Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1874-03-06
OE5.S A !1iREf.tss$.
,E.,s senson cor Big SuIt>-ile.ssn
der Il. Stephens. vs.. The "e>-
ter,, ant; Atlantic kali
cad Com aEy.

It is only few weeks since We had
occasion to give our readers = concise
statement OF a bill fled by Gen. Robert
Toomls, as attorney for the Seago
combination, against the Western and
Atlantic Railroad Company. The oo-
iect OF this bill is 10 set aside the
present lease.
On Friday this gentleman fled AL
other bill against the same defendants.
The statement OF the case is Alexander
e. Stephens, Is. the Western and Al
lantic Railroad Company, Of Fulton
county. and George II. U.Z,ehurst, OF
Bibb county. The amount sought To
be recovered is only $1,000, 600.
lEE. sTEPHENs' CASE.
The following is Il condensed state,
ment OF the principal allegations IL
this bill:
Mr.. Stephens charges that on the
9th day of December, in the year
1870, he became one of the lessces and
proprietors Of the Western and Allan
tic Railroad. then tho t g. ~ '.,e
porated under an act OF the Legislature
of Georgia, passed on the 26th day of
October III the same year, with d, ers
other persons, al o iessces, as Il mem
Der, under Che name aud style OF the
Western and Atlantic Railroad Com
pany That he was entitled to u half
OF one share in sait lease, being one
fort -siSth part OF the whole. That
after the said road and its apritrtcnRu-
ces were turned over to said coI0pa
ny, he
CONVEYED TO TIE STATE or GEORGIA
all OF his interest, for reasons satisiac-
tory to himself. That until recently
he believed his deed of conveyance
had been accepted by the State. That
sometime before the first Of October,
in the year 1871, Il meeting was held
, of the persons styling themselves the
Western aud Atlantic Railroad Com
pany, which meeting determined that,
with the consent of the State of GeOr-
gia, and of the securities upon their
bond, they would receive III the place
Of A. H. Stephens, G. IL. HazleIurst.
of Bib county, and have transferred
to him the one-half share OF Stephens,
which they declared he had surrendered
and abandoned by his action. That he
had 10 notice of any kind Of this &C
! ton, and It only became known to him
during tic summer of 1873. That
Rufus Bullock, then Governor Of Geor-
gia, gave the desired executive per-
mission for the transfer that it was
accepted by Geo. II. Hazlehurst, and
that he had continued to receive a
share Of the rents and profits OF said
J road up to tie present time.
The bill further charges that this
grant to Geo. II. Hazlehurst is
UTTERLY ILLEGAL AND VOID,
also that neither Governor Bullock,
Governor Conley, Governor Smith. or
the Legislature have ever received Mr..
Stephens gift to the State, Or ever
claimed any right under his deed.
That The said one-half share is there
fore still his property. That the COM
pany have never notified him of their
meetings, or furnished him with any
information as to their business, their
receipts or their expenditures.
The bill closes with demand that
he have full access to and the examina-
ton of all the books of said Company
from It's organization to the final set
tlement of this case, and to receive his
portion of all the profits earned by
said corporation, amounting to
ONE MILLION DOLLARS,
or some other large sum. 1t also
prays that the grant to Hazlehurst be
vacated.
To the bill are annexed az exhibits,
the deed from Mr.. Stephens to the
State, the minutes of the meeting
which made the transfer to Hazlehurst,
the written consent of the securities,
and the executive warrant-4HGnt0
(On2titattiG1.