Newspaper Page Text
GRAPH: TUESDAY, OCTOBER 20,188!..
of bnying or selling any future#
wheat. mint lard oi T
jh'dmiii to *eH or buy any future* In cotton, coqi.
wheat, meat or other like article#. Mr. Bartlett Halo
if gambliug la to lm prohibited by law, strike deep
at the greatest gambling. Young men ruined their
families by losing their all iu bucket n1io|m. The
amendment won adopted and the bill |>a#*ed.
Senator Davidson's bill allowiug counties levying
a I'H-al school tax to auiicx technological school# to
their mcIi*k>1m already cstatdiNlird wa# passed.
The bill providing fish wanleua iu the counties
respondent ha# furnished him the verbatim rcjH>rt
herein contained of Mr. King'# remark#.
railroad to change the gauge of their truck#. Yea#
Defining voluntary a##ignnieut and providing for
a aworu achedule of creditors.
Mr. Hall offered an vmendment providing that no
the purchasing of the Georgia Western; au«i gavo ...
the corjHtrutiou #o formed, Uin imwcr#. right#, priv
ileges, and franchise# granted the Georgia Western.
Samuel Tbomaa already referred to, became owner
of an nudivided half intercut in the road
for the fourteen wile# from Atlanta outward. lie
w*u connected with the Eu*t Tetiiieuuee. That
1 hoina# right iu the right by which IJie Eiut Ten-
tussce now oocupiuu the fourteen mile# with the
Georgia Pacific Railway Company. The aame
Tliomoa wau connected with what i# known a# tlie
Cole eliarter.
My conversation with Generul Gordon mu*t have
bei n immediately after the Governor'# action. I
muitrii witness,
Unlied State# Se nator A. H. Colquitt sworn—I
granted Unit right-of-way by \lrtuo or the m-t* n-
fined to hy Judge Hopkins in hi# te-tlmouy. I
* any couxoraation witli Judge lloi*.
proceeding# began. 1 granted
kin# aiiice the _ ni<in n|
oriler in nddiUuu to the statute# granting the right-of.
way for $!,«*>. The act of IN72 granted itabaidutely.
the State road. In con vernation with General Gor
don or Major JnhuHon it wa# understood that one
thousand dollar# wo# to be charged a# a mere nom
inal value. Soiuc of the partie# preferred that there
abould be #ome charge. bceau#e the acta previou#
authority for tho order. I failed to find the law,
but I averted tho law existed. and I cited tho act
giving the right of way, in tho diacrctlon of tho
Governor, to the Dalton and Gadsden.
Judge Hopkins ubowod mu the act
of 1*72. Tho Governor did not
have it heibni him at tiiai time. About the term#,
1 took tho grounds that he ought to grant
self again#t any po##iblc co#t# growing
trauaaction.
Tho lUchniond and Danvillo railroad put up
about f.VMO.Outl iu clean ca#h to build till# road.
We found the l«##ee of the State road hail occupk d
♦•very foot of tho right-of-way in
the city. We are not now
the candied, and have never occupied one f
which wa* intended by this order wo ahould
Report# and other book# to the University of Geor-1 to 1872 seemed to iudieate a valno iu the right-of-
gia. Yea# ‘JO.
Carrying into effect paragraph 2, section 4 of the
'on»tltntion hy conferring upon court* of coiutuou
law equity jurisdiction. Yea# nays 2.
SENATE KILL# LOUT.
u iiics, and nTier to-day ScuAiff
which was agreed to.
Mr. Hines offered a resolution limiting
speeches to live minutes, which was agreed
to.
Mr. Ellis moved to reconsider action on
the bill to authorize executors and adminis
trators to sell real estate on the premises,
which did not prevail.
Mr. Lindsey moved to reconsider action
on the bill amending section 4GU9 of the
code, which prevailed.
Mr. Hall moved to reconsider action on
the hill making it unlawful to fni.l to comply
>ith any y >ntrnct ot kbor, which did not
prevail.
***. Darrell, of Webster, arose to a ques-
tion of privilege. It had been stated that
he had attempted to unduly influence the
Governor in his action on the resolution to
authorize the Governor to settle the chums
of the Marietta and North Georgia railroad.
He read the letter lie had addressed to the
Governor us a complete refutal of the impu
tation.
RILLS PASSED.
Regulating the practice in cases of man
damus to the Supreme Court. Yeas9‘,
Amending section 2850 (a) of the code by
making the umount deposited by insurance
companies $5,000 instead of $25,000. Dis
cussed by Messrs. Hines, Calvin, Turner of
Troupe, and Turner of Coweta, for and
Messrs. Brandt, Milner and Abbott against.
Passed by yeas 07, nays 24, and transmitted
to the Senate.
Providing compensation for hniliffs of
county courts. Yeas 101, nays 8.
rills lost.
Regulating the rate of interest. Fixes it
at 7 per cent, unless otherwise agreed upon
in writing. .
Mr. Bartlett advocated the passage oi the
bill He said: I am not surprised that a
measure which, introduced by myself, sup-
ported by n number of the best men of the
House, reported favorably by the judiciary
committee of the House, of which I have
tho honor in part to represent on the floor
of this House, should l»e characterized as
n 4 ‘promiscuous bill," and that, too, by the
•‘gentleman (?) from Dougherty. A
most remarkable instance that in the
19th century the gentleman from Dougher
ty, with his antecedent*, should pronounce
u measure nemldMis simply because it pro
vided for the collection of debts that might
be usurious. This bill proposes to aid the
creditor to collect his debt from his dishon-
cat debtor, and should pass.
In reply to Mr. Arnheim’s personal privi
lege remarks,-! said; “The devil could quote
Bcripture to his purposes.”
Mr. Arnheim read extracts from the Bible
against usury, and urged tuemliers to follow
the teaching’s of the Book of books. [Ap-
pbtnse. ]
The bill was lost by yeas 47, nays 00, and
pending the announcement of the result,
was tabled on motion of Mr. Bartlett.
Amendiug section 2628 (a) of the code.
Yeas 73, nays 30.
Exempting millers from road duty. Yeas
43, nays 65.
Adjourned until 3 p. m.
AFTERNOON SESSION.
The House was called to order by the
Speaker.
SENATE RILL READ FIRST TIME.
Amending paragraph 1, section 9, article
3, of the constitution, by allowing members
of the General Assembly a salary Instead of
u jxr tliem. Engrossed.
SENATE RESOLUTION ADOPTED.
Exempting from taxation exhibits at the
KL-te fair. Amended by adding “Northeast
Georgia Fair Association at Athens.
A4|>. twd.
dep< *mi -.»* gilfiiViiAJT*.!
ing the suit; making it unlawful to
fail to comply with any contract
for labor; protecting the* people against il
legal peddlers by making them wear badges
and by other measures; giving certain
bodies for medical purposes—tabled, which
is the same as killed; the resolution to pay
interest on certain bonds of the State oh
the Brunswick and Georgia railroad;
amending the hunting laws; amending the
law as to proving accounts in justice*’
courts; amending the laws as to killing an*’*
maiming cattle: authorizing fYecntors and
administrators to sell real estate on the
premises.
RILLS PASSED,
Further extending * % ne time* of purchasers
of railroads to complete the roaus; making
good the service of receiver in certain cases;
regulating the practice in the Su
preme Court; including t volunteer
forces ns a part of the State militia; defin
ing the course required for medical gradua
tion, and repealing the section giving the
informer half the fine for conviction of is-
suance of an illegal medical degree; prohib
iting thv chaining and sleeping together of
certain convicts.
rond time, and the
e to tli- r*i#*ii»lou# exempting the exhibit# at
the State fair tmiu taxation.
lUtX# PAWED.
Conferring upon sheriff# of thia State power to
serve warrant# in Justices’ court#.
Aboliahing the county court of Clinch county.
Incorporating the Athena Having# Bank.
Authorizing municipal corporation# to issue exe
cution# for debt#.
Several bill# were read the second time.
Mr. Jordan moved to take up the bill defining
valuation#, alignment# and amendment# of tbe
Hotihe. Concurred In.
Mr. Brown moved to take from the table a bill to
tafXv tJTvctUfil the Hale or manufacture of liquor in
DcKalh county.
The substitute «M adopted.
On tuotbui of Mr. Browrv the bill wa# laid on t%<-
table.
Mr. CabanlKR moved to fake up the bill to author
ize the Anniston and Chattanooga railroad to con
struct a rallreml through the counties of Chattooga
and Walker in tbl# State.
Mr. C'aliahi*# moved a substitute for the bill,
which wa# adojited and passed
Mr. Glenn moved to take up bill to amend arc-
tion ante of the coda of ls#2 iu relation t<» appeal#
by railroad companies, and aft«*r some dlsctissicn
tbe lull wa# lo#t. The hill provided that mi app al
#hou!d Is* mail" in four days.
A me##age wa# received from the Hon#"
Senate and speaker of the House'to lay over twenty
four hour# for the purpose of signing bill#. Agreed
A resolution hy Mr. Davidnon to authorize the
a##l#tout secretary of the Senate to »tay in Atlanta
five day# to ace that bill* are property signed.
A, Mr. Calianl##, chainifan of the general judiciary
committee, made a report.
On motion of Mr. McBride the Senate adjourned
until 10 a. m. ‘Rsmorrew.
HOUSE.
> The Hoiiae waa railed to order and opened with
prayer by the chaplain.
klr. Harrell, of Webster, moved to reconsider the
action on the Senate resolution requesting our Sen-
. — .in.ton *UUf /?•
Air. Brinson ottered a resolution to pay Hon. B. C.
Dogear hi# diem from the organization of the
session,
Mr. Hines made tlie point that a similar resolu
tion hud been rejected at the winter session, which
point was sustained.
.Mr. Brinson naked leave to Introduce the resolu
tion. and the House refused to grant the permission
by yea# as, nays 73, a two-third# vote being required.
StoilT sKHsMS.
Air. Terrell offered a resolution to hold a night
session at 7;:t0 p. iu., which wa# agreed to by yea#
» 29,
Tur.Asrnr.it /
» lOMITBoLLtlburMCKAL.
Tlie Joint committee on flimwci* reiHtrt tbe book#
in the otHcc# of the Stab* Treasurer and Comp
troller-General neatly kept. They commend both
officers. The committee showed in the treasury a
the Georgia Pacific to tbe Attorney-General. The
evidence will Ik- found elsewhere.
Amending section 2*0 (a) of tlie code, providing
for the trial of criminal# in county court# where
the Judge i# disqualified from presiding. Yea# si'.
Defining the duties of master# in chancery aud
Amending section 1(75 (a) of the code. Yet# Ul,
To define when eorporatinns. mining or joint
stock companies may be #old. and to define how
service of the suit may lie effected. Yea* 110,
To raise the salaries of the Judges of the Supremo
and Superior Courts.
Mr. wheeler, of Walker, luovcd to indefinitely
postpone the bill.
Mr. Barth'tt said Judges spend a third of tlielr sal
aries in trawling excuses. He wanted to have tho
honor of recording ul# vote t ' ** •--*
Judge# of that court get.
** ‘traudt * * *
of th«
judge
live decently. In God’s name give
the judge# sufficient pay to let them Uvea# liecninc#
their dignity. Tlielr necessary expense# are
greater than their salaries, unh-s# they have no pri
vate mean# and then they must certainly stint
theinselve# or run in debt.
Mr. Calvin, of Itlehiiiond, said lie had not the
honor to helnug to the legal fraternity, but he $ave
the bill hi# cordial support. His almost a shame
||| Oil the State that tlie officer# charged with the
1 Ugliest function* of tlie government, receive lucb
1*1 try pay.
Mr. Connell said he wa# opposed to increasing
salaries aud he therefore called the previous <pic#-
Pending the prof loua question tho HottM ad-
jonrned to 7:.'k> p. m.
NIOBT SESSION,
Tlie night session of tho House began at 7:3o.
The House resumed consideration of the bill to
raise the salaries of tho Judges. Mr. Gordon favor
ed it. A motion to indefinitely postpone waa pre
sented slid the bill was loat.
When the hill prescribing the method of granting
liquor license in U|>*on county, in which the Heuatc
1n#i»ted oil Senate amendment already rejected by
tin- House, waa leached. Mr. King arose and said:
••A# a matter of |*rs<>nal privilege, I wish to say
that the Senator from the Twenty-fifth district (Mr.
AllcU), while liisciiMsing till# bill In tlie Senate,
prompted by a dastardly malice, took occasion to
animadvert upon my personal character In language
not only unbecoming a Senator and a gentleman
hut utterly without foundation In fact, and a# a
Senator used hi# privilege In the Senate to malign
and falsify. I hope the House will pardon my re-
id) ing to hi# virion# and l*a#e utterance#, and 1 row
leave to table the hill."
The motion prevailed.
The bill requiring Justices to furnish transtriid*
of Judicial proceeding# In appeal* to higher courts
wa* passe,!.
The hill l
, — ■——-
The bill providing that county caualH and ditches
he worked the same way as road# wa# indeflnetely
postponed. . ,
The bill prohibiting the keeping of pool rooms,
pool hoard* or selling pool# for the purpose of bet
ting on games or race# of any kind waa
taken up. Mfc Bartlett oflhnd P» »W«id
hy exemt ting nonie races, which waa lost. Air.
lia-.!ett ,»ff«*it*d another amendment, making it
criminal to keep any room or place for tbe purpose
Amending the constitution by making the
ion# of the General Assembly annual insteiu
Yea# 110, nay# 1«. Required 117 to pa#*,
* ‘ * to recover damage# foi
other tortiou# personal
_.js oi. nav# *«.
Adjourned.
THE RIGHT-OF-WAY.
Tlie Evlilrnre Itefore tlie Coiiinilttee of In
vent igation.
Below will lie found the evidence covered by the
report of the investigating committee, referred "to in
our report of the legislative proceeding# :
»TK#r WITXKM#.
I,. P. Grant sworn: I think the Georgia Pacific
use# almut four and a half mile# of the right-of-way
of the Western and Atlantic. Thu Georgia Pacific
track i# laid on it. While tho Georgia Pacific wa#
laying the track, they used the track# of the West
ern and Atlantic to tlie point of divergence within
one mile of the river. I am president of tlie West
Point road. I have been connected with railroad#
for forty-live years.
The value of use of right of way aud track from
SimpMon’a store to the dej»ot would depend ujMtn
who kept up the track. It is almut three-quarter#
of a mile between the jioiut* named. The yearly
value of the right of way i* worth the interest on
the cost of a separate right of way. Under the cir
cumstances. I should think the cost of a separate
right would l»e about $10,000. The right of way
through the city from tho depot to tho city
To condemn v
that right of way would cost at least $lo,0ixi. From
Simpson street to the dejiot, use of the track would
way. If tlie State road kept up the track f.VK)
year would lie amnio. The Went Point use# #i_
mile# and a half of Central road, for which we pay
$5,000 per year, the track of which the Ceutral road
keepa up. The rate i# estimated at $:hki per year.
The use of right of way track would be worth as
much to the Georgia Pacific a# to the West Point.
From Atlanta to the Chattahoochee, with probable
tonnage of the Georgia Pacific, ordinary iron would
Inst twelve year# aud would lie worth half price for
old iron when taken up. Steel would last thirty to
forty years. At the time of lease the Western and
Atlantic bad few if any steel rails. The tonnage of
the Georgia Pacific i# not one-half that of the West
ern and Atlantic. The average cost at present per mil*
i# for steel M pound# to the yard, $:i,(MX) per mile.
Iron i# but little le*#. a# steel at present i« very low.
Iron cost# almut $2,230 tier mile. If any change or
inconvenience to the State road be borne by the
Georgia Pacific, the value of the right-of-way would
be decreased 3 per cent, on interest on cost of sepa
rate right-of-way. With that burden, the value
would not lie more than $800 per annum.
history of the Georgia Pacific i#
that after I resigned the nre#ideiu:y of the Georgia
Western it wa# sold for dent to Grant. Alexander A*
Co. They sold it to the Louisville and Nashville
Bail road Company. 1 think the Georgia Pacific
liought the read from the Louisville aud Nashville.
The rate of interest gou the right-of-way I calcu-
t3ie at 7 per cent.: aud at that |lD,n>)0 for the
purchase of right-of-way would lie the lowest
rate. A fair aud full price for
the Georgia Pacific to have purchased
tho right of way of the Weatero and Atlantic would
be ut low estimate $1(1,000. In that estimate I make
a distinction iu price from tin* State road and to
have to condemn aud get right-of-way from the peo
ple. General Gordon wa# recognized a# the repre
sentative of the Louisville and Nashville when the
sale to the Georgia Pacific wa# made. An agent who
wa# iu the negotiation of the sale wa# a man named
James II. f^k,
SECOND wITNEmO.
Virgil Powers, sworn: I have
1 atu not certain that I
tbe act of 1*72 before the order
order waa not revoked for the reason# above sped-
tied, that some of the partie# preferre d to give a
money consideration. I never required payment of
the «1.UUD because the Georgia Pacific Railroad
Company ue\er built a foot of road or track uimu
(lie Western and Atlantic—ail ever built waa built
by the Georgia Weatern. The Georgia Pa-
used utiy but the Geor-
city limit#. A#
, ... . J the act of 1872. I
should have felt authorized hy previou# acts, a# well
“ ■ J'.y previous admiiiiNtratioii*, to have granted tlie
the main city and capital of Georgia to the" West,
reaching the coal and iron field# of Alalwiua by a
route much nearer than any existing railroad.
It wa# not a coinjK ting road with the Western and
Atlantic, but running aliiio#t at right-angle# to it.
In view of it# iiuiHirtaiice and previous act# of the
Legislature and precede its of Governors. I should
have felt Justified iu granting the right-of-way with
out charge. This view of the case is according to
what the representative body of the people had
already done; not only granted it to other roads,
hut by the act of 1872 tlie right-of-way wa# granted
to till# road without any charge, and confirmed by
the act of 1877 which incorporated the ptircimscra
of the Georgia Western, and gave them the right#
aud privilege# ami franchises granted them by the
act of 1872. 1 make this statement liecausc I do not
rememlter If the act of 1872 was before me when I
granted the order. Investigation did not stop there
with the act# named, for we examined the gnu '
right-of-way to all other reads.
My recollection l# that no objection waa offere d to
paying the money. The intention wa# to have paid
think, hut I am n-r #utc of the exact amount,
was president of h • Ge trgia Pacific when the orele.*
w a* grant*' 1. 1 Iu . I u-ge interc*,# in the lti.-linemd
and DaireiJle CoiiMtiiietloti Company, which 1 ac
quired by s.ibscripiit.:: to it* stock iu money, not in
the original contract of sale.
SIXTH AND Last WITNESS,
Senator Joseph K. Brown sworn; I know nothing
whatever of the coutract between the Gc.o'gia i*..-
oltlc aud the State. The Georgia Pacific i.. us.Uu
right-of-way of the Western and Atlanii, railroad
from the point of junction between Atlanta ami tho
Chattahoochee river to the city, which I# said to 1 o
about four mile# from the centre of tlie city. The
Georgia Pacific use# no portion of our truck except
the Upper cud of the y#rd# down to the pw-
>u.. K L-r dejMit, which i# about a half to three-quarter#
of a mile. They use thut by contract with the les-
experience of
>njoyed would have cost about $10,000,
From the depot t» city limit# would cost at a
fair price about $5,000, From the Geor
gia Pacific depot into passenger depot
would be very expensive. Price could harellv be es
timated now as to price in 1881, hut it would tie very
much higher now. If the State road kept up the
track, the use of the track from the limit# to tlie city
depot would he about from $800 to $1,000 per an
num. The West Point nay# the Central for her
right of way $800 jkt mile per antmiu and four
miles are in the country. If we used only one mile
iu the city, the rent would be worth more.
THIRD WITNESS.
.7. L. Hopkins sworn: As a member of the firm of
Hopkins k Glenn, attorneys for the Georgia Pacific
railroad, I am attorney for that road. The Georgia
Western wa# sold to Graut, Alexander k Co. Mr.
Glenn and myself were employed for the Iticli-
mend and Danville Extension Company. From it#
beginning we were interested in it# interest. Gen.
(iordon waa president of the Georgia Pacific Rail
road Coiiqiany when the corporation
created under the law# of Georgia.
There wa# a road of the same name in Alabama.
Tlie Georgia corporation j#»#*.•<! to the Alabama cor-
iMiratiou and the Georgia Railway Company
tinned to me the matter of till# right-of-way over
the State road. He said Governor Colquitt demand
ed one thousand dollars. 1 ndd him the Governor
had no right to charge one cent; that the
for the money, and must not pay it. General Gor
lin* executive, after di*cuM#ing the i
did unt insist ou payment of the th
The reason for my opinion i# that all the charter
ed right# and privilege# of the Georgia Western
were #nld at sheriff# sale, except the right of corpo
rate existence, in the case of Grant, Alexander &
Co., the sheriff wa# proceeding to sell the property;
1 tiled a lull for the city of Atlauta to eujoiu tin-
sale. Tlie Supreme Court directed sale of the mad
m it# entirety, except the corporate exist-
vine, under a judgment in favor
of the contractor# At that
Mde Grant. Alexander .1 Co. became the purchasers.
1 forget to whom they connived tlielr title, which
wusdoue by deed. Ultimately the road jiasseil into
Gen. Gordon’s hand#, except the right to a Joint
use of fourteen miles of tho track in Samuel
Thomas. The title finally passed to the Georgia
Pacific Railroad Company, aud from that to the
Georgia Pacific Railway Company.
Under the act of December 14. 1839, the Governor
was authorized to grant to tlie Dalton and Gadsden
railroad the right to con#truct ita road a short dis
tance on tlie right-of-way of the Western and At
lantic. The art of Decemlier 20. iHlo. authorized
the Governor to grant to the Georgia Western rail
road the right-of-way on the State road, within ami
adjacent to Atlanta, to any distaucs east of the
Chattahoochee river. There wa# a proviso in the
third Krtiou of that act that the privilege should
not extend beyond one mile from the depot hi
Atlanta, the read to pnv
lullin' bait given the itower to the Governor to make
sueh grant*. Thu act of Aug'i*t '•**. 1 M *‘J* granted
the right-of-way direct to the Georgia Western,
without condition a* to the price aud with
the single proviso that tlie right-of-way of
the Western and Atlantic should not lie used lie-
yond the limit# of the four miles allowed by statute,
except by written contract with tbe |e##ecs of the
State read.
At the time oflbe lease of the State road, rig!
way extended Only four will's. It waa beeause of
this logl*latiou related hen*, that I gave advice to
Gen. Gordon not to pay the thousand dollars. I am
confident thia intcrv lew alumt the Governor’s charge
wa# with Gen. Gordon; it l« barely possible it may
have been with Major Johnson.
The present president of the Georgia Pacific Rail
way Company, but I think not. In addition to the
terms of the sherilTs sale, with refference to the
when tlie road came into tlie city.
The Georgia Pacific is now running from the de
pot to the limit# of the city, by contract,
tracks of the Western nnd Atlantic. I do u
who were interested in the Georgia Pacific
time. I diil not have then nor have I now c
lars worth of stock in the Georgia Pacific. I had
interest# in coal land# iu Alabama which have been
sold. 1 think Gen. Gordon wa# interested,
but I do not know if it wa# in the
Georgia Pacific or the Richmond and Danville
•nt whatever wa# due for sale of laud# iu Alabama.
I do not know whether I stood a# stockholder or
creditor, having sold the company Just named,
property. Thut company pa##*'*! the load over to
the Georgia Pacific. I think at that time my rela
tion# with tho construction company had ceased.
I cannot say definitely. Several right# of way
mtiniug into my coal laud# have lieen
acquired; but I do not know for certain that the
Georgia Pacific ha# acquired any. My recollection
i# that the coal field* and right-of-way were sold to
the Georgia Pacific. Gen. Gordon, Col. Eugene Gor
dou aud 1 were interested. I rejieat. I put the
price for tl • right-of-way over tho Western and At
lantic at one thousand dollar# a# a nominal price. 1
remember that Gen. Gordon, Major Johnson, or
1 wish tlie committee to understand that the
order was proper for other considerations.
In the use of the word nominal as t<> tho $1,<joo
indciN'iidcut of result# to tho State at Urge, and iu-
riFTU WITNESS.
lar of that wa# for or iu any consideration of the o
Several years before
Colquitt, my two bratlie
self were largely it t 'jested
order. Governor
quired certain right#
line of the Memphis
and Charleston read. 1 solicited Governor Colquitt
tion# of owner# in consideration of
road into them from
tendering tlie lands.
of those roads
inquired a very large body of coal lands. Iu con
nection with it we acquired certain charter# of rail-
reads. We had begun to construct a road freni Co-
brother* and myself owned
terest exclusively. We had voted to us by Meriden
and Columbus Urge amounts of bonds, to be deliv
ered when we should cpuuect them
with the coal fields, Tbe#e rights aud
lauds up to the inauguration of the Georgia
Pacific were all we had in Alabama. The coiitetu-
much distrusted by the whole State. The public
by my friend# against it) to attempt
connect tho«c coal field# with AtUuta. and for this
purpose to purchase the Georgia Western from the
Louisville aud Na#hville. A number of companies
Louisville and Nashville. I think, purchased it for
less than $4",ouo. I attempted and did purchase it
individually, no one except myself haviug otic dol
lar iu it. 1 bought it for $3(i,mat without
any money for which to pay for
it. I bought it on credit, giviug my
note for it. Of my own accord 1 undertook to
organize a company, ami succeeded with
large New York capitalist# in building a r«»ad from
•arly the identical line of the Georgia Western, 1
owning one ami the llicbmond and Danville the
other. Thi# led to a compromise between
tlie Richmond and Dauvillc company and
myself, by which that company agreed to
purchase the Alaliama coal land# and pro|<*irtie#
in which Governor Colquitt was interested. Tim
fields, hut we should go ou to the Mi##i«sippl river
anil thence to Texas to the Pacific railroad.
lu that purchase the Itichmoud and Danville
agreed to give a lump sum for the old Georgia West
ern, coal fields, and the railroad charters.
That trade was consummated, aud afterwards the
Richmond and Danville Extension Company wa# or
ganized to build it. That Extension Company ex
ists to-day. Gov. Colquitt was mistaken in think
ing it dead. The contract was the Itichmoud and
Extension Com-
liecamc necessary to have a
Mississippi
organization
Company. it
insolidateil charter all
through to Texas' for the reason that first mortgage
boud# could Ik- lietter sold on au extended line than
ou several short liues.
In niy contract with the Richmond and Danville
people it had been represented by me to them that
in purchasing the old Georgia Western they could
coiiuect it with their sy#tem here in the ear ahed,
and that was a part of tlie consideration.
Without hesitation. 1 told them the
read had the right to come into the car shed
on the Georgia Western. The Alaliama aud Atlanta
nsol did uot have that right ui*on which they were
threatening to build. That was one of the induce
ments. Another consideration was that the Geor
gia Western wa# graded fifteen miles, aud piers put
acres# the Chattahoochee. When 1 came to get the
onler from Governor Colquitt, the reed held me to
au agreement to deliver to them a line from the
earebed to the line. Hence my pretest against the
Governor's charging ft,uuo. The Governor then
had not seen the act of 1872, nor had I;
hut I knew it existed, and then-fore I made the
sale. The Richmond and Danville people were in
session iu Atlanta. They wanted to go to work at
once. While they were lu m-natoa I pressed the
Governor to issue tbe order at ouce. He aaked my
little farther into tlie city. The Georgia Pacific laid
it# track# on tlie riglit-of-wav as far a# it wa# unoc
cupied by «.ur tracks. Of«lino where the West
ern aud Atlantic occupied all tho right-of-way with
trucks, the Georgia Pacific could come no further.
When they reached that polut where we covered ali
the right-of-way, aud after they commenced mu
lling. they arranged to uko our track to
the depot. The first arrangement
we made wa# to allow the East Tennessee to run
passe nger trains down to the #ide of the National
Hi
•nd Atlantic for the right-of-way where \
cup) it all. Tlie Georgia Pacific pay# for the use of
our track# Into the depot, to the best of my recol
lection, $150 per month. They and wo
agreed that that was a reasonable
price. They did not use our truck, nor did wo
permit them to without consulting us. They uso,
1 think, our main line down to tlie crossing of tho
Central railroad. The width of the right of way
w here the Georgia Pacific use our track# is 100 feet
lu one part aud 60 feet In another. The quo
•rewded; and also because the Georgia Pacific. I
understood. 1* under control of the Richmond
and Danville, forming part of its connections. Tlio
Georgia Pacific uses only one track from the Junc
tion m ar tlu* river, which track it keeps up.
The value of the use of right of way forever of the
whole four miles, including entrance into tlie city,
a# they now enter, would, in my opinion. dci*end
iil#>n the iHdley of the State. As I think the policy
wa* to encourage eompetHinii and development
the State might let the Georgia Pacific intA
the city a* stated for nothing; but
otherwise the franchise would lie very valuable.
emor Hcrschcl V. Johusou signed the charter of
the Georgia Western, and the act in Itkkl extending
the privileges wa# signed by Governor Charles J.
Tlie right of way ou tho State road
Jenkins. _ w
given in the case of the 'Cincinnati Southern ...
Chattanooga, and of the Carter#villu ami Van Wert
railroad. I should therefore say the jioHoy of tho
state ha# been to encourage cotiiiictit'iou by
exteudiug the privilege of this riuht of way
ou it# read whenever asked; and therefore the fran
chise of the Georgia Pacific over the right of way
would not In* valuable. I followed out the policy as
given in signiug au act aim uding the charter grant
ing the right of way to the Dalton and Gadsden
road. The whole four mile# right of way of the
Georgia Pacific, without other eomi>etitorH to tho
West, would be valuable. My understanding of the
contract between tho State aud the lessees of tho
State read is that it gives them
full control of the tracks for twenty years.
No company could condemn those track#, where
they covered all the right-of-way, for it is the prop
erty of the State. The Western aud Atlantic was
not a corporation before leasing it. Even an act of
the I-cgislature could not condemn any part of tho
lease, uule## she violated her contract with u
Jones, who bade the Senate farewell.
Ou motion bills were taken up for third rcadiug.
DILL# Passed.
To reimburse T. Mo##, of Chattooga county, for
To provide for the examination of banks by a
bank examiner.
amendment to exempt
then put upon it# passage and wa#
>#r.
To confer additional power# upon tbe purchasers
of railroads.
To prevent falling in the Big ami Little Ratilla
taill ease#. Lost.
To amend section 1104 of the eodo of 1882. Passed.
A bill to amend section 2850 (a) of tbe code, in ref
erence to reducing the deposit fee of iiisuranco
impanie#, after some discussion, was lost.
Several hills were taken up aud amendments of
the House concurred In,
Mr. Colley, chairman of the Joint committee ap
pointed to inquire hy wliat right the Georgia Pacific
railroad used the right-of-way over the State read,
submited a report recommending, after citing vari
ous grant# and rights, that the Georgia Pacific rail
road is entitled to the right-of-way, and the liability
of the Georgia Pacific railroad to pay rental be rc-
A presentation wa# made by Senator Davidson to
Ira. Carlton of a picture of Dr. Carlton, tlio Presi
dent of the Senate, in a beautiful speech. (Ap
plause.] Dr. Carlton responded iu a heartfelt
speech, thanking the Senators for tbe gift to his
wife iu token of friendship for him. He hoped tho
Senators would ever lie happy. He asked the Sena
tor# to accept his heartfelt thanks for tho gift,
tpplsuse.)
Several resolution# were adopted tendering thanks
to the secretary, assistant secretary ami clerks for
their courtimi# attention.
A resolution tendering the thanks of tin* Senate to
Hon. Jackson T. Taylor, journalizing clerk, for hla
kind attention to the mi'iutier#.
Mr. Allen rose to a personal privilege and #aid:
••Mr. PicsiUeut and fellow Senators: I find in tho
proceeding# or Ia#t night's sen-ion of the House of
Kepn** ntatives. that tie member frenr Upson. Mr.
kiug. taking advantage of his iHi-item ouauue»tion
of personal privilege wnilo HonanblU^nt^ber^w,
alderatlon, mode an unwarranted criticism upon *
ipeocb nude by myself, and which criticism DtU'ii-
jll upon my official character a# a member of thlH
Senate aud private character as a citizen of thi#
State, and I now ask th# Indulgence of the Senate
but for a tew moments to make my demise.
In the first place, a# hta charges are in general
.. .ins without specification, my answer must nci-es-
■arily be of tbe some character, not knowing what
part of my speech reforred to is that complained of
by Mr. King. . . , , . , . _
••In reply I says 1. In making my sisii h I itetiv
that I was prompted iu anvtiilug l said by any feel
ings I entertained toward Mr. King, and there was
nothing in wbat I said or manner which could au
thorize him to so believe. I did uot have or enter
tain any mallco towards him.
••id. I deny that in that speech Isold anything un
becoming s Senator or gentleman, or which re
flected iqsin the personal character of tho tucmls-r
from Upson, or made any statement about him
which wa# not literally true.
••3d. I deny that 1 used my privilege in the Senate
to malign or falsify Mr. King, or that I made but
one personal allusion to him. and then only when
provoked to do so on his unbecoming conduct In
the presence of the Senate, and that waa neither
mallcioun, slanderous nor falsi*, but literally true
aud referred to his political and not hta pewqnal
record or private character. 1 say. and call on the
Heuate if it 1# not true, that wiien I »poke of his
iM>sition on tlie bill, and w hat he had said to the
teniiierance committee of the Senate almut it, that
I requested him if 1 misstated him to bare nie cor
rected thi n and there by the Senator of the 1 weuty-
seevnd district, that I did not wtah to misrepresent
him, but wanted the truth to come liefore the Sen-
(Continued on ninth page.)