Jackson County GaArchives History .....Sims, Sherman J. - Estate Lands - Railroad 1906 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Jacqueline King fammaw51@yahoo.com April 27, 2005, 3:54 pm Book Title: Acts and Resolutions of the General Assembly of the State of Georgia 1906 In relation to Right of Way over lands of Estate of Sherman J. SIMS WHEREAS, In the construction and location of the Northeastern Railroad from the city of Athens, in the county of Clarke, to the town of Lula, in the county of Banks, it became necessary to construct the same in part on the land of the estate of one Sherman J. SIMS, late of the county of Jackson and State of Georgia, said land situated in and contiguous to the town of Maysville, in said county of Jackson; and WHEREAS, The said corporation did locate and construct its road-bed and equipments across, over, through and upon said land a distance of 3,350 feet in length and 100 feet in width; and WHEREAS, This use on the part of the said corporation was under an agreement, contract or understanding with the widow of the deceased that the heirs-at-law, each and all of them, should be given a pass to ride at any and all times on any and all the passenger trains of said road in consideration of the use and enjoyment of said strip of land so used and enjoyed by said company as aforesaid; and WHEREAS, When said railroad was taken possession of by his excellency, W. Y. ATKINSON, the Governor of said State, he, in attempting to carry out said agreement with these heirs and in order to get title to this right of way, made to the State, did execute and deliver to each of said heirs a pass (denominated on its face “a life pass”), and in consideration of said life passes the heirs at law of said Sherman J. SIMS did, each and all of them, sign and deliver to said Governor a deed conveying said strip of land in fee simple; and said life passes were always recognized by the conductors on said road while the State owned and operated the same; and WHEREAS, Since the sale of said railroad by the Governor and the purchase of the same by the Southern Railroad, the said railroad has refused to honor their passes and to permit them to travel on said railroad without the payment of regular fare; and WHEREAS, The said Southern Railroad contends that under its purchase it is not bound in any legal manner to honor these passes or any of them; and WHEREAS, Under the contract entered into between his excellency, Governor Atkinson, and these heirs at law of Sherman J. SIMS, viz: Mary PORTER, R. B. PORTER, Mrs. Lizzie LeMASTERS. C. H. J. SIMS, Essie L. SIMS, R. Bennett SIMS, Mrs. Amanda J. SIMS, Mrs. Louisa J. LORD, Sherman B. SIMS, James M. SIMS and John C. SIMS, a great wrong will be done to these people unless they are in some way compensated for the value of the right of way conveyed by them to the State, or the life passes issued to them by the Governor; and WHEREAS, The State can now do justice and settle this question without loss or injury to any person; be it therefore RESOLVED, That a committee of three from the House and two from the Senate be appointed to investigate all the facts with this matter—with power to send for persons and papers—and who shall report the facts to the Legislature at its present session, with such resolution and recommendation as will secure to these people their rights, and provide the ways and means of its settlement. Approved August 21, 1906 Source: GALILEO Digital Initiative Database University of Georgia File at: http://files.usgwarchives.net/ga/jackson/history/other/simssher253ms.txt This file has been created by a form at http://www.poppet.org/gafiles/ File size: 3.9 Kb