further on, in the same article, I say : “ This * ex-cathedra ’ pool man, who signs himself * A Railroad Stock holder,’ after complaining of the press for denouncing tne railroad pool, goes ou as follows “The farmers of the United States have formed the Grange for mutual protection, with a pool of accumulated or subscribed fuuds; have you de nounced that ? The printers have formed a union with a pool to support each other in case of a strike ; have you denounced that? I apprehend you and other editors have formed au association to maintain rates ; and you probably, have a pooi, consisting of your deifies, weeklies, adjuncts, etc.; have you ever denounced that ? The merchants of this city (some of whom, without understanding : the bearings of this whole question, have probably stimulated your attack upon the rail roads) have a chamber* of commerce, where they meet almost daily, in con clave, for the mutual protection of their interests; suppose you de nounce them! The brotherhood of loco motive engineers have ? an association all over the United Stales, with a pool to support their brethren in idleness in case of an approved strike. TUe con ductors also have their association— why not denounce them ? The miners have their association, with a pool; and there are other like associations, too tedious to mention. I[ut how gently the press has dealt witfe all of them! The pent-up wrath is usually let loose upon the poor railroad men, if they make any effort by association to pro tect the immense interests confided to them by the stockholders, who, after all, are human beings, though they have been induced to put their money into railroads for the benefit of the public.” From the foregoing it wifi be seen that this writer argues as if all the associations above-named stood upon precisely the same ground that the railroad pool does. The truth is far otherwise. The object of the railroad pool, by his own confession, is to regulate prices for their services arbitrarily, AND IN DEFIANCE OF THE LAW of supply and demand, by stifling com petition. Do the Grangers attempt to regulate the prices of their products? Do they propose to attempt to ignore the law of supply and demand? Do those of them who grow cotton say we will fix an arbitrary price, below which none of us shall sell it? Do those who raise corn, or wheat, or potatoes, or meat, propose to form a “pool” such as the railroad pool, to “maintain rates?” If they were to attempt this, not only would their efforts prove futile, but the folly of such action would react upon them most disastrously; and it would bo the duty of the press to denounce such folly. But intelligent Grangers say that the object of their associa tion is very different. It has been formed more with a view to acquiring a knowledge of this great law of supply and demand, and of intelligently ad justing themselves to it* by producing more of those articles ihat are most wanted and fewer *f those that are now produced in excessive quanti ties. If such be true, their object, so far as the explanation Dovers it, is a laudable one. I will shy, in passing, that I am not a granger, and only state what some of their most intelligent members tell me is the chief object of thsir organization. So long as they ad here to this platform they are unassail able, and their organization will work a benefit to themselves atid to society. But when they embark in any Utopian scheme which sets at defiance the laws of nature and political economy, they will come to grief. Does the “ex-cathedra” pool man in tend to justify the printers’ union, or the editors’ union (if there be such an one), or the engineers’ union, the con ductors’ union, the miners’ union, etc., when they attempt to regulate prices and ignore the great law of supply and demand? WheD the press fails to de nounce unions, combinations or mo nopolies having this object in view, it fails to do its duty. Unions of this sort can only be justified, as I said in the outset, when such combinations are necessary to self-defense. I have yet to learn of the first one that has not WORKED HARM TO ITS MEMBERS, as well as the public. But I cannot re frain from a smile when I read this “ex-cathedra” chap’s attempt to put the Chamber of Commerce of Atlanta, or any other city, in the same category as the railroad pool. Their objects are as different as the poles. One wishes to repress, restrain and subvert a great law of nature and of political economy. The other wishes to accelerate its ac tion. One proposes to fix prices arbi trarily, and put competition absolutely out of the question. With the other (the Chamber of Commerce), one of its prime objects is to allow the great law of supply and demand to regulate prices, and to encourage the freest competition. The man who will sell the cheapest is as welcome at the board as the man who will pay the dearest. When these two meet and come to terms, prices are fixed better tbau any pool will ever fix them. The object of one of these associa tions is to promote free competition, the object of the other (the railroad pool) is to prevent it.” Now, with this distinct and unequi vocal designation of the only class of combinations, unions, etc., that I con demn narrowed down to those that aim at stifling competition, in order that they may fix prices arbitrarily and in defiance of the laws of supply and de mand, he has said that I object to all. He says I am afraid of the Grangers. He puts his railroad pool and the Grangers in the same boat. If one is wrong, both must be, from his stand point. Now, if he will prove that the Granger organization aims at stifling competition, in order that they may fix prices arbitrarily and in defiance of the laws of supply an 1 demand, I promise to condemn them. While I do not think he will dare charge the Granger organization with having this for their object, 1 hardly think he will have cheek enough to deny that this is the object of the railroad combination, of which he is the acknowledged head. As earnestly as he pleads for this gigantic monopoly—this conspiracy against the people, which is now so proper, so just and so necessary to the public welfare (?) (and to his pocket), the time was when he held different opinions. In order that the public may appreciate his consistency, I will give an extract from a decision ren dered by him only six years ago, whilst he vas Chief Justice of Georgia. It is from the case of C. R. Cos. et al. vs. Collins et al. He (the very same Brown) says: “If the act of 1852 can be fairly construed to embrace the Atlantic and GuL' Road, whenever a track is author ized to be laid between the two roads, it embraces every other railroad in Georgia, as they all connect, in that sense, and the Central Road has power to lease every road in the State, so soon as it has the means; and it can, by a sufficient increase of fare and freights, in sections where it has destroyed competition, soon possess itself of the necessary amount of funds. Such could not have been the intention of the Legisture in the passage of the act. It follows that there is no public policy of the State recognizing the right or power of the Central Road to lease or otherwise control the Atlantic and Gulf Road. “But, on the contrary, the public policy of this State, as clearly shown by its legislation, is to encourage fair and just competition between the dif ferent railroad companies of the State, and to discourage monopolies. The fact that the State granted a charter to the Atlantic and Gulf Road, and subscribed to its capital stock, thereby aiding in its construction, shows that it was the policy of the State to open a thoroughfare across the southern part - of her territory for the benefit of the people of that and the southwestern section, and for the encouragement of fair and just competition with the roads already in existence, thereby se curing to her people the transportation of their freights on just and reason able terms: “This public policy of the State is violated by the purchase by the Cen tral and jSouthwestern Railroad Com panies of such quantities of stock of tbe Atlantic and Gulf Road as will en able them, by the aid of other stock holders in their interest, to control that road, and destroy that just competition which the legislation of the State and her subscription to the stock of the Atlantic and Gulf Road was intended to secure and perpetuate for the benefit oi her people occupying a large extent oi her territory, who would otherwise be left at the mercy of an overshadow icg corporation possessing the power to load them with unjust burdens, to accumulate a large reserved fund, be yond just and liberal dividends to its stockholders, to be used in extending its control by other like purchases, and making more complete its dominion over the government aud people of the State.” Chief Justice Brown s.iys, “the public policy of this State, as clearly shown by its legislation, is to ensourage fair and just competion between the different railroad companies of the State, and to discourage monopolies.” It is good, sound public policy. There has never been a time in the his tory of the State when a vigorous enforcement of that policy was more needed than now. He could not then endure the idea of the people, occupying a large extent of the terri tory of Georgia, being “left at the mer cy of an over-shaddowing corporation, possessing the power to load them with unjust burdens, to accumulate a large reserve fund beyond just and liberal dividends to its stockholders, to be used in extending its control by like pur chases, and making more complete its dominion over the government and the people of the State.” If there was danger to the people in the proposed control of the Atlantic and Guff Road, by the Central, six years ago, and of the Central Road’s making its dominion over the govern ment and people more complete then, by combining or absorbing to prevent competition, why is there not danger now? The railroad pool combination is more powerful than the Central could have ever become, even if Chief Justice Brown’s worst fears had been realized. Its object is identical—if is to prevent competition. My countrymen, there is danger now! Do not shut your eyes to it. It is a matter in which you should feel tbe deepest concern. Do not allow Gov. Brown to divert your attention from the issue by such twaddle as “ middle men.” This railroad ring, of which he is the head, I have no earthly doubt, aims at dominion over the government and people of the State; and under such an audacious and unscrupulous leader they will obtain it, unless the people rise in their majesty, through their representatives, and crush out this unlawful conspiracy against them. Governor Brown argues as if my only object in attacking the pool arose from purely selfish motives. I can well un derstand why a man of his principles and character could really believe it impossible for any one to advocate a cause except from selfish motives; yet I do solemnly declare that my desire to break up this great monopoly, which, in my opinion, endangers the liberties of the people, did not arise from any per sonal interest. It was not that I ex pected to make one dollar more or less in freight. It affects others—the great mass of producers and consumers in this State —who are less able to bear it. Ulti mately it will prove detrimental to every interest in the land— even the rail roads themselves. The violation of a great natural law, which is as unfailing in its operation in the commercial and economic world as is the law of gravity in the material world, such as attempting to forestall competition, or defy the law of supply and demand by engrossment, absorp tion, amalgamation or combination, the aim of which it to get rid of legitimate competition, usually results disas trously. In my judgment, the interests of the people and the State, and the railroads alike demand that it should become the fixed policy of the Legisla ture not to legalize another lease of oue railroad by another, nor permit any more consolidations or amalgama tions ; and, above all, it should not permit combinations to prevent healthy competition. Any company’s charter should be instantly forfeited that be came bound to any other road or com bination in the management of its own business. If each road cannot of itself manage its own business for itself, the State should do it for it. It matters not whether the combination be called a pool or not, if it only exists, and has for its object the regulation of rates of freights or the prevention of competi tion, it should be prevented by law. Governor Brown says: “As this ‘middle-man’ is located in Augusta, where he is interested in getting favors from both the Georgia and South Car olina roads, he hunts up an apology for each of them for entering the pool; for which, when the facts are made known, they will probably fall under no great obligation. “He says: ‘The Georgia Road is said to have gone into the arrangement very reluctantly, and it is a notorious fact that the monopoly against the will of her President, Mr. Magrath. The chief mover and promoter of the scheme appears to be Joseph E. Brown, President of the Western and Atlantic Railroad Company. “ Now, I have simply to say that this statement is false as a whole aud false in all its parts. I am not the chief mover and promoter of the scheme ; it did not originate with me. If the Geor gia Road went into it reluctantly, it gave no notice of its reluctance. The South Carolina Railroad was not co erced into it.” I did not say that Joseph E. BrowD originated the pool. I did not say and maintain that he appears to be the chief mover and promoter of it. “ Now,” he says, “if the Georgia Road went into the pool reluctantly it gave no notice of its reluctance.” I have not had a word of conversation with Judge King, the venerable Presi dent of the Georgia Railroad, since Governor Brown’s article appeared. If lie will say that he never opposed the pool in any of their secret conclaves, I will believe him. He can decide the question, and by his decision I will abide. It is said that the Georgia Railroad went into the pool reluctant ly, and I believe it. Until Judge King states otherwise, I shall believe it. I do not believe he will state otherwise.” Not only did I say that the chief mover and promoter of the scheme seems to be Joseph E. Brown, Presi dent W. & A. R. R. Cos.; but I went on and said “who seems to have boldly, and without scruple, used every power in bis control to compel those who had too high a sense of honor and right to join the ring vcluntarily, to do so un der compulsion—and it is a question of some interest to the people of this State to inquire when and how he got such power as to be able to dictate to other railroad officials even in other States what their policy shall be. Is it not time for the people to wake up when this audacious man not only heads a conspiracy against them, but uses their own property —the Western aud Atlantic Railroad— as an engine of power to coerce the unwilling into his iniquitous ring? In order that the public may appreciate the power exerted, and the resistance made to it, I would refer to the Atlanta Constitution of July 23d and 24th.” I also said that there were many who thought the recent orders of President Brown in regard to the refractory South Carolina Railroad would work a for feiture of the lease. The Atlanta Constitution, of July 24, has an article headed, “YVhipped in! — South Carolina Railroad Forced to go into the Pool.” In an article on the subject the editor says of President Magrath’s position: “He is opposed to the pool in theory, and desires to be the same in practice, but does not feel justified in jeopardiz ing the property of the stockholders in the South Carolina Railroad by a single-handed fight with twelve or fourteen other lines, who combine to cut him off from intercourse and facili ties. He does not regard the result as satisfactory by any means, and holds it to be a conclusion of necessity until other and more equi table arrangements can be agreed upon.” Again, the same article goes on as follows: “He is said to consider it a very grave and unwarranted injustice, that he is forced to go into that sort of a combination which his judgment and feelings do not approve, and to give up the direction of how his road’s busi ness shall be manipulated, and its earn ings disposed of by other parties, upon pain of having the value of the road property and franchises destroyed.” In another part of the same article, the editor says: “Mr. Magrath is un derstood to think that when the busi ness of freighting conies to this com plexion, State Legislatures ought to interpose their powers, and protect the people from the combinations.” If I misrepresented Mr. Magrath in my former letter, he is at liberty to correct me; I believe he would have done so had I misrepresented his posi tion. I said that “it was a notorious fact that the South Carolina Railroad was coerced into the combination, against the will of the President, Mr. Magrath.” It matters not when he signed the agreement, whether first or last. If there is any truth in the ex tracts given above, he did it under great pressure, and against his sense of right, and would not have signed it but for that pressure. Governor Brown claws out of the paternity of the pool; it is now left a fatherless child; but he has been a faithful god-father to it. We know not what may have transpired in their secret conclaves, where reporters and spectators were excluded; but, through New] Series—Vol. 28, No. 113 the vigilance of the press, we now and then get a scrap. When an obscure “middle man” draws out a shot from its great head, Governor, Chief Justice, President Brown (who can’t waste shot off small game,) we make him show his hand. He knows more about the pool than I do, but I know enough about it to know that he, as its chief mover and promoter, has not scrupled to violate the law and to forfeit the lease of the State Road in trying to force the South Carolina Railroad into his iniquitous ring. I desire to eall the attention of the Governor and the Legislature aud the people of Georgia to the following order issued by Joseph E. Brown, President of the Western aud Atlantic Railroad: Western and Atlantic Railroad C 0.,) Presilent’s Office, > July 6th, 1875. ) Gen. Wm. Mcßae, Superintendent: The committee appointed on the South Carolina Railroad case, of refusal to keep faith, report that Mr. Magrath adheres to his p isition. I therefore desire you to out off all connection with the South Carolina Railroad, by refusing to issue through bills of lading from Chattanooga, or other points on our road, over said road, or to sell through tickets to passengers over said road, and to apply our local rates to any business consigned to said road, and to refuse to pay any advance charges fol said road until it keeps faith and carries out its contract. (Signed) Joseph E. Brown, President. Now let us see whether he had a right, under the terms of the lease, to use that property for any such pur pose. Let us see whether he has not violated the terms of the lease, and, therefore, forfeited it : Section 10 of that act says : (t And be it further enacted, That said lessees SHALL NEITHER MAKE, NOR PERMIT TO BE MADE, ANY DISCRIMINATION IN FAVOR OF OR AGAINST ANY RAILROAD COMPANY, OR OTHER PERSONS OR PARTIES HAVING BUSINESS CON NECTION WITH OR RELATIONS TO SAID ROAD; but all schedules and rates of freight shall be so arranged as to give all con necting roads in this State a fair and equal chance, doing equal justice be tween them in everything connected with the management of said road and the business relations between them ; and no railroad company or express company or companies, or a combina tion of either, shall, in any event, be come the lessees of said road ; but they may become sureties on the bond of the lessees.” Let no one be deceived by his charge that Mr. Magrath had failed to keep faith with his (Brown’s) ring, (the chief, if not sole, object of which was to de prive the people of the benefit of legiti mate and healthy competition between the railroads). Can any association or combination of railroad officials, with him at their head, confer on him au thority to break the law? to violate one of the most important sections of the act under which he obtained the lease? It says: “That said lessees shall neither make, nor permit to be made, any dis crimination in favor of or against any railroad company, or other persons or parties having business connection or relations to said road.” Read carefully his order, given above, dated July 6th, directed to his superintendent, and see whether he has or has not discriminated against the South Caro lina Railroad, and other persons, or parties having business connection with or relations tef said road. If the Western and Atlantic Railroad has discriminated against any rail road, persons or parties, it has violated the terms of the lease, and has forfeited it! Then the Legislature should cancel it! The people aud the Legislature should remember that this violation of the law in this instance was for the purpose of compelling the South Caro lina Railroad to join his ring, or, even to take his statement in regard to it, of making the South Carolina Railroad or its President adhere to it. And what was the object of this railroad ring? Was it to “encourage fair and just competition between the different rail road companies,” and to “ discourage monopolies?” (When he was Chief Justice Brown he declared that this was the public policy of the State). Was not its object to “destroy that just competition” (against which he so fiercely declaimed when the Central Road attempted to get control of the Atlantic aud Gulf by the purchase of its stock ?) Was not another object that he had in view the loading the people with unjust burdens and the making more complete the “ dominion ” of his ring “ over the government and people of the State.” To prevent the public from being misled by any quibble that Governor or President Brown may make, in re gard to this palpable and flagrant vio lation of the tenth section above quot ed from the act authorizing the lease, on the ground that the South Carolina Railroad was not included, by reason of its being in another State, I will sim ply say that if the Western and Atlan tic Railroad Company have discrimi nated against the South Carolina Rail road. they have discriminated against the Georgia Railroad! It is absolutely impossible to discriminate against the South Carolina Railroad without dis criminating against the Georgia Rail road. It could not diver t a dollar’s worth of freight or passage business from the South Carolina Railroad with out diverting from the Georgia Railroad. Therefore, as he has discriminated against the South Carolina Railroad, he has forfeited the lease. His reasoning on the subject of re bates, and lower rates of freight, are worthy of the man who a few years ago “could not see how banks, with such enormous transactions, could make their accounts balance to a quarter of a cent.” I suppose he has learned how that thing can be done, as I under stand that he has filled the position of director in a bank since. Now that he is interested in banks, I shall not be surprised if ho “slacks up slightly” on banks, as he has done on railroad com binations; that wish to destroy fair and just competition, and make their “do minion over the government and peo ple complete.” Has he yet to learn that, as a rule, everybody (pro ducers, consumers, and middle men included,) buy as low as they can, and. sell as high as they can—availing themselves of all the advantages that competition affords? Is there any rea son why railroad freights should be made an exception? Is it any more disreputable to go “nosing around” to get cheap freights than it is to get cheap cotton, or corn, or dry goods? He proves, as clear as mud, that all the benefits of reduoed rates inure to the “middle men,” and submits as evi dence a copy of a receipt given by my firm to the Central Railroad Company, for a rebate of fiftv cents per bale on one hundred and sixty-four bales of cotton, amounting to SB2. He estimates, with his usual regard for truth, that we got a double rebate. He decidedly in sinuates that if we shipped for any of our constituents that we cheated them out of it, as he doubtless would have done. His publication of the receipt is most fortunate, as it demonstrates one point in this controversy; proving that To Advertisers and Subscribers. On and after this date (April 21, 1875.) all editions of the Constitutionalist will be sent free of postage. Advertisements must be paid for when han ded in. unless otherwise stipulated. Announcing or suggesting Candidates fot office, 20 cents per line each insertion. Money may at our risk by Express or Postal Oruer. Correspondence invited from ail sources and. valuable special news paid for if used. Rejected Communications will not lie re turned. and no notice taken of anonymous letters, or articles written on both sides producers sometimes receive directly the benefit of rebates and cut rates. Messrs. Editors, I must inflict ou you again the publication of this receipt— here it is : STATEMENT OF COTTON SHIPPED BY CLAG HORN, H. & CO. TO OLAGHORN, HERRING & CO., PHILADELPHIA. 1874 No. Bales. Marks No. Bales July 29, Reo’pt 172 ICO 20 BC “ 29, “ ....172 ORAN 19 Aug 13, “ ....173 INK 15 “ 19, “ ...175 SHY 97 “ 19, “ ....175 SC H 7 “ 19, “ ....175 OH 3 “ 21, “ ....177 PL E... ..57 “ 21, “ ....177 SE M 2 “ 21, “ ....177 CH 2 “ 21, “ ....177 SCH 2 164 Augusta, September 17,1874. Central Railroad of Georgia, To Claghorn, Herring & Cos. For rebate on 164 bales of cotton as above: 164 bales cotton at 50 cents per bale $32 00 Correct: (Signed) J. B. Preston, Agent. Pay account Central Railroad $29 52 Steamship 52,43 (Signed) William Rogers, . , Gen’l Sup’t. Received payment October, 5 1874. (Signed) Claghorn, Herring & Cos., per W. An examination of the books of my firm show that the nineteen bales marked C. R. A. N., on the above re ceipt, were shipped for and on account of the producer, and that he was duly credited with the fifty cents per bale, ($9.50), rebate the day it was paid.— Five bales C. H., nine bales S. C. H., iu same receipt, were shipped for and on account of a dealer in this city, who was also credited with the fifty cents per bale, ($7), rebate the same day it was paid. The remaining one hundred aud thirty-one bales were shipped by an operator here, and the account duly received credit for the fifth cents per balo, ($65.50), rebate the day it was paid. He says that he has in his possession “ copies of other receipts of like char acter, where Claghorn, Herring & Cos. shipped cotton to other parties and got rebates. I select one from themselves to themselves to show that they were sharp enough to take it both ways.” His charge or insinuation above that I or my firm have appropriated rebates on freights belonging to others, is sim ply false. My opinion is that the peo ple of Georgia would be more interest ed in an ex; ibit of his transactions for himself, aud on account of the State, in cotton during the war. It will be seen that the authorities of the Central Railroad furnished this man with a copy of the receipt above pub lished, Upon what grounds they as sume to expose the private business of their patrons to him, or to auy one, the public will be curious to learu. It’is a very unususual proceeding, and I ven ture to say that no railroad manager who fully appreciated the interests con fided to him, and desired to promote them would do it. In regard to the rebate from the Cen tral Railroad on 164 bales cotton, as per above receipt, I beg to state, that whilst I claim and notify all interested that it is a pait of my business to “nose around” for the cheapest rates of freight obtainable, that in this instance the “nosing” was done by the Central Railroad agent—he came after me pro posing the rebate. As to its apDearing as a rebate, it was entirely at their sug gestion and request, not mine. A bill of lading, at actual rate named, would have suited me better, and they knew it, Whether the red tapery was to get the use of the $8- for a month or so, or to deceive their competitors, they can answer. There are many other questions con nected with this controversy, in the course it has taken, that I would like to discuss, such as the peculiarity of the Act authorizing the lease, which seems to have been drawn in the|interest of a ring, and so as to prevent competition in bidding for it. And whether the ring that leased the road actually gave the security that they pretended to give ? Whether the road was leased to the highest responsible bona fide bidders or not ? Whether, instead of $25,000 per month, $35,000 or $36,000 per month was not actually offered by responsible parties ? And whether, instead of tho people feeling so grateful to Governor Brown and his associate lessees for $1,425,000 “which would otherwise bo collected from them by taxation,” they have not had to pay over $600,000 more than they would have had to pay ex cept for his kindness (?), every dollar of which has gone into his pocket and those of his associates. And, while upon this subject, I must be allowed ta say, lest I be misunderstood, that I do not put all his associates in the lease on tho same footing with himself. He was shrewd enough to seleot for his asso ciates in the lease some men who had sufficient character for him to bank on in certain quarters—notably amongst this class was Mr. Stephens and Judge King, aud probably others, whose character was something of a guaran tee that they would not be a party to despoil the State. And I apprehend an investigation will reveal the faet that they took no part personally, or by proxy, in manipulating the peculiar act authorizing the lease, or the form ation of the ring which obtained it. But I believe the same Brown will be found, to have been the “ chief mover and promoter of the scheme.” Members of the Legislature, let not the magnitude of the undertaking de ter any one of you from giving this lease question a thorough sifting. If it should be proven that it has been vio lated (aud I believe that it can be, and ha3 been proven in this article), your duty iis plain, and you should not hesi tate to perform it. You should cancel it. Let justice be done though the heavens fall! The cancellation of the lease would do no harm to the finances of the State. As it was leased for less than it was offered in the first place, I have no doubt it could be relet uow for a considerably larger sum (aud the State needs the money), and upon better security. But a far better poiat will bu gaine 1 by the cancellation of the le d se It will, I thiuk, not only breakup the combi nation, the monopoly ,tne railroad conspiracy against the people, but it will prevent this same Brown and his ring from ‘making their dominion over the government and people of this State complete. - ’ The movements of the members of the next General Assembly will bo more closely scrutinized than usual upon this great question, involv ing the interests of the people almost to the extent of their liberties. We will soe to what extent he has his dominion over the government of the State, and by the same engine of power with which he said six years ago the Central Railroad would “make more complete their dominion over the people and government of the State.” Much more I would say, but I must close for the present. W. F. Herring. — HH|. Cheer up, old maids ! It’s calcula ted that when a woman turns thirty unmarried, she still has left 15>£ chan ces out of 100 for getting a husband,