The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-03-25

haNCOn Huo cunningham announced
ready.
Nh. VESTS CASE.
@. n. West announced that be repre-
sented 6. 1886 shares of stock and desired TO
announce the strong opposition OF his
clients TO the appointment of a receiver.
Judge Pardee announced that Messrs.
West and Harden must join either with the
minority stockholders or with the Central.
The Intervention could not be allowed
otherwise. There were only two sides to the
case, Judge Pardee said, and they could not
allow or any one coming ip on the outside.
Mr.. Rountree proceeded TO read the origi.
mai bill, OF which a synopsis has already
been published Ia the MORNING NEWS.
Judge Pardee was peremptory In his rul-
ings, and, it was seen, was disposed to cut off
all needless discussion.
The afidavits Of Mrs. Clarke and her
counsel, J. l.. Perry, and also a copy of the
lease of the Central TO the Georgia Pacific,
we're attached to the bill by order of the
court after some discussion.
Mr.. Rountree then read the amendment
adopting Maj. Bacon's intervention as part
OF the original bill, but dIsavowing any in
tention of joining him.
RoUNTREE SHUT OUT.
Mr.. Rountree began to read through the
entire Intervention of Maj. Bacon, but was
checked by Judge Pardee.
Maj. Bacon was allowed to state the dis
tinct points Of his intervention for the pure
pose of saving time. They were that
the Central railroad, by the action Of its
directors, is placed in a position where its
charter is liable to be forfeited; that the
Richmond Terminal controls all the rail-
roads mentioned in the bill, and
thereby defeats competition and establishes
monopoly; that it has no power under the
comfy OF states to exercise powers forbid
den Georgia corporations by the constitus
tion, though its own charter may give it
the power to do SO; that the Richmond aud
Danville has no contract to operate the
Central railroad; that the bond given as
guarantee is worthless and that the Rich
mond Terminal could not, even
as a Georgia corporation, hold
the $1,000 shares of stock of the
Central railroad; and It is requested that it
be enjoined from further participation in
cific prayer being that the court order this
$4,000 shares to be brought into court to be
sold by order of the court. that they might
be held by legal shareholders.
Mr.. Erwin submitted the intervention of
Frances and Rebecca Hesseltine of Boston.
Judge Pardee requested that all the
affidavits be filed for the benefit of the
court.
Mr.. Lawton stated to the court that he
understood that Maj. Bacon would repre-
sent much more formidable array of
stock at this hearing. and desired to know
il he did So
Mr.. Bacon stated that he had received
authority TO represent l.. A. Jordan of CO.
lumbus, the owner Of 125 shares of stock.
AFFTDAvITs SUBMITTED.
Affidavits were submitted by MIR. Roun-
tree as follows: Frank Hoyle, manager of
the Middleboro Belt railroad of Middieboro,
~ -k-Is l. q
previous connection with the East Ten
nessee, Virginia and Georgia, he was familiar
with the conduct of Its business and stating
the points where it came into competition
with the Central railroad.
An affidavit was presented from Jacob
Gazan and Jacob Cohen of Savannah testi-
fyiug to letter addressed by them to the
directors of the Central In Savannah urging
that the lease be broken and the answer de-
clining to attempt to cancel the lease. Mr..
Cohen is the owner Of one share of stock.l
MIR. Rountree also read a letter of Mai.
Bacon to Gen. Alexander requesting q
copy of the contract by which the
Richmond and Danville operated the Cen
tral railroad and the answer of Gen. Alex
ander stating that he knew nothing of any
such contract.
Mr.. Rountree also put in evidence the
plan of reorganization of the Terminal
Company prepared by the Olcott committee
and the tenth annual report of the Rich
mond Terminal Railway and Warehouse
Company to its stockholders The last afl-
davlt was objected to by the opposition, but
was accepted by the court.
The forty-fourth annual report of the
Richmond and Danville was also filed as
evidence.
AN AFFIDAVIT FROM PAT CALHOUN.
The following affidavit from Pat Calhoun
~ IL
Calhoun, being duly sworn, deposes
and says, that being informed by Mr.. Err
win, counsel for the plaintiff in the above
stated case. that the testimony before the
committee of the general assembly of
Georgia in 1889, as set forth in the pamphlet
of the West Point Terminal Company,
printed by order of the general as
sembly by W.. J. Campbell, the
state printer, has been exhibited to the af-
fiant by Marion Erwin. ESQ.,, and that the
statement of the facts in the testimony Of
afflant before said committee as set forth
in said pamphlet relative TO the history of
tine Georgia company. the Central Railroad
and Banking Company of Georgia, the
Richmond and Danville Railroad Company,
the Georgia Pacific Railroad Company, the
Richmond and West Point Railroad Com
pany, and their connection and relationship,
il it, true to IL best of his knowledge and be-
An affidavit was filed from Charles T.
Bartlett, chairman of the joint committee
of the legislature, to investigate the leases
of the Central railroad and the East Ten
nessee to the Danville; that the printed evil
dence of Gen. Alexander In the committees
report was substantially correct.
The printed evidence of Gen. Alexander
and Mr.. Calhoun before the legislative COM
mittee on the investigation Of che leases
was filed
The majority and minority report of the
committee was also fled.
AN ENGINEER's CHARGES.
An affidavit of ]. II. Cronk, Central
railroad engineer, was read. He testified
that the rolling stock OF the Central had
been run down since the road was assumed
charge of by the Danville; that many of the
engines were in such condition as to be
actually dangerous; that the side-tracks
were in dangerous condition. aud that the
condition of the roadbed was greatly run
down since the Danville assumed charge.
There was also read an affidavit from j.
w. Urquhart, an engineer for six years on
the Central, who testified that the rolling
stock aud roadbed had been greatly
run down since the Richmond and Danville
assumed charge.
An affidavit from G. K. Marvin, ex-road-
master of the main stem, was filed, testify
ing that the usual forces on the section
gangs had been reduced one-half in January
aud that the present force was not able to
maintain the roadbe1 in proper condition,
which was deteriorating in consequence Of