Newspaper Page Text
VOL. 111.
T. X. WYNNE, W. M. DB VtOhW,
JOHN H. MARTIN, JOHN M. MTkWAHT.
Wynne, LeWolf & Cos.
Publlihcn and Proprietor.
II ill,Y, (in xdvxucw) per wimuu $7 00
“ ix months, 4 00
** three months 2 00
" one mouth... 70
WKEKLY, on# yew.... 0 00
(Shorter terms in proportion.)
KITF.M OF itIVRKTIMIhfi.
One Square, one week $ 3 90
One Square, one mouth 8 00
One Square, six months 28 00
Transient advertisements SI.OO a square for
each iusertiou.
Fifty per cent, additional in Loeal column.
Libera) rates to larger advertisements.
WASHINGTON NEWS.
A NEW ELEMENT OF DISTUBB
ANOE IN THE FIGHT FOH
OFFICE.
nrri.cn *rmKiMi hay km.
The President for Silver Remonetization.
.iproixTMEvs, i\vrjrrio atio\,
ande v drc.
Washington, June s.—Franks, the
North Carolina Deputy Maishal, has
been released on bail.
Anew element of disturbance is
developing Itself in Louisiana poli
tics. Senator T. B. Stamps and Jas.
Kennedy arrived this morning. They
report themselves as forming part of
a committee sent here by the repre
sentative colored men of Louisiana
to see the President. Ttie other
members of the committee, Senator
Dumont, Rev. A. M. Newman and
Louis M. Kenner, are en route, and
are expected in the morning.
Nothing is known of their inten
tions, although it is rumored they
will strongly recommend Albert W.
Leonard for District Attor my. Some
of the committee are applicants for
office. Burch remains here to watch
them.
Gen. Butler was called upon by a
delegation of citizens of the District
in regard to the Commissioner. He
referred them to Mr. Corcoran.
Extract from the report of the in
terview as published in the Balti
more Sun: “We are told that the
Republican party is to be disbanded ;
tire Democratic party is to be disband
ed, and the great Whig party is to
come iuto life. You had better go
to some graveyard and take off the
toombstoues names of some Old
Liue Whigs and put tiiem on your
application.” The General here in
terrupted himself, and said, he had
asked one fuvor of the President.
When he was in command of the
Department of the Gulf, during the
war, the noble, eminent aud patriotic
Surgeon-in-Chief of the Department
sacrificed Ids life in his
labors for his country. His
sou, now a promising lad of
1G years, desired to enter the Naval
Academy. The boy did not live in his
(Gen. Butler’s) district, or he wocld
have bad him appointed himself.
He therefore went to the President,
who at the time had three naval ca
det appointments in his gift., related
to him all the circumstances, and
asked him to bestow one of the ap
pointments on this poor boy. When
the President made the appoint
ments the boy’s name was not among
them, but all of them were sons of
men of the style of Mr. Corcoran.
The Court of Claims decides tinder
the tenure of office act, that a sus
pended officer does not draw pay,
but the officer ad interim draw# the
pay for the time of service.
Washington, June s.—The Secreta
ry of the Treasury has abandoned
the purpose of investigating the Bos
ton Cusrom House.
It is stated the President disap
proves the veto of the silver bill by
the Governor of Illinois. He favors
the remonetization of silver, but
thinks it difficult to determine in
what form such step should be taken.
Gen. Crook expresses the opinion j
that no more troops are needed in
Utah.
Thomas B. Bryant, formerly of
Chicago, but not a citizen, is appoint
ed Commissioner of the District, vice
Ketchum.
Ex-Gov. Osborne, of Kansas, com
missioned Minister to Chili.
The Secretary of the Tresaury has
issued an order limiting the pay of
District Attorneys to $4,000 per an
num.
Southern postmaster commissioned
to-day —Ezra A. Hadley, Little Bock,
Ark. A. L. Dorrell, Sherman.
Second. Lt. James H. WhiteD, 10th
cavalry, held in SSOO bail in police
court, charged with duplicating his
pav account.
Key and the Postal Commission re
turned.
Cabinet discussed to-day reforms
in custom houses and the customs
generally. The prodigality of United
States marshals was also discussed.
The district commissioner was the
only appointment agreed upon.
A Train Runs Into a Hirer.
Albany, N. Y., June s.—This morn
ing, s the freight train approached
the bridge here, the draw was open,
aud as the engineer could not stop
the train in time, the locomotive and
tender plunged into the river. The
en giaeer and fireman jumped off and
escaped.
THE WAR IN EUROPE.
Services Ultimatum to the
Pope.
RUSSIA GIVES ENGLAND LIMITED ASSU
RANCES.
BKITINH OPINION THAT 111 MSI A
WILL CO.VQITK.
j A.\l> RBSIOXATIO.V TO THAT RMSt'LT.
Montegrins Defeat the Turks.
Constantinovlb, Junes.—'The Sul
tan called the presidents of the
Turkish parliament to the palace
east, to discuss the best means of
closing both chambers without pub
lic scandal.
Vienna, June s.—The Servian Gov
ernment has sent an energetic note
to tiio Porte, with simultaneous
| copies to the Powers. She will re
! cover an island in the Driua river by
; force, unless Turkey evacuates.
Koumania hesitates about aotive
co-operation with Russia after the
Russian army has crossed the Dan
ube.
Grand Duke Nicholas has commu
nicated to St. Petersburg his disap
pointment in coming to terms with
Rou mania.
Pesth, June !>.—A Communique
published in official pupors states
that despite her objections, the
initiative relative to peace must be
taken by Russia.
London, June s.—The only thiug
positive in Russia's reply to English
questions as to her intentions seems
be that Russia will not touch Egypt
or the Suez Canal.
*Galatz, June s.—The Danube here
is about fifteen feet above ordinary
level,
Vienna, June s.—According to the
latest intelligence, the Czar will re
main at Kisoheneif for the present,
| because the breakage of bridges is so
j great as to block the traffic in Rou
manian railway lines.
London, June s.—The Times, in its
leading article, says : So Tar as can
be judged, the fortuoe of war will be
I adverse to the Turks, The opera
! tions may not have the rapidity of
| recent wars, but the Turks are over
| matched and must succumb in the
i oud. This catastrophe Europe will
i accept. No nation will go to war
again to support that which cannot
be supported. No real estate men
will cling to a dead element in a sys
tem instead of looking for its living
forces. We know we must seek for
that which is to replace the appoint
ing powers. To this we cannot too
soon direct our attention.
A special dispatch from Vienna to
the Standard says the Porte, as a
precaution against the growing war
agitation in Greece, has ordered the
culling out of the militia and reserves
of arms among the population of the
frontier districts.
London, June s.—The Berlin cor
respondent of the Times says: It is
asserted upon good authority that
Count Vonwalka regards Russia’s
chances as steadily improving, in
consequence of the extraordinary
negligence and lack of foresight of
the Turks.
Cettinge, June 6.—A battle was
fought to-day, near Maljat, lasting
several hours. The Turks were de
feated and lost 500 men. The Monte
negrin Josses are not mentioned,
[Note.—The foregoing is from a
Slavonic source.]
E\lil,V\n AMITIIK. nKU.ICF.REK .
hhe Xntlflcs Them Not to Obstruct the
Nurz (mm 1.
Bill ’Won’t Agree to Keep It Open to All
Kmium.
London, June 5.-— ln the Commons,
Mr. Egerton, Secretary to the Adrni- 1
ratty, in reply to a question, said it j
was not true that a mutiny had 00- !
curred on board her Majesty’s ship 1
Alexandria, flag ship of the Mediter- :
ftnean squadron. It was only a case
of insobordination.
A dispatch was laid on the table,
addressed by Lord Derby to Lord
Lyons, British Ambassador at Paris.
The dispatch is dated May 12. Lord
Derby informs Lord Lyons that
Great Britain had declined the pro
posal of M. DeLesseps to keep open
the Suez Canal to all nations, and
had intimated to Russia that an at
tempt to blockade or otherwise in
terfere with the Canal or its ap
proaches would be regarded by Eng
land as a menace to India and a grave
injury to the commerce of the world,
incompatible with the maintenance
of the Rritish attitude of passive
neutrality. At the same time it was
intimated to the Porte and the Khe
dive that England was firmly deter
mined not to permit the Canal to be
made the scene of any combat or
other warlike operations.
Knirlaad, Germany and Mpafn.
London, June 5.—A special dis
patch from Berlin to the Pall Mall
! iruzettp says the statements which
! have been published that the
| governments of England, Ger
i many and Spain have come
to an understanding with respect to
the the taxation of British and Ger
man subjects in Cuba, turns out to
be incorrect. Germany and England
have objected to any war tax at all.
COLUMBUS, GA., WEDNESDAY MORNING, JUNE (5, 1877.
THE WAR IN ASIA.
! SPREAD OP THE CIRCASSIAN RE
HELLION.
Tt’BKIKH PANIC AHO IT KHZ I:.
HOVm.
London, June s,—The insurrection
' in Caucasus lias spread to the Cas
pian Sea.
The Russians have abandoned
1 their position above Sukurn-Kaleh,
and fallen behind the river Keodir.
Manchesteh, June s.—The Guar
[ d'uin’s Vienna dispatch says : It ap
! pears that the Turks exaggerate
their troubles. It is believed that
the main body of the Russian centre
iis still near Kars, and that the re-
I cent panic at Erzeroum was pro
voked by a flying corps of Cossacks
and irregulars.
fcnuih Karolina's Urbi and Taxes.
Columbia, June 6.—The Conference
Committee on the Appropriation bill
have ugreed as follows: That a tax
of of $7,000,000 be levied to pay first
the current expenses of the Govern
ment; second, the interest, on the
consolidated debt, and third other
valid indebtedness of the State, after
being investigated by a commission
of three members of the Senate and
four members of the House. They
are to be ratified at the next session,
and deficiencies, if any to be met by
a loan of SIOO,OOO, effected by the
Governor. Tire result of the Confer
ence will be submitted to the Gen
eral Assembly to-uightor to-morrow
morning, and will be adopted.
Arbitrary KtMinci ioun in France.
Paris, June 5.—A circular of M.
Fourten, Minister of the interior, to
prefects, instructs them to revise all
licenses for hawking and selling
newspapers, books aud pamphlets,
and only allow fit agents offering
proper guarantees to social order to
retain their licenses. The prefects
are also instructed to prosecute any
persons who in cafes and other
public places spread false reports
calculated to disturb the public tran
quility.
TKLEOBAI'IIIC H I wifV KV.
Fort -Monro*—N. S. steamer Hart
ford, flagship of rear Admiral Ste
phen D. Trenchard, commanding
North Atlantic Station, arrived in
the Roads last niglu from Port Roy
al. All well.
Boston—Samuel Warhurst died of
hydrophobia at Sangus Centre. He
was bitten two months ago; the
symptoms were well defined.
The will of Charlotte Harris, of
Charleston, gives SBO,OOO to the Per
kins Institution fur the Blind, $lO,-
000 to the Charleston Library, and
S7.iKK) toother institutions. Tire rest
of her fortune, after deductin private
legacies, goes to the. Massachusetts
general hospital.
WKATII KK I.\UICATIOI.
War Department, I
Office or Chief SiohaLOfficer, >
Washington, JuueS, 1877. )
For the South Atlantic and East
Gulf States: stationary or falling
barometer, stationary or lower tem
perature, southwest winds, partly
cloudy and clear weather, with rain
areas, followed at Western stations
by rising barometer, aud colder
northwest winds.
Forest Fires In Mtchi*n.
Detroit, June 5. —Forest fires ex
tend 40 miles along the shoreof Lake
Huron, and indefinitely inland. No
towns are in immediate danger, but
should no rains come, serious re
sults are certain. The smoke makes
navigation difficult.
Tle kiolin Peruvian lron-elad Re
stored.
London, June s.—Private dispatch
es from Lima state that Don Nicolas
Depicdola, revolutionist, and his
suite surrendered themselves to the
Peruvian authorities, with the iron
clad turrett ship Hurscan.
TKKHI IIL.F STOIltl.
An Illinois Town llestroyetl.
Cairo, June 4.—A private telelgram
states that a tornado struck Mount Car
mel, Illinois, about 4 P M., causing great
loss of life and property—twelve are
known to he killed and thirty to fifty
wounded and about twenty missing.
Among t’ue buildings destroyed are the
Presbyterian and Methodist Churches,
two school houses, court house and sev
eral stores and residences.
Cincinnati, 0., June 4—Mount Car
mel, Illinois, which was nearly destroyed
by a tornado last evening, is a thriving
town of about three thousand inhabitan s
on the Cario and Vincennes B. R. The
loss is estimated at Irom $300,000 to SoUO,-
000. The same tornado damaged a num
ber of buildings in other towns lying in
! its pathway.
Mount Carwell, 111., June 6.
Twenty-two dead bodies have been
found thus far. The tire was sub
j dued after six hour’s steady work. A
j number of farmers were in from the
| country, whose teams were scattered
among the debris. The number
i killed is yet unknown. The tornado
passed over the town at about 3:30
o’clock last evening. It struck the
town at the south end of Cherry
street, and passed almost due north,
taking in about one square and the
west, and destroying almost every
thing in its course.
THU "Hl HON AM! A PKK.
| oen. Darlington's reply to gov.
BMITH.
From the Atlautx Cout., Bd.)
To Hun. James M. Smith:
Sir In your letter toGov. Colquitt,
published in the Atlanta Constitution
of the 30th ult., in relation to the fee
paid myself aud others as attorneys
in the matter of prosecuting the
claim for tho Siato against the
Uuited States Government, you
plainly intimate that you do not wish
to bo brought into controversy with
those with whom you made the con
tract forthe prosecution of the claim.
1 have nothing to say in reference to
your quarrel with the Governor, but
1 cannot permit you to make a wrong
i to me ttie excuse tor venting your
I malice against him'; nor your quasi
•denial of a plain and positive cou
! tract the means of shutting out from
! t lie public the palpable and estubiish
j ed facts.
Under tbo guise of an inability to
recollect, you seek to evade the re
sponsibility for a contract just in
I itself, as plain and positive as was
ever made by any Governor with at
j torneys, and more susceptible of ab
i solute proof than any other of the
! many made with attorneys during
| your administration. I will state the
real facts as to tho contract, aud the
character ofihe claim, which was,
after nearly eight years of labor,
recogniz :d by Congress, us briefly as
possible.
In July, 1800, the late Col. Baugh
and I. as partners in the practice of
| law, decided to bring certain matters
growing out of i tie military posses
sion by tlie United Btiites of the
• Western & Atlantic Railroad during
and after tho War, to the notice of
Gov. Bullock, as the foundation of a
claim against the Government of the
United States in behalf of the State
of Georgia. An agreement was eu
tered into for tiie prosecution of the
claim before Congress. Gov. Bul
lock’s proposal was iu these words:
"I agree to a retainer of $3,U00 to bo
(laid now, aud propose as a final fee,
171 per cent upon tho total amount
collected and paid into tho Treasury
from which shall bo deducted tite
amount now i>aid in baud as a re
tainer.” Tills proposal was accept
ed. About this contract there is no
dispute.
After the expenditure of much
time, labor and money iu getting u;>
evidence and preparing the case, it
was brought before Congress by pro
ceedings in the House of Representa
tives und referred to the committee
on Claims. Colonel Baugh went to
Washington and spent a part of two
sessions there endeavoring to get tiie
committee to act upon it. It was
entrusted to Col. W. I’. Brice, who
then represented the Ninth Congres
sional District of the State in the
House, aud was a member of the
committee on Claims, lie worked
dilfigently iu its favor; but notwith
standing his untiring efforts, noth
ing could be accomplished in for
warding tiie claim, and iu the com
mittee to which it was referred it
finally lingered and died. Tnis is the
first, ctiapter in tho history of this
claim.
Tue second chapter, the one in j
which you are most, interested, and j
the facts of which you have attempt- j
I’d to distort, begins with tin trad ;
entered into with you, as Governor |
of the State, of the one part, and the |
firm of Baugh & Garlington and B
A. Alston on the other part. The
contract originated in this way :
111 1873 we decided to attempt Iho
passage of a bill through the Senate,
and placed all the papers relating to
the claim in the hands of _ our Sena
tors, including the memorial to Con
gress written by us aud signed by
yourself as Governor, the bill pre
pared by us and all the documentary
evidence relating to the claim. About
this time C and. Baugh and 1 agreed to
admit Col. B. A. Alston as attorney
in the prosecution of the claim upon
equal terms with us, provided you,
then Governor, would agree to in
crease our contingent fee to ati
amount which would still secure to
Baugh aud myself the percentage we
were respectively entitled to in case
of recovery.
I say this was the agreement be
tween Baugh, myself and Alston. It
was therefore necessary to see you,
Governor Smith, aud submit these
terms to you for approval.
Accordingly, we—all three of us —
went to the executive chamber, and
theu and t here brought the matter of
our agreement before you, represent
ing to you that we (Baugh and my
self) were nut only willing, but anx
ious to secure the services of Col.
Alston, which we esteemed valuable,
aud who promised to go lo Washing
ton. I well remember what then
took place. I don’t say "according
to my recollection,” but I most em
phatically stale the following to be
the facts:
After stating to you the purpose of
our call, and talking over the matter
of the claim, about which you seem
ed to know little, wc stated that we
had agreed to associate Col. Alston
with ourselves in the prosecution or
the claim, provided von would raise
the contingent fee to an amount
which would at least secure to us
our full interests under the Bullock
contract. Youranswer was in sub
stance, and I use your precise lan
guage, in part, as follows. You said :
"1 am willing to pay a liberal fee in
this matter, for whatever may be re
covered ; I would regard it as just, so
much ‘picked up’ for the State.”
“Picked up,” sir, were your words,
and you yourself added, “I think
twenty or twenty-five percent, would
not be unreasonable.” The latter
amount was then agreed on; and be
fore we luft the chamber, you slated
that you would endorse this contract, j
upon the papers setting forth the
original contract with Bullock. Here j
ends the second chapter.
In the meantime, both Alston and ,
Baugh went, to Washington to bring j
the evidence before Congress, and
press the claim, one or both of them j
spending almost the entire winter |
there in its interest, and leaving a.
local attorney to represent, them j
| when they left. I used all the influ
; ence I could bring to bear in its fa
j vor by personal appeals t,o, and cor
respo ride nee with members. The
committee on military affairs of the-
I S-nate, of which General Gordon
! was a member, at length reported a
: bill to the Senate, which provided
, for a reopening of the old settlement
i made with the State for the sale of
I engines. &<\ I will refer more par
tioiHany to this report in speaking
! be! >w of the services rendered.
No action was taken upon this re
I port until a long time afterwards.
During all this time, I supposed that
you, Governor, had done what you
promised to do, that is to say, that
you had made a minute or memoran
dum in writing of the contract enter
ed into bewteen you as Governor,and
Baugh, Alston and myself, as attor
neys, and never doubted that you
had until some time in December
last, when T was informed that a
contract had been entered into be
tween Col. Buugh aud Gen. Henry
It. Jackson, in relation to the prose
cation of the claim, whereby Gener
al Jackson, and the firm of Jackson.
Lawton & Massinger, were secured
an interest, with him in tite prosecu
tion, which contract had been enter
ed on tho minutes of the Executive
Department, on tin'liull of Novem
ber before. The investigation of
this matter brought to my knowl
edge the fact that, you had not en
dorsed upon the original papers con
taining tiie contract made with Bul
lock the contract which you your
self had subsequently tnarlo
with us. This fact, and the appre
hension that some complication
might result from the Baugh Jack
son contract, induced me to call im
mediately ou Colonel Baugh, who,
without hesitation, executed the pa
per, of which the following is a
copy, and which I have marked No.
G. :>
(NUMBER 1.)
“Witneesoth: Heretofore, to-wit, in
tlm year ot 188!), Geuerni A. G Garliugton
ami myself weio in partnership in ttie
practice of law in the city of Atlanta, aud
decided to present by authority of Gov.
Bullock, a claim 111 buhali of the Western
and All .ntie Railroad against the Uuited
States Government, growing out of the
possession of that road by the military
forces of the latter during and after the
conclusion of the war; and afterwards a
contract was entered into by said partner
ship with Gov. Bullock for tho pr<<seeu
tion of said claim, who agree to pay a
certain fee, and a per centage upon the
amount recovered on said claim
That after Bullock left tiie State, and
the H0n..1. Milton Smith became Govern
or, said claim was submitted to the lat
ter; Col. R A. Alston having been taken iu
by said firm as agent and attorney for
tiie prosecution of said claim upon equal
terms; that is to say, each of th-> persons
above named were to share equally in said
per centage, which was afterwards agreed
between the Governor ami said parties to
be. twenly-flve per cent upon the amount re
covered. And whereas, 1, Hubert Baugh,
have lately employed Henry It. Jucasou.
and the firm ot Jackson, Lawton & Basin
ger as attorneys to assist in the prosecu
tion of said claim at Washiuton upon cer
tain terms expressed in writing: Now,
lie it known to all parties interested, that
my agreement with said Henry R. Jack
son and the hi m above named, was not
intended to bind the interest which the
said A. G. Garliugton and K. A. Alston
have in said claim, but only the interest
1 have in the same, which, as heretofore
stated, is ouly one third of the per cent
ago of the amouut which may tie recover
ed. R. Baugh.
Atlanta, December, 1878.
in presence of W. I'. Johnson.
This paper, as appears by the fol
lowing affidavit of Col. Alston,
marked No. 2, was presented to you
by him, and the recital of tile agree
ment, which it contained was pro
nounoed bv you to bo correct aud
true. It was placed on file, and is
still on file, with rids affidavit in the
Executive Depart men l.
[NO 2 ]
|ln : State of Georgia, [
Fulton Cos unit. (
\ Personalty came before tue 71. A. Alston,
| who being duly sworn uupoaeUi audsailh
Unit Lite lotcgoing paper was exec .ted nt
I the lime ll bears dare by Ruben Baugh,
j now deceased. That alter it was * xe-
I cuu and tins dep meet took tile saute to (jriiv.
j ernor James At. Smith, who road tile stittie
| and stated to deponent ,t contain, and a tiuu
me tal ot the agreement entered into in
relation to the chum referred to, but that
it was pel hips unnecessary for such a
paper to have been executed, because the
rights of deponent and his associate, A. O.
Garlington, were already fully protected
by his (Governor Smith's) en
dorsement oil the contract entered Into
between iho said R b’tß iugb and Henry
R. Jackson. That this deponent had said
paper lilud in the executive ufiicp, where it
has since remained.
R A. ALSTON.
Sworn to before me this 2d day of May
i 877
Charles E. Harmon, N. P.
At the same time, I prepared the
paoer, ot which the following is a
copy, marked No. 3, aud presented
the same to you for your approval,
which, after being read to you, you
pronounced correct, and said that,
you would give to it your official
sanction, all or which is more partic
ularly set forth in trio affidavit which
follows it,, marked No. 4 :
[NO. 3.]
"During my term of oitico, after the fact
was brought to my notice that iny prodo
c ssor had retained Me srs. Rob’t Baugh
and A 0 Garlington, attorney’s, to pros
ecute a claim against the government of
tin) United Stales, in behalf ot the State of
Georgia, growing out of the military co
cupatlon ot the Western it Atlantic rail
road, during and alter the close of the
war, by the military forces of the United
States, I felt it my official duty to recog
nize said Robert Baugh and A. C. Garling
tou us attorneys as ioresaid, aud through
them presented a memorial to Congress
of the United States in behalf of said
claim. T hat subsequently it was represent
ed to me by said attorneys that the servisos
ot Col. R. A. Alston would no valuable in
the prosecution of sai l claim, and that he
would visit Washington on the bu-ipess,
provided it was agreeable, and the foes all
wed would be sufficient, it being proposed
that said parties would divide the fees
equally between them. . ,
That accordingly I recognized Colonel
Alston as being associated with the said
Bough uuu Garlington as attorney in the
prosecution of said claim against the gov
ernment, of the United States; aud agreed
to allow them for lheir services a contin
gent fee oi 25 per emit, upon the amount
collected in said claim.
"It Is to these attorneys that reference
is made in my approval of the cpniract
made with Henry It Jackson, and the
tirrnof I icks m, Uvwt Bisainge, with
the late Robert Baiigil, and whose rights
arc reserved in said approval."
[NO. 4 ]
The State of Georgia, )
j Fulton County. f
Personally comes before me, a Notary
Public for the county and State aforesaid,
A. C. Garlington and R. A. Alston, who
i being duly sworn, depuseth and saith:
That Urn ' memorandum or agreement
hereunto annexed in rola'ion to the em
ployment of the sdd A C. Garlington,
It. A. Alston and Robert Baugh, as attof
i Hoys and agents in tlm prosecution of
I tin* claim In-rein referred to in behalf of
j the State of Georgia against the Gover
n; meet of the Unit 'd States, contains a true
! statement of said agreement; that at the
time said agreement was entered into
‘ between Gov. James IT. Smith and the
parties above named, he, the said James
M. Smith, staled to said parti s that he
! would endorse the same upon the papers
which contained the original agre>*m a t
between Gov. Bullock and tie*said Baugh
! and Garlington; that, in the mouth of
December last, the attention of the said
Gad ngton and Alston was called to the
i fact that said endorsement had not been
| made, when the agreement hereto an
nexed wm prepared and submitted to
Gov. Smith, before tiis term of office ex
pired, who, after reading it, Stated that
'it was correct, and that he would give
it his offldal sanction in writing; that
after the said Governor Smith went out
of office, tho deponents wore surprised
to find that tho said agreement had been
tiled in the Executive office without his
signature. A. C. Oarlington,
R. A Alston.
Sworn to before me this 2d day of May,
1H77. Charles E. Harman,
Notary Public.
Upon inquiry afterwards made by
me of the clerk having charge of tiie
Executive archives, I found that, the
memorandum marked No. 3 had nor
been approved or filed by you, aud I
called your attention to the fact, and
you again stated that you would do
so, and gave as an excuse for the de
lay tho accumulation of business on
your hands. I repeated my request,
and you reiterated your promise.
On the evening before the inaugu
ration of Gov. Colquitt, I tner you at
the door of the Executive office, nnd
stated to you that I feared that, in the
press of official business yon might
omtttosign that memorandum, and
I received from you the assurance
that you would atteuil to it. l\>u
went out of office leaving this paper
on file iu the Executive Department
with the following endorsement,
made thereon, in tho handwriting of
your minute clerk:
‘'Memorandum. Claim of Statu for mil
itary occupation of \V. & A. Railroad by
the Unit*-it states Government.”
"Statement as to retaining agents.”
A few days after you went out of
office I met you again. It was on tiie
sidewalk on Marietta street, between
Peachtree and Broad streets. I ac
costed you and told you that, as I
feared, you had gone out of office
and failed to sign ihe paper in ques
tion. You replied that.you bad omit
t.od several things which ought to
have been attended to before your
term of office expired, but that you
would supply the omission us to this
memorandum.
Tho Senatorial election came on,
and shortly t hereafter, having ascer
tained that you had failed to supply
the omission referred to, as you had
promised. Col. Alston and I addressed
you a joint note.of which the follow
ing is a copy, marked No. 5:
[No. 5.]
Atlanta, February 1, 1877.
Hon J. M. Smith :
DEAR Sir—Upon inquiry wo have as
certained that the memorandum handed
to you by us before the expiration oi
your term of office as Governor, contain
ing a statement of thedacts in relation to
the connection of ourselves und the late
Robert Baugh, as attorneys and agents,
with tiie claim now pending in Congress,
in b'-half of the State of Georgia against
the Government of the United States,
which originated in the military posses
sion by the latter of the Western & Atlan
tic Railroad has been Hied in the archives
of the Executive Department without
your approval endorsed thereon.
You will remember our apprehension
was expressed to you that in the press of
pusinesa, before you went out of office,
you might overlook doing this as you
promised; and that after tiie expiration of
vonr official term the omission was
brought to your notice when you stated
that you would supply the omission.
Enclosed wo send you a copy of the
memorandum, and respectfully request
that you certify in such form as you deem
nest to the truth of the facts therein set
forth and transmit the same to us to he
used by 11s if the necessity therefor should
arise, which we hope will not tie the case.
Very respectfully,
A. G. G ARLINGTON,
R. A. Alston.
Upon your failure to answer the
foregoing, a few days thereafter 1
handed you the note of which the
following is a copy, marked No. fi:
[NO. CJ
Atlanta, February, 1877.
Hon. J M. Smith, Atlanta, Ga.:
Dear &ik —Under date of the Ist inst.,
we addressed you a joint note in relation
to the memorandum in writing which we
submitted to you before your term of
office expired as Governor, and which you
verbally approved, in relation to our em
ployment as attorneys and agents in the
prosecution of the claim now pending in
Congress against the Government ot the
United States ill behalf of the State of
Georgia, growing out of the military oc
cupation of the Western A Atlantic Rail
road by the former, and enclosed to you a
copy of said memorandum, requesting
you to certify to the facts therein staled,
and transmit the same to us to be used as
indicated in our note. To this nuto wo
have received no answer. As wo cannot
perceive any grounds upon whieh you can
decline to comply with our request,, we
beg to call your attention again to this
matter, and to repeat the request made
by us in the note to which we have re
lum'd. Very respectfully, yours,
A. <J. Garlington,
R. A. Alston.
A dny or two afterwards you ap
proached me in one of the corridors
of the capitol, and taking me aside
slated to me that you had received
the notes referred to, aud that your
only reason for not answering them
and complying with the request made
of you was that, you did not desire to
have auy communication with Gov.
Colquitt. And in answer to a direct
inquiry, you said that you did not ob
ject to anything, contained in the
memorandum - that it was correct.
These statements I affirm to be true,
and you cannot deny them. I may
add that I sought one more interview
with vou on this subject after the
claim had passed aud just before you
left for the Hot Springs, and which
took place at tbo corner of Broad
and Marietta streets, near my office.
In that interview you still alleged
as your reason for signing the memo
randum referred to the sole ground
that you did not wish to have aoy
business transactions with Gov. Col
quitt, and indulged in abusive epi
thets against him, which it is unne
cessary to repeat. In that interview
you also stated thut Gov. Colquitt
had gone back upon you about fees
which you had agreed to pay attor
neys, which fact may reflect some
light upon your subsequent conduct.
I have now stated all the material
facts in relation to the matter in
hand, and they are amply sufficient
to present the truth us it is, not as
you have presented it. I shall not
attempt to follow you through the
mazes of the sophistrical argument
which you have offered to sustain
your course. But before closing, I
will notice briefly some of the points
you make, first calling attention to
the positive proof of the contract un
der discussion. Alston and I have
ma le our statement on oath iu rela
tion to this contract.
In addition to this evidence the
statement of Col. Baugh is to the
i same effect. His paper was filed in
i the Executive Departmentand is now
on file there. We refer to the paper
marked No 1. It is a plain, positive,
and unequivocal statement of the
contract made with you at the time
referred to in my statement. The
statement was made in his last sick
! ness, aud a few days only before his
I death, and its contents therefore
i may bo taken as his dying declara
tions on this subject. He says that
“each of the persons above named
(meaning Banah, Oarlington and Al
ston) were to share equally in said per
j ventage, which was afterwards agreed
j between the Governor and said parties
\to be twenty five per cent, upon the
\ amount received." Gun language be
pluiuer than this? This paper was
executed before any question had
been raised about tho per centage
agreed on, or about the contract in
uny way; and was given ouly for tho
purpose of explaining tho contruct
with Gen. Jackson.
This paper of Col. Baugh was by
you read und filed iu the records of
the executive department without a
single accompanying word of pro
test, explanation or dissent, express
or implied. It was thus accepted bv
you us your official understanding of
the contract. It was by you permit
ted to remain on file undented while
you were Governor. And you went
out of office letting that explicit,
positive, witnessed paper remain as
your official exposition of the con
truct. It was on file undissented
from wliilo you were Governor, and
after you ceased to be Governor, until
tho date of your letter. You left not
a single word on file in the executive
records to show that you did not
sanction this paper. Suppose that
this paper had really contained an
interpretation of the contract, not
authorized or sanctioned by you, is it
to be supposed for a moment that
you would thus have permitted it to
remain as an office paper of solemn
authority, representing your own,
official interpretation of theeontract.
Establish this fact, and you stand
self-convictedofan inexcusable negli
gence iu protectingGeorgia’sinteresf.
Do you. Gov. Smith, expect the people
of Georgia to believe that you object
to this version of the contract in view
of the facts first mentioned, and in
viaw of the further fact that your at
tention was since called to it by two
written communications from us,
which you acknowledged receiving,
and by numerous verbal statements
in personal interviews? Under all
the circumstances, this Baugh paper
s anils as a record, and has the force
of irresistible, incontrovertible proof
of the contract you made with us.
Your want of “recollection of the
facts” is impotent to assail it or break
it down. Even though uncorrobora
ted, it would be sufficient proof; but
corroborated us it is by otiier facts
and circumstances, and by the inter
nal evidence whicli springs out of
this whole transaction, it is simply
overwhelming.
The following is the proposition to
establish which you have brought to
bear all your energy and ingenuity.
You sav:
"According to my understanding, the
agents wore to bo entitled to claim an in
crease of the contingent fee specified iu
the Bullock contract, not to axceed 25 per
cent.; but the increase was to l> ascer
tained with reference to the service ren
dered and the amouut collected.”
The slightest consideration is suffi
cient, to show the absurdity of your
position with reference to this per
centage being an uncertain one. By
the Bullock contract Baugh and Gar
lington were entitled to an absolute
and unconditional fee of 12£ per cent.;
that is to say, fij per cent, each main
the amount finally recovered on the
claim. Is it reasonable to suppose
that they would surrender without a
consideration this fixed Tier centage
fur a per pontage to be determined
b V an estimate afterwards to bo
placed upon the value of their ser
vices? By letting Alston into the
contract, these separate interests
were raised from (ij to only 8j Tier
cent., and you would have the com
munity believe that, tiie latter per
centage was only a limitation of the
fee to be allowed while the former
was, under the Bullock contract, an
absolute, unconditional fee. The
proposition bears absurdity on
its very face. But your en
dorsement on tiie Baugh-Jackson
contract clearly shows thai you had
agreed to pay Baugh, Garlington and
Alstou an unconditional fee of 25 per
cent, upon the amount recovered. It
is in these words: “The above con
tract and agreement is approved and
the compensation to be paid to all
agents by the State is not to exceed
25 per cent, of the amount collected
upon the claim.”
What is the obvious meaning of
these words? Simply this: “I, J. M.
Smith, Governor, have agreed to al
low the parties already employed in
the prosecution of this claim, 25 per
cent., and in approving tills contract
to employ other attorneys I do not
thereby intend that they shall have
any additional compensation above
the 25 jier cent.” What other con
stitution can possibly be placed up
on this endorsement?
As further internal evidence to
show that your “ recollection ” of facts
is not to be relied on, why did you
not return the memorandum of the
coutract wiiicti I myseir handed you
disapproved, either verbally or in
writing? Why did you have it fill'd,
if it contained a false or incorrect
statement ef the contract?
You say, further, that the coutract
was not entered upon the minutes of
the Executive Department. Whose
business was that? Certainly yours.
But I would ask you how many of
the contracts which you made with
attorneys to serve the State profes
sionally, during your term of office,
were entered upon the minutes? I
venture to say not one except the
Baugh-Jackson contract. I repeat
that this contruot with Baugh and
Jackson is the most complete writ
ten contract on file in the Executive
office during your administration,
and is I urn satisfied,the only written
contract on file in your office made
with any attorney by you, as Gov
ernor, during your term of office;
and yet you have the hardihood to
assert that the contract in this cuse
was not perfected because it was not
eutered on the minutes; because that
was not done which you, as Govern
or, never had done in any other in
stance. If, as you allege, the pay
ment. of fees in this case was wrong
because the contract was not entered
on the minutes, then every payment
of fees during your administration is
wrong.
Again, Governor, the fact that you
did not answer the two notes which
were addressed to you by Alstou aud
myself, requesting you to sign the
enclosed memorandum (No. 2). arid
deny the truth of their contents, is
convincing proof that you could not
truthfully do so, and amounts to an
admission on your part that the state
ment of facts they contain is rrue. If
the memorandum that the first note
contained was not a true statement
of the contract, why did you not an
swer the note, and so state? You
did not do so because you knew the
statement to be true.
[continued on third page.J
NO. 134