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THE ATLANTA WEEKLY EXAMINER.
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JOHN H. STEELE, ) r .
CHAS. L. BARBOUR, f L Edltorß '
VOLUME 11.
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THURSDAY, MARCH 13, 1856.
For the Inner Man.
We dropped in upon our friends Lamar, Lowe
& Co., yesterday and saw a large and beautiful
lot of new Bacon, which they have just received
and congratulating ourselves that there was no
immediate danger of a famine in the land, con’
eluded to call the attention of heads of families
to the choice lot advertised by our friends.—
Go ye and buy with money, but at a low price-
A Handsome Present.
We have to acknowledge our obligations to
Messrs Herring & Son, for a handsome Vest,
presented by them, from their superior stock
of clothing just received. For this attention
we beg they will accept our grateful acknowl
edgements, both for the intrinsic value of the
handsome garment, and the kindly spirit which
prompted the present.
We have examined their stock, and, profess
ing, as we do, to be judges in such matters,
do not hesitate to pronounce it complete in al’
its departments, and reflecting much credit
upon the taste of the Junior member of the
firm, who made the selections Call and see
them.
A Long Desired Invention.
The difficulty experienced by marble work
men in sawing obelisks, has long been a source
of complaint with them. The present pro
cess is tedious and requiring considerable care,
the workmen being compelled to adjust the un
shapen b ock for each of the four sides of his
work. This difficulty has been obviated by an
ingenious gentleman of this city, Mr. W. C.
Houohtox, who has left with us a model of his
invention lor sawing two sides of two obelisks,
and one side of two others, a desideratim which ‘
will be eagerly sought by every manufacturer ;
of marble in the country. The saws are ingc- ;
niously arranged so as to give them a certain
and accurate motion, and there is no doubt it 1
will do ths. work designed. We learn from Mr. I
Houghton that he has taken steps to secure a ;
patent for his invention, and consequently re- i
frain from a detailed description until it is so- j
cured. This much we will say, however, the '
saws cuuuot fail to do-the work, and can beset ■
•> at a comparatively small expense, are dura-
-, of simple construction, and can be readily
repaired by any one at all familiar with tools.
The working model may be seen at our office a
few days, by all interested in the invention. I
Vfe wish Mr. Houghton success with his truly ■
valuable invention.
—— -
The mother of Governor Andrew John ;
w u, of Tennessee. died at Greenville in that •
State- ou tto February.
THE CHEAPEST POLITICAL AND NEWS PAPER IN THE SOUTH—A WEEKLY FIRESIDE COMPANION FOR ONLY ONE DOLLAR A YEAR, IN ADVANCE.
REPORT
Os the Special Committee of Examination into the con
: dition and management of the W. fc A. Rail-Road.
I The joint special committee to whom was
i referred the ‘Finances, Equipment and Man
agement generally’ of the Western & Atlantic
Railroad, beg leave to
REPORT:
That in pursuance of the instructions of the
joint resolution which was adopted in the Sen
ate the 17th of December last, directing us ‘to
proceed to the Western and Atlantic Railroad,
and make a through examination of said Road,
! its finances, its equipment and general manage
) me .t, and all other matters appertaining to said
‘ Road of interest to the State.’ We organized
as a committee in the city of Atlanta, on the
i 6th of January last, aud proceeded at once
i upon the investigation of the affairs of the State
Road. After a full and satisfactory examina
tion of the several offices connoted with this
great interest, which are in Atlanta, we came
to the unanimous conclusion that these offices
were models of system, aud that those in charge
of them bestowed a highly commendable atten
i tion to their several departments. We also
gave a minute investigation into the condition
of the ‘State Shop/ in which the repairs and
constructio necessary to the road are carried
on ; and we take great pleasury in bearing our
testimony t» the laborious and efficient conduct
of tliis most important branch of the State
Road interest.
We regretted to see, however, that we had
suffered from those inevitable casuali
ties which must beful similar interests, and
against which no prudence or skill can guard.
Serious accidents, much more frequent than
ever before, have occurred to the motive pow
er of most of the Roads of the country generally
and we have not been exempt from our share
of this loss. But we are pleased to be able to
state that report has greatly exaggerated the
amount of these damages to our engines, and
that the most of them will be speedily re
paired and at a comparatively small expense.—
In regard to what is denominated rolling
stock, including box-, platform and stock cars,
we have to say that we consider the present
number as .nadequate to the requirements of
the road. But having duly considered the dif
ficulty of obtaining cars as fast as the road de
manded,and taking into consideration the num
ber added since the last report of the Superin
tendent, we find no cause of complaint. About
sixty five new first class cars have already been
added to our previous stock since that report,
ami with the supply of about six per month,
which are turned out from the Penitentiary and
several more from other quarters, we will soon
find our rolling stock fully equal to the demands
of freight pressing now so heavily upon the re
sources of our road.
Your committee being furnished with a spe
cial train, next proceeded upon their examin
ation of the Road bed and the general condi
tion of the track. This wc found, all things
considered, in fine condition. A small portion
of the road between Resaca and Tilton was
not in such good condition, owing to the sus
pension of the necessary repairs, which the un
usual rigor of the winter had interrupted. Soon
the heavy Trail, which was purchased last
spring, will be laid down, giving us a most su
perior truck from here to Dalton. We cannot
dismiss tliis part of our subject without urging
the Legislature to lake into consideration the
necessity of laying the entire length of track
with heavy T rail. The immense freights now
passing over the Western and Atlantic Rail
road, many days demanding 16 trains up and
down per day, make it a matter of great conse
quence that the light flange bar from Dalton
to Chattanooga should be replaced with heavy
rail. We would then be able to show a road,
including bed, rail and drainage that would
compare favorably with the very best roads in
our land.
At the depot in Chattanooga we found a
neatness, system and energy in the business
which elicited our hearty approval. After
bestowing that attention along the line of the
road, to the duties of the mission, which could
be only bestowed by our presence upon the
spot, we adjourned to meet at this place, that
wc might give a more detailed investigation
into such matters of interest to the State as
might present themselves in connection with
this great interest. We cannot give a more
satisfactory view of the scope and nature of
our investigations than by reciting the resolu
tions adopted in committee that shaped our
proceedings:
“Whereas, it has been repeated and distinctly
charged that the management of the Western
and Atlantic railroad, for and during the past
year has been characterized by numerous acts
of political favoritism, and that the said road
has thereby been made an engine of political
power, devoted to the subservience of political
purposes, greatly to the detriment of the inte
rest and honor of the State; and whereas, it
lias been specifically alleged that the rates of
freight established to and from Etowah depot,
where in violation of law, that higher rates of
freights have been demanded mid collected of
the political party out of power than was asked
of the party in power, (both being on the same
or similar missions where these respective but
different rates were charged anil collected)
which distinction between parties on account
of political opinion, was unjust, odious and
plainly infractive < f law ; and whereas, specie
had lieen transported over the road free of
charge in one instance, and taxed with freight
in another, which distinction evinces partiality,
disregards and breaks the law; and whereas,
full fares have been demanded and collected of
a railroad agent, known and recognized as such
and iu other cases railroad agents on precisely
the same footing, have been passed free, which
distinction was made on account of the politi
cal opinions of said railroad agent, nothing to
the contrary having been shown, or is it possi-1
ble to be shown ; and whereas, all these acts of
favoritism, partiality and injustice, together
with the general want of a judicious economy
arguc and demonstrate a decided want of some,
thing—either firmness or produce or capacity
on the part of the Superintendant of said Road,
or his superiors in office, and whereas, the peo
ple of all parties, who are the stockholders iu
said road, absolutely demanded an investiga
tion of all matters pertaining ty said road,.and
whereas, in the language of the resolutiens ap
pointing this committee, it is their duty and
privilege "to examine into and report upon the;
finances, equipment and management gene.ally,
and upon all other matters pertaining to said
road of interest to the State. Be it there
fore.
Resolved, That this committee do now pro
ceed to the plain duty required of them as indi
cated in the above quoted resolution, which in
the opinion of this committee, required the in
vestigation of the above charges, witn a view i
finally to pronounce and dispose of them, either;
as humiliating truths or discreditable falsehoods. |
Aud that wa might give full effect to the en-1
quiries embraced in the foregoing, we adopt |
the folloing resolution:
Resolved, That Col. T. U. Howard, onr
secretary. furnish Gov.'Johns, n and James F. I
Cooper, Superintendant of the Western and At
lantic Road, each with a copy of this preamble
and resolution, with a request that they furnish
this committee with full information of all the
facts connected with the matters referred to in
the jr.ainble.
In response to this request, the Governor and
i Superintendent returned the following answers
marked A and B, which we ask the privilege
ATLANTA, GEORGIA. THURSDAY MORNING, MARCH 13, 18.56.
' of having read at your desk as part of this re
i port. As these replies are full and to the point.
| much more so than any comment we could make
upon them, and as no additional or countervail
ing testimony came before us, we therefore,
deem it unnecessary to remark further upon the
specifications embraced in them than to pro
nounce them unfounded from the lights here
before us. And as we feel bound under the
instructions cf the resolution above recited,
which we adopt as a guide in this investigation,
thus to express ourselves, we will further adopt
the language of that resolution and say that
having pronounced upon these charges, we hope
they have been finally disposed of.
Under special instructions from the House
of Representatives, we have carefully considered
the policy of favoring, way local freights, and
giving precedence over through or external
freights. Whatever may be said of this as a
theoretical proposition, however specious and
popular it may be as a protective, domestic
policy, it would prove in its practical appli
cation, a serious injury to a great work like the
Western and Atlantic railroad, forming only a
part of a grand system, and itself only a depen
dency. Unless you first disregard or reverse
the fundamental purpose kept steadily in view
in the projection of the State Road, and main
tained till now, your road must not be consid
ered private State property, devoted to the pe
culiar wants aud conveniences of our own peo
ple, but we must regard it as an integral por
tion of a chain of communication that cannot
be severed, monopolized or misappropriated,
without great loss to the State, and by impli
cation, without bad faith to the public. While
we admit that it is wise and just that our own
people living along the line of our road, and re
sorting to it for the transportation of their
marketable produce should not be discriminated
against, we are yet fully persuaded that they
should not have discriminations made in their
favor. If any of our resident citizens who are
freighters upon our Road, have complained that
the present rates are hard and unnecessarily
burthensome, it has not been brought to our
knowledge. It is true that we have heard that
complaints are not unfrequent that in compari
son with through freights, the way freights,
were too high, and again that the charges from
station to station were not strictly equitable and
proportioned to the distance. In the first place,
can we set down to assess charges upon stran
gers who have a perfect freedom of electing be
tween us and others as their carriers, and allow
ourselves the same latitude as we may do and
very justly, when we are adjusting a tariff re
lieved from the pressure of external competi
tion?
Suppose (which we admit) that the charges
upon produce from Chattanooga to Atlanta are
relatively lower than they would be from Dal
ton or any other point on the road to Atlanta.
Before we can determine if this be injudicious
or reprehensible we must first know if the char
ges on way are freights reasonable aud just. If
they are, there is no individual oppressed or his
industry deprived of the smallest fraction of
what should justly be returned to it. While it
may be said iu justification of the difference be
tween through aud way freight, that but fbr
this difference the through freights would never
be offered. You are often compelled, in the
face of strong competition, to narrow the mar
gin of profit derivable from the carrying busi
ness, or have no business to do. Then again
to the freighter, it is often a question between
no market at all, or very moderate charges for
freight. We need not enlarge further upon the
utter impossibility of reconciling the doctrine
of equable and proportionable charges on freight,
with the interests of our Road, than to call at
tention to the fact that the cost of loading of a
train of cars is precisely the same whether the
freight charge be for one mile or 138. It is for
this reason, among others, as well as the prohib
itory effect of a tariff of charges adjusted upon
a scale of mites or half-miles, that has given
rise to the universal practice on Railroads of
making a difference in favor of great distances
over short ones, in charges.
But we will present another view. Suppose
the policy should be adopted upon the We. tern
& Atlantic Railroad, of deferring through
freights to way freights, and that the sur
charged stream should be checked at Chatta
nooga, what would be the effect upon the value
and the earning of the Road. We believe the
result Wonld be so disastrous as to destroy the
money value of the road at a blow. For the
year 1854, the value of way freights on the
Western & Atlantic Railroad, in round num
bers, §98,000, while the through freights were
§394,000. Now let it be understood that we
will consent to take the produce of those who
live beyond our limits when it suits our con
venience—when no citizen of Georgia is to be
placed in any incovenience by it, and in short
w hen we have nothing else to do, and how long
would our road be the favored channel of trans
portation ; and more important still, what ac
count in the next twelve months would be able
to give of these §394,000 for way freights ?
Your committee are happy to state that when
the ten first-class engines now ordered, shall be
placed apon the road, with the full equipment
of cars which we will have secured in a few
months more, then we will hear, we are sanguine,
no further complaints of delay in the removal
of all that shippers on the line of the Road may
have to offer. That complaints on this score
are well founded, we have doubt is true, and
the delay in shipments have been made from a
want of stock.
Your committee will not trespass further on
the patience of this House than to offer one ad
ditional argument against the policy of discrim
ipa’ing against local freights. More than at any
other period since the completion of the Western
<V Atlantic Railroad, would the present be an
unfortunate time to resort to an invidious meas
ure in the administration of the affairs of the
State Road. Whatever wa may say of the pur
pose of our Legislature in selecting the upper
portion of the State as the location of a vast and
beneficent expenditure of money-however cogent
may be our reasonings to prove that in the orig
inal conception of that work, no special favorit
ism was intended to that section, and however
convincing the evidence, that since its completion
no special or exclusive privileges have ii sured o
Cherokee Georgia. Yet will no man assume
that there has not been a vast incidental benefit
to that section resulting from this expenditure by ■
the State. This, we should think, would be an j
ample compensation, even for taxaitouin freights
that vvasadmitteil to be appreciable; especially a-,
the advantage at last went to the commonweal i
But what would the tax-pay er of Middle Eastern I
Western and Southern Georgia say—what would
he not be excusable in saying, were he to see the
brilliant prospects of our great State work sacri
ficed, and sacrificed for the exclusive benefit of
a single section! Would not the reflection be
still more bitter when it was remembered that
this vast work, with all the expense and anxiety
which it has caused us all, first and last, was a
charge upon the whole State, a .d can only be a
public and a general benefit w_en impartially ad
ministered! The public discontent would be
great, we feel assured, were we to induce a dis
trust that an interest like the Western A Atlan
tic Rail-road, though built up by a common treas
ure. was to be used for partial and seetional inter- ,
i est. Wc have good reason to fear that should our
policy in the management of the State R ad en
gender this suspicion, that it would become an
bject of disgust rather than pride, and so far
from bei .g a source of prefit it would eventually
be a tax. We therefore give our unqualified ap
probation of the principle upon which the pres
ent tariff list of the Stats Road is adjusted and
think that it would Le impolitic, ungenerous,
anstto discruainaw ia favor of way freights.
I Wc, in the progress of our investigation,
> have had before us the memorial of Mr. (.'• W.
! Howard, of Cass, iu relation to the turn-out at
I hit lime kilns. This gentleman complains that
• this turn-out has been removed arbitrarily and
; to the detriment of his interests aud the interests
[of the public. It is first proper to state that
: nothing has come to the knowledge of your
1 committee in relation to this privilege of a turn
| out, which authorises us to conclude that it was
, a right and not merely a matter of favor. There
I have been instances in which the convenience
of turn-outs have been granted for a valuable
consideration, but in the instance of Mr. How
ard's sideing, this is not the case. As to the
I motives aud reasons for the removal of the turn
j out at Mr. Howard's kilns, we are fully persu
aded that the Superintendent acted under a
sense of duty. Accidents, and of a serious na
ture/have occurred at this switch, and let the
blame of their occurrence rest where it may,
the State and the public should not, without
the weightiest reasons, be subjected to this lia
bility; and we are fully persuaded that in all
cases there is an appreciable extra risk in pass
ing trains over a track in which these sideings
are multiplied, if the schedule time is not to be
made regularly. In the particular instance re
ferred to, we confess we cannot see the hard
ship. Mr. Howard’s kilns are not farther than
a mile and a half from the Kingston depot,
where, at the expense of the State, ample and
safe storage has been provided for lime. Be
sides this, at a regular station, a freighter may
always depend with more confidence in obtain
ing regular transportation than he can in the
very nature of things, realize between stations.
In illustration of this fact, it may be stated
that the books of the Road show that Mr. How
ard’s recent shipments confirm this opinion.—
The transportation of lime a distance of less
than two miles, we do not think a grievance or
a reason why prices of tliis article should be
enhanced to the consumer to any injurious ex
tent. We therefore give it as our opinion tha
it is and not consistent with the
interest of the State Road or of the public, that
this turn-out should be replaced, or that others
should be laid down at other points mid sta
tions.
But upon another question affecting the in
terest of all lime-burners in the State; your
committee are pleased to say that they have
agreed heart ily to recommend a reduction in
the tariff of freights so far as lime and indeed
every other lowest point possible. The limit,
we think, should be that point just short of
positive loss; but at the same time, wc think the
interest of the Road should be consulted by
making arrangements for the transportation of
lime at these reduced rates for agricultural pur
poses, only at such seasons as will be best ac
commodated to more pressing and more remun
erating freights.
In process of time, the richest lands penetra
ted by our Road, as well as those more distant
which are tributary to it, will be denuded of
their fatness. And it would be hard for the
practical or political economist, to name that
subject which more broadly underlies the great,
est good of our country, than the renovation
of our exhausted soil. To us it is a matter of
surprise as well as deep concern, to see how
indifferently the subject of cheap transporta
tion of fertilizers has been regarded by our
Rai.road authorities. Nothing, to our minds,
can be clearer than the reciprocity of this poli
cy; for the road that will carry a bushel of lime
at remunerating rates, to the field of the farmer
will receive in return a bushel of wheat, and for
an indefinite period. But the policy heretofore
pursued, in reference to this subject, has been
an extremely unfriendly one, and it is demon
strable by figures that, but for this, millions
might have been added to the production of our
State, with increased benefit to all parties, and
at the expense of no one interest. It is vain to
urge, as has been done, that upper and middle
Georgia will alone be benefited by a reduction
of freights on lime. The very least there can
be said in favor of the policy, is, that the bene
fits resulting w.i be restricted. So as far as it
goes, all admit that good is done, and will not
argue the point to prove that partial good shall
not be conferred upon a section because nil
cannot get the direct avails of it.
But it is self-evident that every citizen of
Georgia will be a recipient directly or cir
cuitously oftheadvautageresolutingfrom cheap
manures. In dismissing this subject, we ex
press our cordial conctirance with tne views en
tertained by his Excellency the Governor, upon
this head, and commend them to the consider
cration of this body. In conclusion we beg
leave to say, that after a careful and impartial
investigation, we feel bound to report that we
find order, economy, unboundrd energy ami
strict-fidelity control ing throughout every de
partment of the Western & Atlantic Rail road
And we fee-1 confident that could the partp out
of power in the State Administration always
feel assured that they enjoy and equal chance
for overseeing and scrutinizing the manage
ment of the Road, that this interest would be
the cherished pet of all parties in Georgia
How far would it go in giving quite and con
fidence to the public mind were we to institute
a Board composed of the majority parties, for
the purpose of investigating the affairs of the
State Road and reporting semi-annually there
on, it would perhaps be a matter of importance
to enquire; but of one thing we may be assured
—that the present condition of this werk—its
splendid future—its marked aud radical influ
ence upon the material and social interests of
our beloved common wealth, makes it a guiding
light for the councils of the State in further
attempts for our improvement, and an imperish
able rememberance of the wisdom and patriot
ism of the men who suggested "and sustained
the enterprise.
All of which isrespeefully'submitted. Signed.
C. MURPHY.
RICH D SIMS.
GEO. I). PHILLIPS.
W. B. TERHUNE.
[A.]
Executive Chamber, i
Milledgeville, Ga., Feb. 2d. 1856. {
To the Joint Special Committee on the Finan- [
ces. Equipments a:d management generally ■
of the Western and Atlantic Railroad. j
Gentlemen :—Through Col. Thos. C. How
ard. your Secretary. I have received your pre- ’
amble and resolut’ons addressed to me. for in- I
formation touching certain rnmors which you !
deem it your duty to investigate. I cheerfully '■
comply with your request.
U pon a close examination of the preamble. !
the following is its analysis, to-wit :
The general allegation is. “That it has been |
repeated and distinctly charged that the man
agement of t*-e Western and Atlantic Rail read;
for. and during the past year, has been cbaroc- j
terized by numerous acts of political favoritism,
and that the said road has. thereby, been made
an engine of political power, devoted to the
subserviency of political purposes- greatly to the
detriment of the interest an 1 honor of the State."
The specifications to support this geu<:ral
charge are the following to wit:
1. —lt has been specifically all- ged that the
rates of freight established to and from Etowah
Depot were in vic lation of law.’,
2. “That higher rates of freight have been
d.manded and collected from the political party
| out of power, than were asked of the party in I
; power (both being on the same or similar mis
sion, when these respective, but different rates
of freight were charged and collected.) which
distinction between parties, on account of polit
, j ical opinion was unjust, odious anil plainly in
. | fractive o! law.”
i 3. ‘’That specie h: s been transported over the
:! Roau free of charge, in one instance and taxed
1 1 with freight in another, which distinction evin
-1 ccs partiality, disregards and breaks the law.”
4. ‘‘That full fares have been demanded and
• collected ot a Rail-road Agent, known and rc
i cognised as such, and in other cases, Rail road
; Agents on precisely the same footing, have been
■ passed free, which distinction was wade on ac
- count of the political opinions of said Rail-road
: Agent, nothing to the contrary having been
shown, oris possible to be shown.”
■ 5. “A general want of judicious economy”
, which together with the foregoing,“argues and
. demonstrates a decided want of something, ei
ther firmness, or prudence, or capacity on the
. part of the Superintendent of said Road, or his
superiors in office.”
In reference to the general allegation, it is,
perhaps, not necessary to make a single obser
vation, since its truth must depend upon the
substantiation of the various specifications on
which it is founded. Still, it is appropriate, in
this connection, to remark, that it is a great
mistake, to suppose that the Western and At
lantic Railroad can be made an efficient engine
of political power. It is, and always must be
under its present organization, an incubus upon
the party in power. For manage it as you
.nay, in the appointments to office, you will
make ten malcontents, to where you give satis
faction to one ; and the general conduct of the
Road is the subject of close, unceasing aud, in
the main, unscrupulous criticism, by the party
out of power- It is easy to raise false clamors
and excite popular prejudice and suspicion, by,
vague and general charge of mismanagement
extravagrance and peculation ; and when once
put in motion, during an excited political can
vass, it ia almost impossible to arrest them or
counteract their influence on the ballot-cox.
I speak what Ido know; and if I may be par
doned for the allusion, my own personal ex
perience demonstates the truth of what I have
said. No public man was ever more bitterly
and unjustly assailed for supposed mal-admin- j
istration of the Western & Atlantic Railroad ;I
and so far from its being an element of strength,
l.feel quite satisfied, that it was an element of
weakness. Our assail-nts felt th it it was so, or
the country would not have been inundated
with such a floed of falsehoods.
In reference to this general allcgatian, I may
bepermittid another abservation. It avers,
that the Road lias been prostituted to the pur
pose therein indicated, -‘grossly to the di-ter
ment of the interest and honor of the .State.”
I respectfully ask what interest of the State
has suffered ? Can it be shown that the Road
every yielded more money—that it was evi r
better officered—that it was ever managed wit
mo e regularity, in the running of its trains, or
more punctuality on the part of its numerous
agents ? It has promptly met all ts liabilities;
it lias anticipated and paid §IOB, 500 of its
Bonded debt and in addition.lurned over to the
Treasury §105.000. All this, with the excep
tion Os §50.000, which were paid into the 'l’reas
ury in 1854, has been done within the last year,
the very period <»f time, in which it is alledged,
that the interest and honor of the State have
suffered detriment.
Dismissing the general allegation, I approach
the specifications.
1. It is assert. J, that the rates of-freight, es-1
tablished to and from Etowah Depot, were in :
violation of law. It might be for me to
meet this charge with a simple tfiid unequivo
cal negation. The assertion is wholly untrue,
in point of fact. The rates of freight at that
depot are precisely what they were, under the
administration of my immediate predecessor, as
I found them, when I came into the Executive
office. Did any one charge then, that they
were in violation of law? The last General I
Assembly, by an appropriate committee, exam- i
ined into the affaire of the Western & Atlantic I
Railroad, and yet there was not a syllable of
complaint on this score. This is some evidence |
that they, at least, did not consider those rates
violative of law.
But let ns look to the law. In the acts of
1851-'52 page 111 and in the 3rd section of an I
•'act for the government and management of
the Western and Atlantic Railroad.” approved j
January 15th, 1852,1 find the following lan
guage : “It shall be his (the Superintendent's)
duty by and with the consent of ti e Gover
nor to establish rates of freight and passage,
and to make.all necessary arrangements respect
ing such rates with other roads.” This lan
guage is br. ad and comprehensive, and confers
upon the Superintendent and Executive all the
power over the subject, which the Legislature
itself might exercise, subject to a single restric
tion which is contained in the oath of the Su
perintendent, in the latter part of the Section,
in the following words : “that in the discharge
of my deties, I will neither make or permit to
be made, any discrimination, in favor of or
against any Rail-road Company in this State,
or other persons or parties having business con
nections with cr relations to the Western and
Atlantic Railroad.” Unless therefore, the rates
of freight at Etowah Depot, are contrary to
this restriction, they are not in violation of the
law. This brings me to the consideration of
what I suppose to be the point in first specifi
cation.
When I came into office. I found certain es
tablished rates of freight to Etowah, on coal,
wheat and iron. It is not necessary to specify
these rates, as I desire to discuss the principle
and policy involved. In the early part of the
Summer of 1854, the present Superintendent,
increased these rates about 25 per cent. The
change was made without consultation with me.
In other w:rds. to use the language of the law,
not, "by and with the consent of the Governor."
I mention this, not to reflect upon that officer;
for I have no doubt he ac.cd iu good faith.—
But as a part of my justification, for the direc
tion which I subsequenty gave for the restora
tion of the rates, as established by Mr. George
Yongc. I did give that direction and there ore
if error was committed. 1 am responsible for it.
The question then, is, was that direction contra
ry to the restrictions contained in that portion
of the Superintendent’s oath whi;-h is above
quoted ? The question is easily solved. As it
was not a regulation in relation to any Railroad
Company in the State, it was not a violation of
the first restriction in the oath. Then was it a
discrimination for or against persons or par
ties having business connections with or rela
tions to the Western aud Atlantic Railroad ?’’
It certainly was not. because the restoration of
former rates, applied equally to all persons ship
ping to and from that point, each deriving a ben
efit precisely in proportion to the magnitude of
bis business. There was no partiality—no dis
crimination for or against-person or parties. ”
and ccnsequ ntly. no violation of the law.
Now for the reason of the change of freights
back to those establish by Mr. Y'onge.
The General Assembly, by joint re- Inti >n.
approved January 25th. 1852,? decian-J -tl u
the Iron interest in Georgia is one of much value
to the State, aud deserves the habitual regard of
the pc. pic. That the Governor be. and he is
hereby requested to give such direction to th
operatiors of the Stat<- Road, iu its transporta
tion department, as will =ustain the Iren busi
ness and the Coal tra 1.. That the Snperintt n
dent of the Western and Atlantic Railroad
hereby authorised to rcakc such contracts for
■he supply of iron for said Road, he may think
best calculated to the advance the interests of
the Road aud the prosperity of the State, aud
to negotiate such terms as he may 'deem expe
dient'tharefor.’ (
Hence, so far as the rates of frieght on Coal
aud Iron arc concerned, I not only show, that
they arc not contrary to law, but in accordance
with the will of the Legislature as shadowed
| forth in this resolution.
■ It has been argued, I know, that this resolu
j tion only requests, that “such direction’’ be giv
[ en “to the operations of the Road, in its trans
portation department, as will sustain the Iron
business and the Coal trade,” and that the es
tablishment of rates of freight, does not fall
within the “transportation department." This
is the merest quibbling, and unworthy tlfe pa
triotism which gave birth to the resolution un
der consideration. What is the expressed in
tention of the Legislature ? It is to “sustain
the Iron business and the Coal trade” and there
fore, it is my duty to give it such construction,
as will execute that intention. But how could
this be done by the mere operations alone of
the “transportation department?’’ What though
the trains should be run according to a schedule
arranged by the manufacturer himself ? What
though the whole op- rations of the Road should
be at his bidding ? Ah would avail him noth
ing. if them freight on the should be ruinous and
on iron so high, as to operate as a protection
to manufacturers of distant States, lienee. I
conclude, that as sensible men, the Legislature
really intended to devolve upon the Executive
and Superintendent the duty of fostering the
Iron and Coal interests, so far as that object
could be accomplished by the agency of the
Western and Atlantic Railroad,
Now as to the rate of freight on Wheat and
Flour from Etowah Depot. I have shown, by
looking to the act of 1851-’52, that the restor
ation of Mr. Yonge’s rates at Etowah were not
in violation of law. I will now state the rea
son why wheat to and flour from Etowah, were
placed iu the same category with coal to and
iron from that Depot. I was governed by pre
cisely the same policy which prompted the Leg
islature to adopt the resolution above quoted.
They intended to foster the coal and iron iuter
terest, for high State considerations ; and for
j reasons equally important to the public welfare,
i I intended to foster the manufacture of wheat
| into flour within our own State. It is well
known, and we are all proud of the fact that
the region of the State, through which th 8
great Railroad passes, is unsurpassed in fertili
ty and pecliarly adapted to the production of
wheat. Its resources, in this particular, are
just budding into development. It is a fact
equally well known, that this same section of
country abounds with unlimited waterpower,
inviting enterprise and capital to manufacturing
pursuits. Is it then, a matter of no conseqence
to the State, that our teeming millions of wheat
should be converted into flour within our
borders ? Shall we, transport it toother climes
pay freight on this transportation, and also
on its reshipment back to our tables, in the form
of flour ? What Georgian would not feel
proud, to sec all the wheat raised within the
State, ground at our own mills ? Who can
estimate the increase and diversity it would
impart to labor and capital ? the vast sums of
money it would save to onr people? and what
independence it would confer upon them ? It
was under the promptings of such reflections as
these, that I included wlieat and and flour in the
restoration of Mr. Yonge’s rate of freight at
Etowah ? Do you condemn it gentlemen ?
How much “detriment'’ does it inflict upon the
| “interest and honor” of the State?
But perhaps it may be said that as the reso
lution of 1851-’52, already refer/ed to, looks
only to the frostering of the iron and coal inter
tcrest, aud includes them only, it is an exclusion
of every other interest. This does not neci ssa
rily follow. That resolution is simply directory
and cumulative, as it were of the ample powers
conferred on the Superintendent aud Executive,
by the 3rd Section of the act of January 15th,
1852. It i j under that general power that 1
justify the rates at Etowah, as to wheat and
flour, and that I would justify, as to coal and
iron, in the absence of that resolution. For I
fe l confident, that no law has been violated ;
aud the resolution, is mainly valuable to show
that the Legislature have given sanction to the
policy of so managing the State Road, as to
foster, as far as may be infant enterprises for
the development of her boundless resources.
It may, however, be asked, why these rates
of freight, upon these articles, are confined to
Etowah Depot. ? Why not apply to all the
Depots on the Road? I reply, simply be
cause the enterprise of manufacturing flour and
iron, along the line of the Road, is within the
immediate vicinity of Etowah, and is the only
point which, at present, would be benefited.—
When Flouring and Iron Milks shall spring up,
nt other points, within such distances from the
Road, that, by its rates of freight, it may en
courage and strengthen them, I unhesitatingly
express the opinion, that it will be the duty of
those who may be entrusted with its manage
ment to adopt the policy. Iu reference to iron,
and coal the Legislature haxgnade it imperia
tive, and deeming the qwestion/ff bread quite
as important under the ampl<power vested in
me, I have put the manufacWc of flour on the
same footing. If I have erred I have the con
solation to know that I have erred on the
right side of great interests of the State. If
it shall be thought that I have discriminated,
I have the consolation to know that it is not
i for oragainst--persons or parties,” but in favor
■ j of three great interests, worthy the fostering
•: regard of statesmen, aud against no other in
’ i tcrest, so that if the former be benefitted, the
' | pleasure it gives me is not marred by the re- l
’ i flection, that it has been at the expense of the
-1 other.
’ j 2, The second specification asserts, “that i
■' higher i ates of freight have been demanded I
; i and collected from the political party out of
’ power, than were asked of the party iu power,
i' [both being on the same o. similar mission,
whe > these respective, but different rates of
’ freight were charged aud collected ] which dis
) tinction between parties, on account of politi
| cal opinion, was unjust, odious and plainly in-
'; fractive of law.”
/ If the words “rates of freight,” are usedin
i their ordinary sense, the charge contained in
j this specification is simply false.
Perhaps, however, they were used as synon
ymous with rates of fare. If so. I can under
stand the illusion by my recollection, that it I
was charged during our late Gubernatorial I
canvass, that in going to and returning from |
their respective mass meetings, at Cartersville.
! the party in power was charged less than the!
party out of power. I hare no personal know!- |
i edge of this matter. All I know is from the |
‘ statement of the Superintendent, aud, there-1
,! fore,l refer you to his reply for information, 11
have no doubt he will satisfy candid men, that I
it was a fair, legitimate business transaction.
[ not influenced by political considerations, and
that the lowest rate of fare allowed d-tring the
' canvass, was to and from a Know-Nothing
Mass meeting
3. Th u x‘ specification asserts, “thatspecie
, has been transportid over the Road, free of
i charge, in one instance, and taxed with freight i
in anot ■ r. whte-h distinction evinces partiality, |
disregards and breaks the law.”
I d - not rcmembet to ever have heard of I
this. i;:.. il 1 rend your preamble. But in a con-1
ver-atfen with the Superintendent, I am informed i
that shipment cf the specie, in the instance al- ;
hided to. took place under an arrang'-rnent be-'
tween him and the shipment, which he deemed ,
. equivalent to, if not more advantageous to the [
Road, than the usual rate.of freight: He will 1
; explain fully, and I refer you to his answer for |
j information.'
4, The fourth specification charges, “that full
fares have been demanded and collected of a
Railroad Agent, known and recognized as such,
and in other cases; Railroad agents, on pre
cisely the same footing, have been passed free,
which distinction was made on account of the
political opinions of said Railr ad agent, noth
ing to the contrary having been shown, or is
possible to l>e shown.
I know nothing of this matter, except as ex
plained to me by the Superintendant; and, ex
planing as he did, 1 frankly confess that I think
he did right. It might have been more courteous
to the Railroad company, whoso agent the in
dividual alluded to was, tohavefirst notified its
President, that the usual courtesy extended to
such agents, would be withdrawn from him.—
But a different course was taken without any
consultation with me. For, indeed, Idi 1 not
even know of the Agency of that individual,
until after the demand and collection cf fare
from him. I therefore refer you to the reply of
Maj. Cooper, for all the reasons on wh.ch he
proceeded.
5, 'l’he last specification alleges, “general
want of judicious economy,” which, with the
other specifications “argues and demonstrates
the want of something, either firmness or pru
dence or capacity, on Hie part of the Superin
tendent, or his superiors in office.”
“A general want of economy;”—let tn? test
this assertion by figures. The term “economy,” ■
evidently points to the expense of operating
and maintaining the Road. This is necessarily
relative—that is, in proportion to the gross
receipts. When the receipts are large, tlie per
centum of expenditui e is large, and as a gener
al rule, is uniform in its ratio. Let us try this
accusation, by comparing the expenditures on
this score, for the last two years of the admin
istration of my immediate predecessor. The
gross receipts of the Road, for the fiscal year
1854, was §591,154.78, and the expense of op
erating and maintaining the Road fi r the
same period, was §253,031,78, being 42 8 10
per cent, on the aggregate earnings. The ag
gregate receipts of the Road for the fiscal year
1855, was §668,930,56, and the expense of op
erating ami maintaining for the same period,
was §259,883,33. being 37 3-4 per cent on the
gross earnings. The aggregate gross earning 1
for the same two years was §1,280,085,34,anil i
the aggregate expense of maintaining anil op- ;
crating the Road for the same period was §512. ■
915.11, showing an average ratio of about 40 I
ptr cent.
Superintendent’s Yonge’s report, for eight
months, including from the Ist of February,
1852, to the 30th of September, 1852, gives
the gross earnings of the Road to be $278.-
229,38. and the expense of maintaining and
working the Road lor the same period, $136,-
695,79, being li tie fess than 50 per cent on
the gross earnings; whereas, for the fiscal year
1854 the ratio was but 42 8-10 percent.
Mr. Yonge’s report for the fiscal year 1853.
shows the gross earnings of the Road to have
been §478.876,0G aud the expense for work
ing and maintaining the Road during the same
period $251,167,05, being about 52 per cent
on the gross earnings ; where as for the fiscal
year 1855, the expense was 37 3-4 per cent.
Mr. Yonge states “the expense of working the
Road has been about 52 percent,” on the
gross earnings of the period covered by bis re
port, say front Ist February 1852, to the 301 h
September 1853, the ratio would not have
been materially varied, 1 presum is ho hud
embraced both fiscal years 18 3 and 1854 ;
wherd’as the average ratio of expense to gross
earnings, during the fiscal years 1851 ami
1855, was about 40 per cent. ’ 1 do not draw i
this comparison to disparage Mr. Yonge’s ad
ministration of the Road. On the contrary 1
take pleasure in admitting that it was success
ful. But, if his administration was acceptable,
an l justly rega:ded worthy of commendation,
it docsnot seem quite just to characterize the
present as wanting in “judicious economy,”
when it is demonstrable by figures, that the
expense of maintaining an.i working the Road I
under the former, was 52 per eent, ami under
the latter, in the face of a largely idcrcasc
business, was 40 per cent upon the grot's earn
ings.
Having disposed of the specifications con
i tained in your Preamble, I shall not perpe
i tratc the indelicacy of discussing the “firmness
. or produce or capacity” of the “Superintendent
or his superiors in office.” But I will take the
liberty of making a remark or two, us to what
I consider to be sound policy, in the manage
ment, of the Western & Atlantic Rrilroud.—
Whilst it is wrong to discriminate, in the cs
tablisnment of rates of freight, for or against
‘•persons or parties,” discriminations ought to
be made for the encourngt ment of the great
interests in the State where it can be done,
without detriment to other interests. For in
stance, who suffers by such an adjustment of
freights on coal and iron, as will encourage the
developements of our rich bajs of ore ? No
body is injured, and yet, by such a policy,
important aid extended to those who have em
barked in the iron enterprise. Who is injured,
by a similar policy, in reference to wheat ship
ped over the Rood for milling purposes? It,
may, for the present, bring a few dollars less
into the Treasury, but in the end, it will result
in a vastly augmented business to the Road.—
Moreover, although the c-nconragi m iit to the
flouring business is direct, it. operates fivombly
upon capital and labor, that uro employed in
that branch of Agriculture. Take another in
stance; the region through which this great
road runs abounds with inexhaustible beds ol |
. limestone. Would ai y true hearted Georgian j
complain of discrimination, in the rates of our j
I freight, in favor of lime burned in the Stat--.!
i and shipped for agricultural purp :i:v.'! It I
might slightly diminish the revenue of lie- Road
for a few years, hut in the end, it would more
than quadruple the receipts upon tin's item, in
the combined impulse, it wonld impart to the
manufacture of lime, uml the increased fertility
it would bestow upon our exhausted lands.—
Under the act for the government of the Wes
tern & Atlantic Railroad, to which I have
already referr d th- Superintendent anil Execu
tive arc clothed with ample power to adopt this
policy. The Legislature of 1852 have sanc
tioned the principle, by tho Resolution which I
1 have quoted; and unless restrained by law, I
I shall apply it to such great interests of the
| State, as may not be able to struggle into de
| velopement without its aid.
I have the honor to be,
Most respectfully,
Your obedient serv’t,
HERSCHEL V. JOHNSON.
(B.)
Westere & Atlantic Rail Road i
Atlanta, Gu., Feb. 1, 1856. f
Gnetfemen—l have received your Preamble
and Resolution, with arequest that I sliouli fur
nish full information of all 'he facts connected
with the matters referred to in said Preamble.*
It is presumed that a portion only of this
Preamble is referred to me. I will one be ex
pected to consider whether the Read has been
managed ’’greatly to the detriment of the honor
of the State,” —whether certain measure were
“unjust and odious,” nor whether the ’’Super
intendent or his superior in office” possess the
necessary "firmness, prudence and capacity.’’
Plegarding your cull as only for such fuels as
are supposed to form the basis of these allega
tions,! will endevor to comply with your rcqne t.
. The first specificutian is, that “rates < f
Freight established to and from Etowah Depot
were in violation of law.”
WM. KA 7 PROPRIETOR
NUMBER 31.
The law which governs the general assess
ment of Freight is found in Sec. 3d of “an act
for the government and management of the
Western and Atlantic Railroad,’’ approved
January I:>, 1852, and the language is as fol
lows : “It shall be theduty of the Superintend
ant, by and with the consent of the Governor,
to establish rates ol Freight uml Passage, and
to make all necessary arrangements respecting
such rates with other Roads.”
1 he second specification is, that “higher rates
of freight have been demanded and colectcd of
the political party out of power, similar mis
sions when these respective but different rates
were charged and collected.”
The third specification is this : “Specie has
been transported over the Road free of charge
tn one instance and taxed with freight in ano
ther.” °
I have stated my rule of action in this instance
but I beg leave further to express my gatisfne
tion that the direct pecuniary interest of the
Road comported so happily with an incidental
duty which it owed the public. I consider it
peculiarly fortunate that it fill within the pro
vince of the .State Road to offer facility of ac
cess to those who were occupied in placin' 7 a
salutary restraint upon the otliou . system of
hanking which emanates chiefly from the above
named Institutions, so much to the ducredit. of
the currem yof Georgia. Ido not contend that
the Sui erintemlant of a Rail Road should ad
mit sui-h cmiiderntions to control his action,
but if, in the exercise of a plain duty, he can
contribute to a result so much to be desired as
the above, the act may challenge the approval
of those who would rescue the name of Georgia
from the reproach which has attached to her ns
the parent of the lifter of Wild Cut Banks that
now infest the country.
The fouitli specification is that “full fares have
been demand and collected ofa Raiload agent,
known and recognized as such, and in other
eases Railroad agents, on precisely the same
footing, have been passed free, which distinction
was made on account of the political opinions
of said Railroad agent."
It is true that I ordered the conductors a de
mand payment from a certai r Kail Bond agent
who .ever ho travelled upou the Roa , 1 was
I aware that he was Soliciting 4gcnt for the Sa-
I vannah K .ute, when 1 ordered him charged,and
' I did and do yet pass free the agents of all other
' coi.riecting K. uds. While I have with pleasure
I conformed to the established custom of inter
, changing the courtesies of free tickets with Rail
| Road officials, I did not feel restrained by tint
| usage from retaliating upon a person (although
u Rail Road officer) who availed himself of every
opportunity to vilify the administration, and cen
sure the management of the RoaTY. Ho was kno« n
as the writer of several very scurrilous articles in
the opposition press and lie was engaged indth
trinusly in collecting materia Ist fat assailling use
Kail Road po'tcy of tho administration, makirg
very free of his free ticket for that purpose.
'Though well assured that if 1 had reported
to his employees, that their agent was ofietisive
to the Road, he would have been promptly
withdrawn ; still 1 considered that a slow way
of reaching his case, mid preferred a more sum
many way of convincing him that ho should not
enjoy the freedom of the Road while be was
its unscrupulous revilcr. That the distinction
vyas not “political,” ns charged, will appear
from the fact that the agent of the other Route
entertained tne same political views us the in—
individual above referred to, and yet we passed
the one and charged the other.
You have now. gentleman, a full statement
of my action, os .Superintendent of ti e M'est
ern <fc Atlantic Railroad, in the several affairs
detailed in your specifications.
All of which is most respectfully stlbmi tted
JAMES F. COOPER, Sup’t.
Messrs. Murphy, Phillips, ) ~ ...
Terhune, Hill, and Sims, (
The Mastatlon Swindle,
AVe have seen in some papers within a few
days, that the Senate of Ohio have passed n
j resolution in favor of having Congress repeal
the duties, which have been paid ' since 1850,
upon railroad iron, and, if we arc not mistaken,
to suspend the payment o f duties upon railroad
iron for two years to come, which simply means
that for eight years thr- legitimate duties levied
upon railroad iron shall, instead ol remaining
where they belong 7 , in the national treasury, be
transferred to the pockets of foreign stock and
bondholders, railroad companies, mid Wall
street speculators. .Since the formation of our
government, no scheme of public plunder son
private aggrandizement has approached this ir
and importance. In comparison
with this, even the Collin’, line bill, vetoed, mid
justly so, by the President during the lust session,
dwarfs into insignificance.
We do not. know, and wc do not care, who
was the originator < f the Ohio senate resolution.
Neither do we know who voted for it, or who
voted against it. It is sufficient for us to know
tbut such a resolution has been passed, and be
cause that it has, we raise our voice against it.
If those who voted for it hud investigated the
subject—hud given it the consideration which
its importance demands, we are satisfied that it
would have died the death of ignominy that it
deserved.— Cincinnati Gazette.
Peace.—ln the London Punch, of January
12th, there is a most admirable illustration of
the dodges of Austrian diplomacy, culled ‘ The
Austrian Thimbl -Rig.' Austria personates a
tliiinblc-rigcr, with his table uud three thimbles
on it. The peace of’ Europe is the ‘little jo
ker/ whose wliereab mfs must be guessed. The
thimble rigger's deceitful glance and smirk are
given to perfection. By him stands his col
h'lgue, Prussia, who exclaims, ‘l’ve jus’won
bottle champagne—ilsh all fair!’ John Bull,
in the guise of u steady farmer, stands looking
'■ii gravely and rather dubiously ; moustached
France, on hors: buck, seems to’ have indepen
dent ideus on the subject; Turkey secins of
opinion that it makes very little difference to
him where peace may be, or even whether it is
anywhere ut ull; while Russia, peeping over a
board-fence behind the rigger, looks with calm
complacency on the scene. Underneath tho
picture are the following words:
Austria.—‘ Now, then, I’ll bet any gent a
sovereign, he don't tell me which thimble the
peace is under 1’
Nebuchednezzar Exhumed.— So ’tie said
—lt is stated that Col. Rawlinson, who is at
present engaged in prosecuting the discoveries
commenced by Layaid and boils, uud in exhu
ming from the mounds of the long-lost rival
cities of Ninevah and Babylon, the instructive
remains of this once gigantic power has lately
discovered, in a state of pcrfei.t preservation,
what is believed to be the mummy of N< bu
chednczzar. The fuco ol’ the rebellious monarch
of Babylon, covered by one oft hose gold musks
usually found in Assyrian tombs, is diseribed
; as very handsome—the forehead high and com
muudiug, the features walked and regular.
This interesting relic of remote antiquity- is
i fur the present preserved in the East India
Company.
Barnum!!
C-.ij’ X French consul in China says that the
, Chinese drive away consumption by smoking a
mixture of arsenic and tobacco; and Dr. Lou
du told the assembled physicians at the Acade
my of Medicine, years ago, that the smoking of
arsenic was the only effectual cure for turber
j color consumption.