The morning news., 1892-03-29

possession Of the said railroad snd other prop
pany OF Georgia at tie time OF the ding OF said
OIL, has by its pleadings Rband oned the posses
sion OF said railroad and property to the court
and the stockholders OF the Central Railroad
end Banking Company OF Georgia, and has re-
linquished all right TO have said property re-
stored to said Richmond and Danville Railroad
Company under any claim arising out Of the
alleged lease attacked by the bill Of the COM
plainantsi and it further appearing 70 the
court that the Central Railroad and
Behking Company OF Georgia by its amended
answer has submitted itself to the jurisdiction
or the court as to the course 1t shall pursue In
references TO the alleged contract aud lease OF
its property to the Georgia Pacific Railway
Company, and prayed the direction and instruc-
ton OF the court in the premises, and expressed
its Willingness TO resume possession OF its prop
erty and the management Of its said railroad;
and 1t further appearing TO the court that 42 2G0
shares OF the stock OF the said Central Railroad
and Banking Company Of Georgia is carried on
the list OF stockholders or said Central Rail-
road and Banking Company OF Georgia In
the name OF the Central Trust Company Of
New York, the voting power of the same being,
however, exercised by the Richmond and West
Point Terminal Railway and Warehouse Com
pauy. and has been so exercised by said last
mentioned company since January. 1855. and II
further appearing TO the court that the acqusi-
tlon and holding of said 42,200 shares as above
set forth, the same constituting a majority OF
the stock OF the Central Railroad and Banking
Company of Georgia, for the purpose OF keep
ing perpetual control Of the same, was and is
the laws Of the state OF Geor.
gia; and It further appearing that
the present directors OF the Central Railroad
and Banking Company of Georgia were elected
at an election In which the vote of said 42,2O0
shares Of stock controlled 1t Ii therefore or
dered and ad1udged:
I. That said Central Railroad and Banking
Company of Georgia and les directors are en-
md Na
ing the said Central Trust Company of New
YORK., or the said Richmond aud West Point
Terminal Railway and Warehouse Company, or
any other railroad company competing with
the Central railrc ed OF Georgia that may. pend
ing this order, acquire ownership OF
said stock, from voting said q, 900
shares Of the stock of said Central Rail
road and Banking Company Of Georgia
at which the holders OF the stock OF the said
Central Railroad and Banking Company OF
deorgia are entitled 10 vote under their charter.
IL is further ordered that f. p Alexander,
Joseph Hull, Z. p. Howell, James Swami, J. K.
Garnett, A. Vetsburg, Charles II. Phinizy H. T.
lnman, George j. Mills, Henry r. Jackson and
U. b. Harold be and they are hereby appointed
receivers Of this court Of the railroad property
Banking Company of Georgia, to take
charge OF the same and 10 operate said
Central railroad with the usual powers granted
to receivers OF railroads until there can ba q ro-
organization Of said board Of directors Of said
Central Railroad and Banking Company OF
Georgia under and in pursuance of the provi-
sions OF the charter of the said Central Railroad
and Banking Company of Georgia. and OF the
order of this court hereinafter made and 20
turn over said railroad and said property and
assets to said newly elected board OF directors
when the same ehal be organized as aforesaid
upon the further order OF the court. Such re-
celvers so appointed are here dispensed with
giving bond, but are directed to take an oath
for the faithful performances Of the duties Of
receivers until released by the court, or some
officer duly authorized to administer the same
Il. p. Alexander, Esq, heretofore appointed
temporary receiver OF this court, shall immedi-
ately turn over to the receivers hereby ap-
pointed, all aud singular. the assets OF the Cen
trai Railroad and Banking Company OF Georgia
in his hands, and all obligations or liabilities
when arising ex contract ex deiicto. which
may have been incurred by him in the adminis-
tration Of the trust conded to him in this cause.
aud all accounts for current expenses due by
the said Central Railroad and Banking Com
pany of Georgia. including claims for personal
injury and freight claims. and all such other
accounts and claims as are usually settled from
day to day in the ordinary course of business,
shall be assumed and discharged in the regular
course by the receivers hereby appointed.
1t Is further ordered that said receivers shall
comply with the orders Of this court heretofore
made In reference TO paying the employees who
operated the railroads OF the Central Railroad
and Banking Company OF Georgia, while the
same was in the possession of the Richmond
and DanVille RallrOau Company Inc ultimate
Liability for the payment OF tue same as between
said companies and the Georgia Pacific Railway
Company being reserved.
II is further ordered that said directors herein
appointed receivers as aforesaid shall have and
exercise in the operation of said railroad and In
the c6nduct OF the ordinary business OF said
company, all the powers belonging
to the directors of said com
the said charter aud by laws OF said company
not inconsistent with this order nor the pos
session OF said property by this court, and that
as directors of said company they shall have
the power to elect president, aud to fill any
vacancy or vacancies In their number in the
same manner as provided for the filing OF va
cancieS which may occur by resignation or
otherwise In the board, under the charter but
shall not pledge or dispose OF any OF the securi-
ties of said company to raise money. without
the approval of the court, except In the regular
course of business.
It is further ordered that an election for
directors of the Central Railroad aud Banking
Company of Georgia shall be held at the
principal Office OF the company. In the city OF
Savannah, on May g, 1892 at such hours as may
be fixed by tue charter aud bylaws OF the com
pany for such election, and that at SAID elec-
tion no votes shall be received in behalf of the
$4,000 shares Of stock standing on the name OF
the Central Trust Company of New York and al
legged In the bill to be controlled by tho Rich
mond and West Point Terminal Railway and
Warehouse Company unless upon a bona
fde transfer OF the same approved
by this court. ana thai the directors
elected by the stockholders at such
election shall upon their qualification constitute
the board Of directors Of the Central Railroad
and Banking Company of Georgia until the
next election.
1t Il further ordered that the receivers herein
appointed shall also take possession of and
operate all the property and assets OF the
Ocean Steamship ompany of Savannah, the
New Ennlend snd Savannah Steamship Com
pany. the Savannah and Western Railroad
Company and the Montgomery and Eufaula
Railway Company in the same manner as is
above provided for as part OF the assets and
system Of the Central Railroad and Banking
Company OF Georgia.
1t Is further ordered that the costs Of this
suit. exclusive of counsel fees, shall be advanced
by the receivers. the ultimate liabilities for the
same to be hereafter determined.
The question Of counsel fees for the com
plainants solicitor Is not passed on at this time
DoN A. PARDEE, Circuit Judge.
EMORY SPKER, District Judge.
Macon, Ca, March 23, 1922.
COMING BACK TO SAVANNAH.
ATLANTA, Ca, March 28.--Oficial notice
has been received from Edward McIutyre,
controller, that the Central railroad aud
itor's department will be removed to Savan-
nah in few days.