NA, A&F 5/31/1864

Pollard May 31st 1864
 
Hon Secretary of War
 
   The President of the Alabama & Florida Rail Road Company of Florida, the undersigned asks, that the amount awarded by the State Commissioners as the value of certain rolling stock of said company ($252,504.48) be paid in full, and in the new issue of Treasury notes for these reasons.
   This stock was offered to the managers of the Ala. & Fla. R. Road (of Ala) and Mobile & G. N. {Great Northern} R. Road ?????? for use upon those roads on the following terms -- $25 per day for use of Engines, and for use of Cars 10 pr ct upon the country.
   The Superintendent of the Alabama road (Mr. Jones) refused to take our stock upon these terms, and Mr. Pollard President of that road, through Gov'r Shorter of Ala. induced Gen'l Forney then in command of this Department, to seize our stock and place it on Government account upon those roads.
   From the time of seizure under General Forney's order (25 Apr 1862) to 15 August 1863, the Government paid the owners hire for this stock at the rate of $25 per day for Engines, three dollars per day for cars the stock having been taken from under the care and control of the company.
   On the 15 August 1863, D. H. Kinney, under the alleged authority of the Secretary of War, again seized this rolling stock. This seizure originated the present claim.
   No delay has occurred in the settlement of this claim, except that which grew out of the acts of the agent of the Confederate Gov't.
   The offer of D. H. Kinney, the Gov't Agent, was of a character to render it at once apparent "just compensation" was not to be obtained under his auspices.
   Mr. Kinney's offer for Engines was $25,000 each
   The State Commissioners value for Engine "Industry" was $100,000
                                                     "       "      "Javelin"     "    $60,000
   Mr. Kinney's offer for Passenger Cars     was $3,000
             "                    "  Baggage or 2d class "    2,500
             "                     " Box cars each               2,000
             "                     " Flat    "       "                  1,900
   The award of the commissioners for Passenger cars was $8,000
                                               Baggage 2d class    "            5,750
                                               Box cars each                      3,250
                                               Flat cars                               2,500
Difference between Mr. Kinney's offer and the award of the commissioners for all the rolling stock seized is $274,660.00. Because the necessity and importance to the company of impressment and appraisment.
   Figure was made by Mr. Kinney 13th August 1863
   Local appointment was had 15th Dec 1863
   The appeal to the State commissioners was made by Major Aurin Walter in letter dated 21st ??? 1864
   A copy of Major Meriwether's letter marked A, shows when notice was given the undersigned of the appeal
   The letter marked B shows why I could not attend a trial until middle of April.
   Immediately after my return from Richmond I proceeded to collect testimony, and prepare for the trial. This was done with as little delay as possible, and the case submitted to the commissioners on the 26th day of April 1864
   As will thus be seen, no "delays" were "interposed" by the undersigned, save those which the action of the Government Agent rendered necessary in order to ascertain what was the legal rights of the company, and to obtain a decision by the proper tribunal as to what was "just compensation" for the property taken.
   The property was impressed by the Government Agent
   From that time to the present, with the exception of the Engine "Javelin" and two cars, this stock has been in possession of the representatives of the Government, entirely beyond the control of the Rail Road Company. The Government is therefore responsible for all depreciation of the stock and also the ordinary wear and tear.
   To seize the stock, turn it over to the possession of private parties and then charge the owner as Major Meriwether has done, because the stock depreciated -- seems -- with all due deferment to military practice -- to be piling injustice upon injustice.
   The stock was seized 13 August 1863. Government has been in possession ever since, with the exceptions mentioned. 
   They charge hire for this stock-- clearly then the owners should have the amount received for rent or should receive from Government interest or the value of the stock from the date of seizure to the date of final settlement -- else Government will have the use of this stock from 13 August 1863 to 24 ??? 1864 and on to the date of final settlement, and for that use will have given nothing. 
   The offer of the Government agent was so far below what the award of the commissioners there was "just compensation" that no proper regard for the interest committed the charge of the undersigned, required that the course adopted should be pursued.
   With regard to the charge by Government agent for use of Engine "Javelin" and Passenger and baggage cars -- should it be considered a charge should be made -- the charge made is -- in the opinion of the undersigned an exorbitant one.
   The affidavit marked "C" shows the distance run by Engine and cars during the time the company is charged for their use did not exceed 2221 miles. The charge is thus shown to be $2.42 per mile for use of Engine 29 cts per mile for use of Box cars 4 cts per mile for use of 2d class passenger car -- for the Engine and two cars, $3.19 per mile $319 for one hundred miles use -- or as may be said for one day's work.
   All the disinterested testimony presented to the commissioners placed the value of 
Engine "Industry" at least $125,000
" "Javelin" 75,000
Passenger car 10,500
Baggage or 2d class car 7,200
Box cars each 4,050
Flat cars " 3,170
   Mr. W. L. Clark Superintendent Muscogee R. Road Geo.
   Col. Isaac Scott President Macon & Western R. Road "   say that at least the above prices would be paid in the new issue of Treasury Notes.
   The letter of Mr. John T. Aiken Chief Engineer and Spr North & South Ala. R. Road exhibit this view.
   The certificate of the commissioners marked D shows what they mean by their award.
   In view of all the above facts the undersigned asks -- that -- the award of the commissioners be paid in full in the new issue of Treasury Notes.
   That interest on the amount of the award, less the value of Engine "Javelin" and two cars, be allowed from the date of the seizure of the rolling stock 13 August 1863 to the day of final settlement -- or rent be paid for the stock at the usual rates.
   That the charges for use of Engine "Javelin" and two cars be remitted.
Rspy Submitted
O. M. Avery
Pres. Ala. & Fla. {of Florida} R. R. Co.
 
26th Aug. 1864
 
Respectfully returned.
   It appears that Mr. Avery makes two objections to this acct. 1st He claims that he should not be charged with the use of the engine & cars.
   I do not see how we can consent to this costhond referring the papers back to Col. Meriwither for the ground in which he made the charge. The rates of hire are believed to be such as the Government has been paying to Companies & as Companies have in many cases have been paying to each other for the hire of engines & cars. 2nd Mr. Avery claims interest from 12th Aug 1863.
   This would be establishing a new precedent -- contrary to the uniform practice of the Government.
   There is another consideration. When the local appraiser acted (Dec 15th 1863) the old currency was in circulation. If we regard the award of the State Appraisers as new currency they actually increased the prices of the local Appraisers instead of diminishing them as they proposed to do.
   There was a difference of 33 1/3 per cent in the value of these two currencies.
   The Appraisers state that their award had reference to the currency in circulation on 26th of April 1864. It is clearly a fair inference that their valuation had reference to the same date. 
   If interest had been contemplated at all it should have been stated in the award.
   For the foregoing reasons I think the Government should not depart from its uniform practice, to pay interest in this account.
Chas. G. M. Garnett
Commissioner
 
Engineer Bureau
26 Aug 1864
 
Respectfully submitted to the Hon. Secy of War.
   I concur in the views expressed by Col Garnett and recommend that the account be paid as approved by Lieut Col Meriwether. The payment to be in new currency as the Commissioners certify that the award was based on this currency.
J. F. Gilmer
Major Gen & Chf Engr
 
Genl Gilmers indorsement approved
James A. Seddon
Sey
26 Aug 64

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