The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-06-18
SPEER ANDTHE DANVILLE
THE JUDGE EXPECTED TO NAME A
RECEIVER.

haDOrerB' Lien on tn6 ORuVlllB
Also Claimed by the Central.
| MACON, GA, June 17.-More than the
anticipated amount of interest was felt and
displayed In the case called in the United
States court this morning before Judge
Emory Speer. 1t was tho equity case of
the Central Railroad and Banking Com
pauy of Georgia VS.. the Richmond and
Danville railroad, an application for an in
junction and receiver. The counsel for the
Central, Judge Pratt Adams, of Adams,
Denmark ~ Adams, and II. c. Cunning
ham Of Lawton SS Cunningham, of Savan-
nah, were in court. Marion Erwin, Hon.
A. o. Bacon of Macon, and Daniel W.
Rountree OF Atlanta, were present, also, as
counsel for complalnants In the original bill
| Of Rowena Clarke vs.. the Central railroad.
For the defendant road appeared Capt.
| Harry jackson of Barrow & Jackson Of
Atlanta, who was present, and who an-
nounoed that counsel for the defendants in
this case were James K, Lamar of Augusta
and Barrow 81 jackson.
MOTION TO DISMISS.
| Immediately after the calling OF the case
and the announcement OF ready by the com-
plainants, Capt. Harry jackson read a mo-
tion to dismiss the bill for want Of jurs-
| diction, and also for want OF proper service.
This motion, which was brief, set forth that
the defendant was not a resident
Of this district, and that 1t
was impossible for the defendant
TO have been resident of the district at the
time the papers were served. Every one
expected this notice. It was consequent on
the somewhat unexpected steps taken by
the Richmond and Danville security hold
era on Wednesday last, when they
asked for and got receivers for the
| Richmond and Danville IN the United
States court in Richmond, Va. But the
motion to dismiss was not admitted by the
court, on the ground that it was not in ac-
cordance with the practice Of the feedral
court. He would, therefore, order that the
hearing continue.
THE RECEIvERsHIP BROUGHT IN.
| Messrs. jackson and Lamar had other
ammunition and next read the order Of
Judge Hugh Bond, Of the United States
court of Virginia, plaeiug the Richmond
and Danville in the hands Of a receiver.
and also the order OF Judge Newman, of
the United States court in Atlanta, affirm
| ing the order Of the other court. This was
road as an additional reason why the pend
ing bill should be dismissed and briefly is
put as follows:
The Richmond and Danvill9, without waving
| its motion to dismiss the bill on the ground OF
| jurisdiction and defective service, shows that
| on June 10 Hon. Hugh j. Bond, judge of the
| circuit of the United States for the Fourth cir
cut, passed an order on Dill styled as follows:
| The order directs that Frederick w. Huide-
| koper OF Washington and Reuben Foster Of
Baltimore be the receivers for all the property
OF the Richmond and Danville Railway Com
pany as described in the bill, including the
| system of railroads in Virginia, North and
| sippi The receivers are ordered and author
lied to take immediate possession, and the
| officers of the kichmQndi and Danville are
ordered to at once turn over all property and
| papers, and the receivers are ordered to operate
| all railroad and steamship lines and deposte
their earnings in the banks in Richmond, Wash
ington and New York city. The case IL set for
| hearing Aug. 10, 1892
The conclusion of this paper sets forth
that, these orders having been Issued, the
| Richmond and Danville is not IN possession
| of any property or money In the state Of
Georgia, aud that, therefore, hearing for
the appointment of a receiver for the prop
critics would be- useless.
JUDGE sPEER IGNORES IT.
The spectators and counsel evidently ex-
pected that Judge Speer would have some-
thing to say about this showing, but with
out giving the matter even passing mention,
| the court calmly asked II counsel was ready
| before the court ".t...f sdt
Mr.. Cunningham at onoe read the bill
| which was filed in Augusta, and was pro-
ceedinR to the documentary evidence when
| he was interrupted by Daniel Rountree,
| who reminded the court that a cross bill 10
that filed in Augusta was now pending in
this court.
Hon. A. o. Bacon, with Mr. Rountree,
said that the position taken by himself and
his associate was that the Central railroad
was not IN q position and the court could
not allow it to conduct independent litiga-
tion. being itself Gin the hands of a
receiver, especially when that litigation Is
| In fact only IA corol!ary to the bill now
pending In the United States court In Ma
| con and Is only repetition of' the very
points contained in the pleadinRs and
answers filed in the original bill OF Mrs.
| Rowena Clarke against the Central rails
road.
Judge Speer said that he would hear argu-
ment on that point later.
DOCUMENTARY EVIDENCE.
The reading of documentary evidence on
the complainant's side proceeded, Among
these sfl1davits was one from T. N. Cum
| niugham, cashier of the Central Railroad
and Banking Company. This shows that
there is on the books Of the Central a debit
| balance against the Richmond and Dam
vile of 81, ,459, go q. An exhibit attached
shows that the amounts came due under
| the lease, and the separate exhibits, num-
| berinR seven, show the different claims that
| 20 to make the total amount claimed by
| the Central and includes a depreciation Of
| per cent. on $1,000 600, the value of the
rolling stock of the Central taken in hand
by the Danville.
Marion Erwin, in behalf Of the Central
railroad, then filed an amendment Co the
| bill This amendment in substance
sets out that while operating the
Central railroad in February, 1892,
| the Richmond and Danvllle om-
| ployed a number Of laborers and for that
month the Richmond and Danville was due
those laborers the sum Of S192, ,922 so, aud
for four days in the month OF March
| $39. .6S4 IA. for which amounts unpaid the
laborers had a lien upon rolling stock and
car equipment belonging to the Rich
mond and Danvillo railroad This
| money was paid by the Central railroad
It is, therefore, set out that the receivers of
| the Central railroad have received the lien
| Of the laborers. The Central railroad.
| therefore, asks that the court appoint a re-
| ceiver or receivers as sequestrators TO take
charge OF the rolling stock and equipment
| Of the Richmond and Danville 30 as to
realize the amount of the lien.
LANDLORD AND TENANT.
The amendment further charges that
under the terms of the occupancy of the
lines Of railroad by the Richmond and DAN
| ,y{Da thav stood in fba ralati hin of tan