Savannah morning news. [volume] (Savannah) 1868-1887, 1886-11-06
WANT THE CASE HEARD.
THE SAVANNAH AND DUBLIN
RAILWAY INJUNCTION.

The Company Anxious to Have the
Matter settled and to Go Ahead with
the Building of the ROad-A Hearing
to be Had Next Week What the Con-
struction Company May DO.
Alter repeated postponements the in
junction case against the Savannah,
Dublin and Western Railway Company
came up before Judge A. Pratt Adams In
chambers yesterday. Mr.. Linderman, of
Philadelphia, the President of the COM
pany, and Mr.. G. w. Van Fosser, Presl-
dent Of the United States Construction
Company. were present as spectators.
Ferguson 81 Co., the complainants,
were Represented by W. w. Frazer, Esq.
and Adams & Denmark appeared for the
defendants.
MIR. Frazer moved for continuance of
the case until next Wednesday. He
stated as the reason for the motion that
Mr.. sam Jemison, who has been the active
attorney for the orators, was sick in
Macon, and unable to attend the hearing.
Mr.. Jemison prepared the bill and was
thoroughly familiar with all the facts in
the case, and without him the case could
not go on without injury to tie complain
ants interests. Considerable discussion
followed between the attorneys.
oBJECTING TO A POSTPoNEMENT.
MT. ,. b. Adams objected TO a postpone
ment, saying that the company mad been
under restraining order since Aug. %,
when the bill tor the Injunction was pre-
scented to Judge BOynton, of another dis
trlct. In the bill Ferguson & Co. stated
that $50, GOO was due them, and charged
that the company was insOlvent and con-
r. a u inn a
ceeded TO show that the amount claimed
by ferguson Il Co. was entirely too large;
In lact, II anything was due them under
the contract, II was not much over $500.
les Tor that amount. which the defend
ants denied was due to the contractors,
work mad been stopped and the railway
company had its hands tied. 1t would be
a hardship 10 continue the Injunction.
counsel went on. Ferguson & Co. aban-
doned the work, but now there is a con-
structlon company ready to close tue con-
tact and finish the road. The defendants
wanted an early hearing so as 10 dispose
OF the restraining order.
DISPUTE ABOUT THE WORK.
In regard to Ferguson 81 COPS claim.
Mr.. Adams said that there was a dispute
as to the work done. The defendants al
pointed their chief engineer to examine
the work and Ferguson d Co. appointed
az engineer. The two went over the work
done, measured 1t and made a report TO
the com pIalnantS and defendants In
round numbers tue amount due WAS Si3.-
UOO, according to the report Of the two
engineers. Ferguson d Co.'s engineer in
an affidavit stated that ne had made some
allowances TO the railway cOmpany's
engineer, and that the amount due was
about $lYs eco. Under the contract 10 Der
cent. Was 10 be reserved until the work
was finished. Ferguson IL Co. received
in cash $1,000 and The Treasurer OF the
railway company accepted Ferguson d
Co.'s draft for over $4,000.
THE CLAIM TOO LARGE.
At the outside a little over $500 ia all
that is due the compliments, Mr.. Adams
stated and, by their own showing thew
cannot make it over $1,000 AS an an
swer to the general charge of insolvency.
the company would offer an affidavit by
The Treasurer denying the allegation ard
showing the value OF unpaid subscrip-
tions, the franchise, the right of way and
roadbed already graded. In addition
the defense was prepared 10 offer an aft
davlt by the President showing that the
company is responsible.
In conclusion Mr.. Adams stated that
the defendants would ike TO have the Or
der modified so that contract could be
closed Tor the rebuilding OF the road.
Judge Adams remarked that he aid not
think there was anything in the restrain.
ing order which prohibited the defendants
from building the road, and he assigned
the case peremptorily Tor next W ednesday
at IL O'Clock.