The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-03-09
TO BE IN ON TIME.
AUGUSTA AND SAVANNAH RAIL-
ROAD DIRECTORS ACT.

ern StOcknOl0ers-LaWY hOuntreS
Explains how He Came to Repre-
sent Mrs. Clarke.
A special meeting Of the directors Of the
Augusta and Savannah railroad was held
at the banking house of Hull & Lathrop
yesterday to discuss the situation in Cen
trail affairs and take steps to protect the in
terests Of the Augusta and Savannah stock
holders in case Of an appointments Of per-
maDent receiver by the court.
Frank II. Miller. Esq, of Augusta was APP
pointed attorney to represent the interests
of the Augusta stockholders Mr.. Miller
said last night that ID is their purpose 70
have the dividends upon their stock declared
fixed charges Of the Central railroad in case
of tbs appointment Of q permanent re-
ceiver.
''As the Augusta and Savannah railroad
and the Southwestern railroad are leased
lines of the Central railroad and their
leases were sanctioned by the general
assembly of the state when they were made"
said Mr.. Miller, ''tney are naturally fixed
charges Of the Central, and / do not think
there will be any difficulty in having them
declared son
WILL NOT REMAIN QUIET.
Mr.. Miller declined to express an opinion
as to what steps will be taken by the stock.
holders Of the Augusta and Savannah rail-
road in case their dividends were not made
fixed charges, but he intimated that they
will not remain quiet.
MIR. Miller was not inclined to discuss the
situation in Central railroad affairs, being.
as he said, a lawyer and not inclined to ex-
press opinions upon a case in which he might
Be interested professionally. Il was evident
from what he said, however, that he took a
much more hopeful view of the situation
than has been generally expressed by the
holders Of Central railroad securities. He
thinks the panic into which the Central
railroad stockholders have been thrown by
the appointment Of temporary receiver
unreasonable and not warranted by the
situation.
THINKS IT A GOOD THING.
he evidently sympathized with the
effort against the lease and considered that
is would be a good thing for the Central
railroad and the people Of Georgia IL the
lease were broken and the road restored 10
the stockholders.
81 can only give you the opinions Of
other men," said Mr.. Miller. "Gen. Alex
ander said, when he was notified Of the ap-
pointment OF q receiver. that be was glad
VI Az nuu SOl " II. 4 ululZy Oh Augusta.
an old director Of the Central railroad and
Of the Georgia Railroad and Banking Com
pany. has expressed himself as of the opin-
ion that the breaking Of the lease will be
the best thing for the people
Col Phinizy was reelected on the
present board, as IL was known that he was
not in sympathy with the Richmond Ter
minal people,"
M MOiar ra3,,rv,aA - h,,.~,,n4. Ia ..a-AA
lt is probable that similar action Will be-
taken by the stockholders of the South.
western railroad to that taken yesterday by
the directors Of the Augusta and Savannah.
LAWYER RoUNTREE HERE.
Lawyer Rountree arrived from Atlanta
yesterday morning. and is engaged In look
ing up matters connected with the hearing
of his case. Mr. Rountree was seen at the
De Soto. He is suffering from a severe cold
and was only able to give part of the day
to his business. He said there had been no
new developments in the case of special in
terest to the public that he lie acquainted
with.
MIR. Rountree was questioned as to who
the Savannah lawyers are that were
engaged upon similar bills to the one pre-
sented by him to Judge Speer. He replied
that his statement was founded on fact, but
that the information was given to him in
confidence and he did not feel at liberty to
divulge the names of the lawyers who were
engaged in.this work.
JUDGE sPEER's ACTION.
Mr.. .Rountree's attention was called to
the criticisms Of Judge Speer denouuciAg
his action as hasty and unduly hurried.
without notice to the other side.
Judge Speer, said Mr.. Rountree, "did
not act hastily in the matter. presented
the bill to him at 10 o'clock in the morning.
with a full brief OF the authorities cover
ing the questions of law involved in the bill
and its consideration and the questions of
law involved occupied his time exclusively
from that hour until 10 O'Clock at night
He hardly allowed himself time for his
meals. In addition to this, it is evident from
Judge Speer's decision in the cases of Lang
don ct al. against Branch ct al, aud In
the case OF Hamilton VS.. the East Florida
railroad that he has devoted weeks and per-
haps months in investigating the constitu-
tional questions involved in the bill.
ANY lawyer will tell you. Mr.. Rountree
added, THAT 1t is the invariable rule in
equity cases where an injunction and re-
ceiver are necessary for the chancellor to
act upon the application ex parte, and the
rule applies not only in the practice In
Georgia and in the United States courts
but in every state of the union and IL is the
common law rule providing. Of course, for
fun notice on the hearing for permanent in-
junction and receiver"
HOW HE CAME TO KNOW MRS. CLARKE.
Mr.. Rountree was asked how he came Co
bring the suit in the name of Mrs. Clarke of
Charleston, and how Ii was that a connec-
ton had been made between an Atlanta
lawyer and a Charleston stockholder. The
way it came about, Mr.. Rountree said, was
thus: He was preparing bill for injunc-
tion and receiver in behalf of his father.
who owns $50 shares of Central railroad
stock, and mentioned the matter to friend.
This friend happened to be a friend of Mr..
Perry OF Charleston, and knew that Mr..
Perry was preparing a similar bill
in behalf Of Mrs. Clarke. A correspondence
and introductions followed aud Mr.. Perry
and Mr.. Rountree decided TO pool issues and
bring the bill in the name of Mrs. Clarke, as
this would enable them to bring the case In
the United States court.
MIR. Rountree was told that doubt had
been cast upon his statment as to his
fathers ownership OF such an amount of
Central railroad stock. He replied that his
father owned either 230 or $50 shares of
Central railroad stock, not Southwestern
stock, he said, and that it had been in the
family for years. He said the statement
could be easily proved by reference to the
books of the Central Railroad and Banking
Company.
"What about the charge that the CAL
houns are behind this mover Mr., Roun-
tree was aked.
"The Calhouns have nothing whatever TO
DO with it,n replied Mr.. Rountree, land l
will make affidavit to that effect IL neces-