The morning news., 1892-03-15
CENTRAL'S BIG FIGHT.
TIE HEARING POSTPONED TILL
MARCH "a.

Strong Points Made by the Counsel
On Both Sldes-MaI. Bacon's Inter
vention Proves 6 Most Formidable
Document-Messrs.L Lawton g. Gun
nipgham Claim Exemption or the
Central From the Anti-Lease Pro-
vision of the New Constitution.
MACON, GA, March 14.-The hearing Of
the bill for an injunction and receiver
against the Central Railroad and Banking
Company, the Georgia Pacific railway the
Richmond and Danville and the Richmond
and West Point Terminal Railway aud
Warehouse Company was postponed to-day
by Judge Spser until Thursday, March "a.
The hearing will be in Macon aud Judge
Pardee Of New Orleans is expected to be pres
snt. An order was issued by Judge Speer To-
day continuing the temporary receivership
Of Gen. Alexander until after the hearing.
Although the case was not heard to-day a
good beginning was made in one sense of
the word. Enough was developed to show
that the greatest legal fight in Georgia
over a railroad question is now
on, and also to give the
newspapers considerable for publication,
and the public considerable food for thought.
1t evident that great mauy railroad
secrets are about to be revealed to the cold
gaze Of an unsympathizing public, and the
prospect is that the people will learn great
many things that they never suspected
about the railroad companies. The events
Of the day of public interest were the inter
vention by Maj. Bacon and the filing of
the answer to the complainant's bill by
Messrs. Lawton & Cunningham. Mai.
Bscons position in the case was unknown
until he himself announced it in court.
MAI. BACoN's INTERESTS.
His declaration that the amount Of stock
represented by himself is more formidable
than appears in his written intervention is
variously interpreted. He is believed to
represent large interests, but of what
character and in what direction is not
known. He brought with the case point
Of law which is entirely new TO it, and, if
established, entirely superior to any point
made upon any similar case In this state,
not excepting the point made by Messrs.
Lswton & Cunningham that the constltu-
ton Of 1877 does not and cannot abridge the
charter of the Central railroad, which was
granted in 1885, and IL it appears
to do so Is imperative as regards
the Central railroad. Maj. Bacons
point is that under the comfy existing
between the states a corporation cannot be
chartered to do in one state what its charter
expressly forbids it from doing IN the state
in which it is chartered. and that the
comfy between the states only permits a
corporation to conduct the same operations
in other states that it ia chartered to con-
duct in the state OF its incorporation. It is
simple, yet great.
THE TERMINAL CHARTER.
The Richmond Terminal Railway and
Warehouse Company is incorporated under
charter obtained in the state of Virginia
to buy. lease and control and operate rail-
road and steamship lines of all descriptions,
but is expressly forbidden by
its charter to control, lease or
operate a competing line in the
state Of Virginia. The question is can it do
in Georgia what it cannot do in Virginia
without charter from this state9 Mai
Bacon says not.
Judge Harden and Mr.. West Of Savannah
represented over 5000 shares of the minority
stock, more undoubtedly than was repre-
Sented by all the attorneys for the complain
ants combined. 1t was noticeable that they
at IN perfect silence while the questions
which arose were being discussed by the
other attorneys. Mr.. West said last night
that they would await the proper time to
make known the wishes of their clients.
Most Of the Savannah delegation leave
Tor home tonight.
Mr.. West leaves for Atlanta tonight.
Aessrs. Lawton and Cunningham will re-
main in Macon over Wednesday.
OPENING OF THE COURT.
The two hours session of the court
nis morning was very interesting
The court opened at 10 O'Clock
Judge Speer presiding. Judge Pardee
"New Orleans was not present. The court
room was filed with lawyers, railroad men
Sa newspaper men. Among those present
we're Capt. Harry jackson, assistant gem
Hal counsel of the Richmond Terminal
company and Richmond and Danville rail-
"S1; Lawton & Cunningham, representing
me Central Railroad and Banking Company
sna the receiver; Judge A. Pratt Adams, and
tFaoy Baxter Of Macon. representing the
augusta and Savannah stockholders;
S"eph Ganahl of Augusta, representing the
"uthwestern stockholders; F. H. Miller
augusta, representing the Carolina rail-
'OadS of the Central; Maj Joseph B. Cum
lungs OF Augusta, representing the Georgia
,a1road and Central railroad and
louisville and Nashville; Maj. A. Q. Bacon.
:. intervenor. D. w. Rountree
D Atlanta, and ]. Lamb
,eFy Of Charleston, representing
Ar'' Clark of Charleston; Marion Erwin,
.epresenting Francis s. Herseltine of Bos>
eou' Judge Harden and G. N. West of
.a'aunah, representing a number Of
i;l'uority stockholders; A. Minis, represent
s several minority stockholders of Saw
sau' +. q. duBignon. representing the
~ S.uern Express Company; Judge Lyons
macon, Of the counsel of the Central ;
sesuent Alexander and George J. Mills Of
EaAhah, c. H. Phinizy Of Augusta, U. B.
oil Mo OF Americus, and Capt. E. p. How
,a.I | Atlanta, directors OF the Central rail-
ra' Cashier T. M. Cunning ham of the
in." HAi Bank. There was an evident antic-
g." SUI OF huge legal battle. Judge
I6s'', M entered the court room shortly after