The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-07-30
PAY OF THE LAWYERS.
SOME OF TIE DUBLIN SHORT LINE
FUND DISTRIBUTED.

Receiver Davant Gets $1,000. Law
yers Cronk and West $1,000 Each,
and duBigron & Fraser $4,000
Capt John n. Guersrd to Get $500
as Master, and Solomon Cohen $3.50
as the First Receiver - The Fight
over the Masters Report.
The entire day in the superior court yes
terday was taken up with arguments of
counsel on EXCEPTIONS to the masters report
in the Savanna. Dublin and Western Short
Line litigation, and the cours continued the
further hearing Of the case until tomorrow
morning, as the criminal docket is for trial
to-day by previous assignment.
Before the hour Of adjournment Judge
Fallgant passed upon the claims of com
pensation, directing orders TO be taken as
/ follows:
To Receiver r. J. Davanr, $1,000.
To J. A. Cronk Esq, attorney for the
receiver, $1,000 The sum asked for was
/ 81. 500.
To duBignon &, Fraser, moving attor-
neys, $3.50; amount expected, and 10 per
/ cent. of the fund brought into court
! 10 Charles y. W est Esq, counsel for
/ John H. Powers in the consolidated bill, as
moving attorney, 81 900. Amount claimed,
| 10 per cent of the fund brought into court
1t is understood that au order for $500
! compensation to John NJ. Guarard, ESQ.
The master, will be taken IN court this
| morning, and these sums, with the
/ undlsputed amount Of $3.50, found by the
master for Solomon Cohen, the first re-
ceiver swells the expense to S., $50, with
| court costs, and incidental expenses yet to
| be aided. which will not leave much over
! three-fOurths OF the fund for distribution
If the litigants do not elect to take the case
to the supreme court.
AwAG's PETITION.
| The great length of the arguments of
! counsel and the dragging manner in which
| the litigation has been going on in not less
than four courts, suggested to a wag in the
court room yesterday to draw up a mock
petition to the court to incorporate the
lawyers for the compiainants and the de-
PENDANT of 'dilapidated railroads." with q
paid up capital of $50, 900, the capital stock
to be decreased at every term Of the court
until the entire stock shall have been ex-
hausted
MIR. West resumed his argument yester-
day morning in opposition to the findings
of the master, and spoke for nearly four
hours. He urged that the master should
have found as to the illegality of the Cen
stock of the construction company, and as
to % ilegality of the Savannah and Fort
Valleys purchase of the franchises of
the Savannah Dublin and Western
Short Line Railway Company. If it were
fraud alleged, it was for jury to find, but
as lllegality is alleged it can be passed upon
by the chancellor, who should go to the case
and see the thin concealment of the Cen
trails purchase; in fact, the speaker said he
did not know but what his friend Capt.
Cunningham, would not be pleased by the
bare hint that there was any effort at con-
cealment.
LAWYER VESTS ARGUMENT
Mr.. West argued that the fact that the
| Savannah, Dublin and Western had been
purchased by the Central when the former
was being bounded and distressed by it's
creditors was worse than to have attempted
to purchase it when strong and able to
compete with its rival. The pur-
chase in either event was contrary
to the policy of the state. The
Central had no right to purchase the
dead body, and lock up the bonds and
securities of the Construction Company to
compel the payment for an incomplete full
tillment of its contract to build and equip
the road from Savannah to Macon. Some
other party might have bought it and
preathed the vital spark of life into it that
it might have become strong.
Mr.. West concluded his argument bv
citing Massachusetts case, where a vessel
going on an illegal voyage had sought to
recover from an insurance company on a
policy, which was denied, and falling in
this then sought to recover the amount of
the premium paid the insurance com
papy, but the court held that the
fruits of an unlawful bargain could
not to be obtained from court of Justice
and refused to return the premium. This.
the speaker claimed, was a parallel case. in
which the Central Railroad Company seeks
to have court of justice return it the
money it had paid out for the claims it
purchased by an unlawful bargain.
CONGRESSMAN TESTERS SPEECH.
Hon. R. E. Lester followed in an argu-
ment of two hours In length, by an inter
ventlon for McPritchard, u Sub-contractor.
claiming priority of lien. Mr.. Lester re-.
construction company and the defendant
railway company. He held that The obli-
CATION OF the construction company was to
build; 1t was not an appoftlonable con
tract but should have been performed
III its entirety, and when it failed to
build, 1T then became the simple trustee.
holding the bonds and stocks for the Savan,
nah and Dublin Railroad Company. He
held that thel had been an abaud nment
The resolution of the railway directors did
not reScind the contract II did n t nre-
vent the construction company from build
ing, which was its remedy, and vet it ha 4
abandoned The work a month or more
before the resolution was adopted
and under the claim that it had had its tina
extended it never built any part of the road
thereafter. TIE company having failed to
perform its contract to build, cannot re-
cover, he said, for what part of the work it
may have done. nor can it hold the bonds
and mortgage liens TO secure it. Referring
to the alleged extension of time given
by Douglass Green, Mr.. Lester held
that he had no more right to
grant the IGensiOn than the court
or any member of the bar present, but if
the extension was legal, the construction
company performed no work under it. and
that, ne, argued shows abandonment. lust
rs under the original contract the construc-
ton company, on its own motion. stopped
work, saying 1t was a physical imppossi-
bihty to complete the road in the time it
had contracted to d 0, thus abandoning the
work itself, both before and after the
alleged extension.
THE TIME FOR BUILDING THE ROAD.
In recapitulation J fr. Lester put the case
much to this effect: II the time for build
Ing the road by the construction company
had been extended, nd failing to perform
under the extension, the company cannot
claim the bonds aud mortgages Of the Sa-
Vannah, Dublin and Western, which it can
only hold as trustee; btlt if it is held that