The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-03-05

complained Of are the results Of such a de
liberate and determined course adopted and
carried oui regardless of the public policy
OF the state Of Geo gia and Of its constitu-
tioual prohibition, and unmindful Of the
rights Of the Central Railroad and Banking
Company and It's stockholders. and for
the purpose Of using the company as a
part Of their scheme OF consolidation
and part Of their basis Of credit, that, any
request to the board Of directors in the in
terest Of the minority stockholders would
be utterly disregarded.
by reason OF the voting power of the
10000 shares OF stock, nominally held by
the Central Trust Company, but really con-
trolled by the Richmond and West Point
Terminal Railway aud Warehouse Com
pany. any effort to get relief at
any meeting OF the stockholders
would be equally futile, and it is
impossible as your oratrtx believes,
for the minority stockholders or any OF
them TO take any steps within the COM
pany through its board or by it's stock
holders to remedy the acts complained OF.
THE PRAYER.
Wherefore, being remedies except 10 q
court OF equity, your oratrix prays:
II. That the parties named as defendants
herein be made such by the process of the
court, and that subpoenas do issue against
-. That the pretended lease Of the Central
Railroad aud Banking Company TO the
Georgia Pacific Railroad Company, hereiD-
before fully set forth. be set aside, declared
null and void, and that tbs Georgia Pacific
Railroad Company, Richmond and Dan
vile Railroad Company and Richmond and
West Point Terminal Railway and Ware
house Company and its directors, herein
made defendants, be ordered and decreed to
lsl. a
assets Of the Central Railroad and Banking
Company to a receiver to be appointed by
this honorable court as hereinafter prayed
for"
The third item requests that the 10000
shares of Central railroad stock now held
by the Central Trust Company of New
YORK. be put in the hands Of the receiver ap-
pointed by the court, to be used for the
benefit Of the stockholders Of the road, and
that the defendants be restrained from
any further dealings with the stock and
from transferring the same.
The fourth item requests that some fit
aud proper person be appointed
receiver by the court to take charge
Of the railroads, property and franchises Of
the Central Railroad and Banking Com
pany OF Georgia, and Of the Ocean Steamship
Company, and of the'40, 900 shares of stock
nominally held by the Central Trust Com
pany Of New York and that the receiver be
directed to operate the properties under the
direction OF the court
AN ACCOUNTING ASKED FOR.
The fifth item is as follows:
THAT an accounting be ordered between
the Central Railroad aud Banking Company
and the Georgia Pacific railroad and the
Richmond and Danville and the Richmond
and West Point Terminal Railway and
Warehouse Company and that they be de-
creed to pay to the receiver Of the court all
such sums Of money as may be
found to be due to the Central
Railroad and Banking Company
for the use OF all the property acquired by
them under the pretended use, and for all
deterioration In value which may have
resulted in said property from their negli-
gence or their use of the same and that they
be required to pay off and discharge any
and all liabilities which may have accrued
or arisen against the Central Railroad and
Banking Company through their pos session,
use and operation of said property"
The sixth item requests that the Georgia
Pacific railroad, Richmond and Danville
railroad and Richmond and West Point
Terminal Railway and Warehouse Com
pany be enjoined temporarily until the
hearing, and perpetually thereafter, from
maintaining possession and from OPP
ties Of the Central railroad, and that the
defendants and Central Trust Com
pany eperpetually restrained and enjoined
from voting the 10000 shares of stock held
by the Central Trust Company.
THE LEASE TO COME INTO COURT.
The seventh section asks that the de-
PENDANTS be required to produce under oath
at the hearing of the application every con.
tract, agreement, lease and memoranda
which are in writing aud which are referred
TO in the bill for injunction, particularly
the following: First, all written contracts
traffic agreements, leases and all other writ
ten contracts by which the Richmond and
Danville railroad and the Richmond aud
West Point Terminal Railway and Wares
house Company operate or control the lines
OF railroad as set forth in the third, fourth,
fifth and sixth sections Of the bill
second, all written contracts, traffic
agreements, leases, etc., by which the
Central Railroad and Banking Company
operate or control the lines of railroad set
forth in the second section of the bill:
third, all the written contracts, leases.
agreements, ETC., by which the Richmond
and Danville railroad aud the Richmond
and West Point Terminal Railway and
Warehouse Company control and operate
the Georgia Pacific railroad; fourth, all
written contracts and agreements between
the incorporators OF the Georgia company
and the party or parties to whom said
charter was transferred, as well as those be
tween the Richmond and Danville Railroad
Company and the Richmond and West
Point Terminal Railway and Warehouse
Company, touching the transfer OF the stock
OF the Georgia company, of the 40, 600 shares
of stock Of the Central Railroad and Bank
ingCompany and herighJ to control the vote
of said shares OF stock of the Central rails
road fifth. all the contracts, etc.. between
the various railroad corporations named by
which it is claimed that the Central Rail-
road and Banking Company is leased aud
controlled, and sixth, all written contracts
and agreements between the Central Trust
Company and the Georgia company as to
the transfer of the Al, 900 shares OF stock or
any part thereof.
THE ORDER OF THE COURT
Judge Speer's order is as follows:
AT CHAMBERS March g. 1892
Upon consideration of the foregoing bill and
the sworn avermeats, 1t is ordered that the
defendants within named show cause before
the undersigned, judge of the circuit court OF
this circuit and district at the United States
court room in the city OF Macon on March Ia,
1892, at 10 oclock a. m, why the injunction
prayed for should not be granted pendente lite,
and why permanent receiver of the property
aud assets Of the Central Railroad and Bankin z
Company OF Georgia should not be granted as
prayed.
In the meantime E. P. Alexander is appointed
temporary receiver 0 { the Central, of all the
property and Assets OF the said Central Railroad
and Banking Company Of Georgia; 1t is ordered
however, that the ordinary business OF the said
Central Railroad and Banking Company and It's
connections shall be continued and conducted
uSual and until furthar Ordar urithout oh