Savannah morning news. [volume] (Savannah) 1868-1887, 1886-08-27
IN A RECEIVERS HANDS,.
THE DUBLIN AND WESTERN
UNDER AN INJUNCTION.

n6C0lVeT ny my w
syth Upon Application of Ferguson ~
GOETHE Contractors Embarrassed by
tue Company Failing to Comply with
Its Obligations-The Company's Books
Demanded.
A bill was filed In the Clerks office OF
the Superior Court yesterday asking for
a receiver for the Savannah, Dublin and
Western Railway Company. An inJunc-
tion is also asked for.
The bill was fled by William II. Fergu-
son & Co., who had contracted to grade
about seventy miles of the road. On We'd
nesday a temporary INJUNCTION was
granted by Judge James nj. Boynton at
Forsyth, who appointed Solomon
Cohen temporary receiver for the COM
pauy. Judge Boynton was asked to grant
the injunction because Judge Adams is
absent from the State. The bill is for the
benefit of Messrs. Ferguson Il Co, and
such other creditors as may desire to be-
come parties, against the Savannah, Dub
lin and Western Short Line Railway
Company.
THE CONTRACTORS.
The firm OF Ferguson d Co. is composed
of William II. Ferguson and F. NJ. Fergu-
son, VINO claim to be citizens
Of Illinois. They show that on April 20,
1856, j. II. Powers contracted with the
Savannah, Dublin and Western to do all
the ''grading, grubbing and clearing" for
the railway company for the first forty
miles of the road from Savannah west
ward. Two days alter that contract Fer
guson & Co. claimed that they took Pow
ers' contract off OF his hands, by con-
sent Of the road. They then went
10 work on the road and expended large
sum OF money in grading 1t and incurred
heavy OBLIGATIONS. For all the work done
the railway company has failed to pay
the orators, so they state. anything eX-
cept about 5000, and the contractors
claim that the company owes them about
$4,000. The orators state that they are
not able to give the precise amount, for
the reason that their engineer and super
intendent, who have the estimate books
for work done, are absent from the State.
FAILED TO GET THEIR PAY.
Tnat sum the orators say the respond
ent has failed and refused to pay, pay
ment having frequently been demanded.
Ferguson IL Co. assert that the work was
done in strict conformity to the specitica-
tons. They charge that although sucn is
the case, Arthur Pou. the chief engineer
OF the railway company, has arbitrarily
"re!used to examine and approve the
same upon the sole ground, as he stated
TO the orators, that it would be useless,
because the company had no money to
pay for said work.
The orators say that the work so COM
pleted by them was done in accordance
with the directions and suggestions otthe
chief engineer. They further say that on
May D they contracted to clear and grade
sections ), 3 and OF the Savannah, Duo
lin nd ANoSrEr hn
being Of ten miles each and Immediately
west OF the first forty miles. On sections
and they declare that they have done
considerable work, according to the terms
OF the contract, and for which they have
received no compensation, but in the
prosecution OF which they have been at
great expense and have incurred pecu-
mary Obligations amounting to about
SS,00U,
THE COMPANY INsOLvENT.
They declare that the railway company
Is wholly insOlvent and say that it has
failed TO pay it's debts at maturity.
1t is also charged that the directors and
stockholders are trying in every manner
possible 10 sell or cucumber the road and
its charter franchise, ia proof of which
is attached, as an exhibit, an article with
the head line "FiXing for a Big Deal"
published in the Savannah MORNING
NEWS Aug. %.
Ferguson Il Co. submit that to allow
such sale. alienation or membranes. to
the prejudice of the claim and lien OF the
orators, would be fraud and q gross IN
Justice, and would do the creditors great
bnjufy. The orators say also that upon
the faith OF the railway company's obli-
cations they themselves contracted many
obligations for sub-work, materials, sup
plies etc.
THE CONTRACTORS END ARRAsSED.
by The failure of the railway company
10 comply with its obligations the con-
tractors say that they have been greatly
embarrassed financially. and are now
NeXed with ''almost countless petty suits
al law by attachment, punishment and
otherwise" Many of the suits are pend
nRS in the Justices courts along the line
OF the road. One of the most important is
10y ;. NcPritchard, Of Tennille. They de-
clare that they are anxious to pay all
sheir creditors, but have been prevented
from dong so by the insolvency OF the
railway company.
On these grounds the orators ask that
the company be commanded to appear
and make its answer Mt the next term OF
The Chatham County Superior Court. The
eourt ~ also asked to enjOin s. McPritch-
ard and Others from further prosecution
OF their suits against the orators. IL is
prayed that at the final hearing Ferguson
AZ Co.'s claim shall be decreed to be first
Jien upon the property and franchises of
The defendants. subject only to such debts
as may be adjudged to be due by them to
fub-contractors for work done or others
Tor supplies and material furnished.
SHUTTING OFF DEAL.
The sixth prayer is that the railway
company be directed to desist from operat-
ing the road or using it In any manner,
Transferring, selling or encumbering il
until further order Of the court.
For excavations aud entertainments, Toe,
per cubic yard was TO be paid; for grub
bling and cleaning $50 an acre, and for
extra haul per 100 feet, &c. per cubic
yard. 1t is stated in the contract that
S'as each section Of ten miles is completed
In a satisfactory manner IL will be ac-
repted by the engineer, estimated and
paid TOR without delay, with the excep-
ton Of 10 per cent, which will be retained
until the completion OF the contract
The contract wac 10 be finished by July
j, 1886, and the contractors were to put
up forfeit OF $500.
Judge BoyntOn set Sept. 10 for the hear
Ing before Judge Adams or such other
Judge as may be presiding in his stead
The attorneys for Ferguson Il Co. are
Messrs. Jemison and Reid, OF Macon.
DEMANDING THE BOOKS.
Mr.. Sam Ii. Jemison was in Savannah
yesterday, and witn Mr.. Solomon Cohen
formally demanded of Mr. II II Iohnson