Savannah morning news. [volume] (Savannah) 1868-1887, 1882-08-26
THE STATE ROAD LEASE.
The Question of Hts FOrfeiture-An
HmpOrsang Trial Before Judge
Willis.
Atlanta Constitution. uesterdau.

+ Atlaata Constitution, yesterday.
In April last the Attorney General, pur-
suant to an act of the Legislature directing
his attention to the question, filed an
opinion that the bond Of the lessees of the
Western and Atlantic Railroad was not
sufficient. Soon after this opinion the At
torneY General issued writ of information
and "quo warranto" inquiring by what
right the lessees claimed to be q cor
poration. The lessees immediately
began a vigorous defense of their
bond, and also began TO prepare
Tor the question OF the ownership of the
shares in the lease, as it was probable that
the question would come before the courts
as to whether a majority Of the shares were
owned In the State as the law required. To
the fquo warranto" OF the Attorney Gene
raj was filed demurrer by the attorneys of
the lessees, Julius L. Brown, General Law
ton, Major Cumming, Governor Smith and
General Toombs. Yesterday the case was
called before Judge Willis, OF the Chstta-
hoochee circuit. The following demurrer
was read by the defendants counsel.
THE DEMURRER.
The State of Georgia, upon the relation of
Clifford Anderson as Attorney General, VS..
the Western and Atlantic Railroad Com
panY. Information, in Superior Court of
Fulton county, filed August B, 1882.
And now at the time set for the hearing of
the above stated case, comes the defendant,
by its attorneys, Julius L. Brown, James NJ.
Smith, Joseph B. Cumming and Alexander
K. Lswton, and moves the court to set aside
and annul the order heretofore granted in
the above stated cause upon the following
grounds. to wit:
l. Because his Honor, George HillYer,
Judge Of the Atlanta Circuit, is disqualified
to preside in said cause by reason of inter-
est, and said cause Is pending In Fulton
county, in which said county there is a
City Court, and of said court Hon. Richard
ID. Clark is the Judge, and said Judge alone
has jurisdiction to preside In said cause
under and by the constitution and laws of
said State.
= Because there Is no law of Georgia
which authorizes the court to pass such an
order as was made and passed in said cause
8. Because there is no law which author
izes the court to pass any order upon such
a writ.
4 Because said order was Improyidently
and prematurelY granted.
D. Because the information SO filed bv
said Clifford Anderson, ,as Attorney General,
and upon which said order was SO issued.
was not verified by affidavit.
3. Because before the granting of said or
DER, application should have been made to
the court for leave to file said Information
oeIore the same should have been granted.
Wherefore defendant prsys Judgment of
said order, that the same may be revoked.
For the State appeared Attorney General
Anderson, Judge Lyon, of Macon, and Cap
tain Harry jackson, of Atlanta. The case |
was opened by Julius Brown for the de- |
murrer: He was followed by Attorney |
General Anderson. Then spoke Major |
Cumming for the defendants. Coun- |
sci for the State was to follow, but |
the Judge said he wished to hear further /
from the defendants before the States pre- |
sented fresh matter. Gov. Smith spoke, |
and then the court adjourned to meet at g |
O'Clock to-day in the State Library. II the |
demurrer is sustained, the trial OF the case |
VIII be postponed to the September term of |
Fulton Superior Court. If 1t is oyerruled, |
the trial will proceed at once In due form |
and jury will be summoned.