Savannah morning news. [volume] (Savannah) 1868-1887, 1886-11-13
BROUGHT TO "A CLOSE.
The Savannah, Dublin and Western
Railway Injunction Case.

]
Railway Injunction Case.
The hearing of the injunction case
against the Savannah, Dublin and West
ern Short Line Railway Company was
continued before Judge Adams yesterday
and was concluded. After the introduce
ton OF one or two a1lidavits the argument
was begun and occupied nearly four
hours. The court room was well
filed with spectators, among whom
were a plumber of Ferguson u
Co.'s creditors. Gen. Won Fassen,
President OF the United States Railway
Construction Company, which has signed
contract for the building Of the roau,
was present.
:. b. Adams, Esq, in behalf OF the rail-
way company, opened the argument, and
spoke for upwards Of two hours. \ good
deal of what he said was. supplemented by
the reading of atiidavits aud supreme
Court decisions. Mr.. Adams submitted
that. according to the evidence, Ferguson
" Co.'s claim against the road amounts
10 but 5000, or thereaoOuts, That the com
pany is entirely solvent and able TO pay
in fun this and any other claim that may
exist against it, and thai there Is no ground
for granting the Injunction.
As an evidence OF the sOlvency OF the
company he pointed to its charter, which,
he said, is a part of it's assets, and
which, he stated, can he sold to-
day tor $4,000. The amount OF
capital stock paid in, state
ment taken from the eompany's books,
showed 10 be about $1,000. The affidavits
of the President and Treasurer stated
that there has been no negotiation
with view to disposng of the road;
even il there had been, counsel remarked,
any sale that could have been made
would be subject to Ferguson h Co.'s
claim. The argument was exhaustive
and dealt with all the details Of the con-
tract between the railway company and
Ferguson Il Co.
). IL. JemIsOn, Esq, in opening the
argument il behalf of the compliments,
related story Of an old German In
Macon who, IN speaking Of the Airline
Railroad, with lack OF COMPREHENSIVE as
to the difference between air and
wind, called it the Wind Line.
The proposed Savannah, Dublin and West
ern Short Line, counsel said, is the most
slupendOus wind line that he had ever
come n contact with or had ever heard
Of. he had never known but two roads
that could equal II, one was the Proctor
Knott road to Duluth and the other was
jules Verne's road to the moon. If the
savannah, Dublin and Western Short
Line Railway Company will give bond to
hboNCl NhJ JAOEliVhG -Aob OA uoVh ~
Co. may obtain upon trial before Chat
nam county jury, he said, they will dis
miss at once the proceeding for a receiver
and Injunction. The counsel went on
to show that the company is insOlvent,
and quoted from Supreme Court decisions
the definition OF insolvency. The con-
tractors, he said, had been continually
urged to go ahead with the work, that
there was an abundance of capital back
of the company. He referred TO the affl-
daylts OF Ferguson IL Co., in at
tempting 10 bring about a settle
ment for work done on the road,
and TO statements made by officers of the
company in the newspapers that abun-
dant capital to carry on the enterprise
had been obtained in London; that
through some cause or other the negotia.
tons with London capitalists had fallen
through, and that a syndicate of Philadel-
phia capitalists had entered into an ar
rangement to furnish funds, and now that
the company is appealing for dissolution
OF the injunction so that 1t can enter into
some new scheme. Mr.. tensions argu-
ment was supported by atfidayits and de-
cisions of the Supreme Court.
At the conclusion OF the argument on
both sides, and after objections mad been
made TO the admission of certain general
evidence in some of the affidavits, Judge
Adams called for the papers and stated
that he will file his decision, when it is
prepared, with the Clerk OF the Court.