The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1879-05-28
The Greenyillc and Columbia. and the
South Carolina Railroad CaScS-..i
Satisfactory Adjustment.

The Greenyillc and C0!lmbia. aHG the
South Carolina Railroad VaSeS...i
Satisfactory Adjustment.
Much to tho surprise of ali and con-
trary to the expectation Of many, i hap
by result WIS reached hast Friday by the
counsel in both the great SOUTH Carolina
railroad cases ia the United States Court.
In the Grecnviilc and Columbia Railroad
ease. Chief Justice Waite announced the
decision of the Court TO be that The suit
brought by Freeman Clark ct dt. against
that road might be maintained in the alb
srncr Of the State O! South Carolina rs Il
party, and that the pcndcncy OF the suits
in the state Court set out in the dill II
relied upon by the defendants III their
demurrer and plea WAS not Il bar to that
suit. The demurrer and plea were there
fore ovcr-rulcd. The Court WAS clearly
of the opinion ihat the suits in the State
Court had been instituted in good faith
for the purpose Of establishing the prior
ity of the statutory lien creditors over
the second mortgage bondho!dcr>. IN
der these circumstances the Court was
unwilling to grant the motion i'll this case
for the arpoiutmcnt of receiver. The
decision concluded by saying that If
hereafter the suit in the State Court should
fail, or if that Court should discharge its
! receiver, the application might be re-
p'Ls, ,,tn Dl fInnt-nJ. ~
conflict of Jurisdiction, and virtually
leaves the present condition OF the Green
vile and Columbia Railroad undisturb-
ed. General James Conner, the receiver,
is left in Office and as it is not probable
that the State Court will '~'discharyc its
receiver" he call so on i'll his work OF
improvement.
In the South Carolina Railroad case,
the Court had announced on Thursday L
basis o: ayrrclncn: for the opposing coun-
sci upon which an order might be
granted which would effect 4 successful
and satisfactory adjustmcnt. On Friday
morning tho counsel intilmated that they
, had not come to any agreement, but ask
cd for further time to do so. Time was
granted, and that evening whenthc Court
met at ! p. H., the counsel announced
that by mutual concession by the oun
sci on both sides of the case, four orders
had been prepared and consented to which
embodied DEGREES OF the Court upon The
motions submitted for the dissolving Of
the injunctions the motion for counsel
fees and expenses: the motion for dis
tribution of interest; and the petition
previously filed to extend he road to the
Cooper River. According to this agree
! mcnt, which the Court confirmed, it was
! ordered that the interest on the first
mortgage bonds, including the hypoihc-
catcd first mortgage bonds, for July 1873
and January 1879, be paid. The Court
also authorized the extension of the South
! Carolina Railroad from its present city
terminus to the wharvcs on Cooper
Rivcr,---an Improvement OF immense
! importance TO Charleston.
, Operations will at once be begun for
extending the tract and constructing the
wlarvcs: and soon Charleston will have
what she should have had thirty years
ago,---throuyh freight connection, which
will dispense with the needless and oncr-
Gus expense of wharfage and dray&ge.
I Receiver Fisher, like Receiver Conner is
left in Office and he will find himself by
this happy decision Of the Court able to
carry out his plans Of Improvement.
AS to the distribution of interest, 1t is
| understood that no less 4 sum than $500,
10000 VIII be disburScl according to the
order. The order US to counScl's fees and
disbursements will cause the payment
TO the fortunate lawyers Of over $4,000.
Thus ended, for the present at least, the
! two great railroad cases which had occu-
pied the time and attention of the United
States Court for j week. Although it
cannot be said that hereby litigation IS
ended, il can safely be said that Il good
work was done by which many causes OF,
irritation and obstacles to improvement
were removed, and 1T the same time great
relief was afforded by the payment Of
interest. Not only the Railroads them
selves but the State OF South Carolina
and the town OF Charleston, have great
cause for rejoicing at the happy anG I'M
expected termination of the two suits.