The weekly telegraph. (Macon, Ga.) 1885-1899, October 20, 1885, Image 8

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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.)