The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-07-22
MANY BILLS PUT IN.
OVER 500, oooIN CLAIMS AGAINST
THE SHORT LINE.

The Lawyers Come in for Coed Slice
"A Big Legal Fight on Foot-The Ex-
captions to the Recsiver's Report to
Be Argued Before Judge FalliGant
This Week-What the Principal Ex-
captions Are,
In the superior court Saturday afternoon
when the Savannah, Dublin and Western
Short Line case came up it was easily to be
seen that big legal warfare is inevitable
There was quite an array Of legal talent
present. j. A. Cronk, attorney for Receiver
Davant; Hon. F. G. duBignon, W. W
Fraser, Esq, Col William Garrard, r. r.
Richards, Esq, R. G. Erwin, Esq, Emile
Newman, Esq. and c. n. West, Esq.
The attorney for the receiver having pre-
viously put in his claim for Sc, 800 for legal
services, the court set last Saturday, at 4
O'Clock, to receive all claims Of defendants
counsel for legal services and TO pass upon
them, and also to hear exceptions to the
report OF the receiver
In the absence of Capt. H. c. Cunning
ham, counsel for the Savannah and Fort
Valley railroad, which means the Central,
II the reader is to base his judgment Oh the
exceptions filed, the case again went over
until next Saturday.
TO PUSH IT ONE WAY OR ANOTHER.
Judge Falligant, in extending the time,
TOOK occasion to say that he wanted to push
the matter either to a settlement or give it
start TO the supreme court if it is TO be
taken there He also notified counsel that
Judge Adams having studied the case and
being more familiar with it, he should
counsel with his predecessor in
his dealings with the case. The
Judge said that he wanted COUNSEL TO come
prepared to argue the exceptions to the re-
celver's report, and the motion of Mr.. West
That the surplus should be invested in in
terest bearing security, the court did not
grant, saying that he desired to look into
the case further. 1t would appear, how
ever, from the bills coming in that no such
sum as 1000 will be left to invest, as Mr..
West suggested.
In the first place the receiver has recon-
mended that $3.50 be paid Solomon Cohen,
the former receiver. Attorney Cronk asks
Tor $2,5OO; duBignon and Fraser ask for
$500; mr. West wants 10 per cent. of John
ii; Powers claim; Lawton q Cunningham
ask Tor fair compensation and Receiver
DaVant IN askingfor his compensation takes
occasion to add that he made a 200-mile
ride over the line Of the road to Haw kius-
vile, encountering dangers and exposure
from which he has not fully recovered, and
ne asks Tor lust compensation"
THE RECEIVERS REPORT.
The receivers report has already become
a target to shoot exceptions at and some Of
the firing is directed point blank at the
Central railroad. 1t may be proper 10 first
give brief synopsis Of the receivers re-
port with reference to his findings as to
amount nf claim nj 10. tL,o
original bill of w. II. Ferguson a. Co., VS..
the Savannah, Dublin and Short Line Rail
way Company, to which declaration numer-
Gus other parties were made complainants
during the progress Of the much litigated
case.
Receiver Davant finds first the cost of
compensation, which includes $3.50 for the
former receiver. and the compensation for
MIR. Cronk, attorney for the receiver.
Next in order the receiver says that Jan.
l, 1886, the railway company executed and
delivered mortgage to E. P. Howell, r.
A. hardeman aud Howard E. w. Palmer,
trustees, upon all its property to secure
$4,000, 600 of bonds, which it was able to
issue. The mortgage is regular in form and
recorded in all the counties through which
the line passed, and although not filed with
in the time required by law, the bonds were
regularly issued, and are binding ON the
AoAA"oJ CoAbAAJ VIC IulcS governing
negotiable paper
The bonds Nos. l, 2 and 3, for s, 900 each,
paid to them as trustees, are found to be
valid and binding for face value and in-
tereSt.
THE CONSTRUCTION COMPANY's DoINGs
The receiver says that the construction
company paid Carpenter, Grant, Mundy
81 Co., Jan. %, 1888, ON account Of the con-
structiol of, the defendant railway, the sum
of S35, 900, and various claims amounting
to Sl4,797 OF, on the faith of the
pledge of bonds deposited with it
to the amount of $27OO,00O. These
bonds, to the extent of $40. 1877 "a. with
interest from Jan. 2S, 1888, are a valid and
subsisting lien on the property of the de-
PENDANT railway company. The liens of
the trustees named and the construction
company are in priority and rauk next
after the costs and expenses above men
toned.
Next in priority are the various iIdg-
ments against the defendant railway &C.
cording to the terms of court at which thew
We're rendered and their dates