Below is the OCR text representation for this newspapers page.

THE ATLANTA WEEKLY EXAMINER. NAZ TilFfK T,V CIRCULiATIONr OF" TEteS SX. AMI NTER, X£2O O O COPIES! JOHN H. STEELE, ) r . CHAS. L. BARBOUR, f L Edltorß ' VOLUME 11. THE WEEKLY EXAMINER r» Publhed every Fridaynormi' n t'i: City of Atlanta, at ONE DOLLAR PEft ANNUM, To be paid strictly in advice. 13*" No subscription tai en for less than s months. RATES OF ADV dRTISING. Advertisements are ins<*rt I in the Weekly Examinee at the following rates: Seventy-five cents per square (of 10 lines brevier) for the first insertions, and 37£ cents per square for each sub sequent insertion. Advertisements continuing three months or more are charged at the following rates: 1 Square 3 mnths lf>4 00 I •< 6 “ 000 1 « 12 “ 10 00 2 •< 3 “ 600 2 •• 6 “ 10 00 2 “ 12 “ 15 00 3 “ 3 “ 800 S << 6 “ 12 00 3 “ 12 “ 20 00 4 « 3 “ 10 00 4 « 6 “ 15 00 4 “ 12 “ 25 00 J Col’n 3 “ 15 00 | « 6 “ 20 00 | « 12 •• 30 00 1 “ 3 “ 20 00 1 •< 6 “ 30 00 4 “ 12 “ 40 00 Ono Heuare, changeable, one year, sls 00 T wo « “ “ 20 00 Three “ “ “ 25 00 Four .. « - 30 00 Quarter Column “ “ 40 00 Hal f “ “ “ 55 00 Advertisements leaded and inserted un- Ser the head of Special Notices will be charged ne Dollar per square for the first insertion and Fifty Cents for each subsequent insertion ’&• Legal Advertisements published at the usual rates. Obituary Notices exceeding ten linos will bo charged as advertisements. jy Yearly Advertisers exceeding in their ad vertisements the average space agreed for, will be charged at proportional rates. LF" All Advertisements not specified as to time will bo published until forbid and charged accordingly. Legal Advertisements. Sales of Land and Negroes, by Administra tors, Executors or Gunliana, are required by law to be held on the First Tuesday in the month, between the hours of 10 in the forenoon and 3 in the afternoon, at the Court House in the County in which the property is situated. Notices of these sales must be given in a pub ic gazette 40 days previous to the day of sale. Notices for the sale of personal property must be given in like manner 10 days previous to sale dav. Notices to the debtors and creditors of an es tate must also bo published 40 days. Notice that application will be made to the Court of Ordinary, for leave to sell Land or Ne groes, must be published for two months. Citations for'letters of Administration, Guar dianship &c., must be published 30 days—for dis mission from Administration, monthly six months —for dismission from Guardianship, 40 days. Rules for foreclosure of Mortgages must be published monthly for four months—-for establish ing lost papers, for the full space of three months —for compelling titles from Executors or Admin istrators, where bond has been given by the de ceased, the full space of three months. Publications will always be continued accord ing to these, the legal requirements, unless other wise ordered, at the following Rate? • Citations on letters of Adn i.iistration &c. $2 75 do do dismissory om Adminis tration, J [’[J Citation on dismissory fron- f luardranship, 3 vo Leave to sell Land or Negi es, 4 00 Notice to debtors and credi os. 3 00 Sales of personal property,! i days, 1 square 1 50 Sales ofland or negroes by Executors, &c. 5 00 Estrays, two weeks, * 50 For a man advertising his wife, (in advance,) 6 00 Letters on business must bo (post paid) to en title them to attention. 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.