The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-06-05

| which geek the restoration of said stock to
said Central Railroad Company. And now your
orator shows to your honors that when the rep
resentatives of said Richmond and Danville
company realized that WHILE by reason of their
ownership of the majority of the stock of said
Central railroad, they we're able to select Its
president and directors and to shape its policy
and to secure said lease, they still could not OBJ
the of its securities as they Desired nor
cxactnor rely upon the subservient cooperation
of said president and directors, said Richmond
and Danville representatives then began to in
dictate their dissatisfaction with the lease, and
their desire to get rid of it, and to threaten its
abandonment.
8. That on March 3, 1852, Mrs. Rowena NJ
Clarke, claiming to be the owner of fifty shares
of the stock of the Central Railroad Com 1any,
filed in this court her bill Of complaint against
said Central Railroad Company and the Termi-
nal and Richmond and Danville and Georgia
Pacific companies, assailing said lease as illegal
and void, and praying for the appointment OF
receiver of said Central Railroad Company and
for other relief. and, thereupon the counsel,
who represent the Terminal and Richmond
and Da willie companies, filed their
answers for said Georgia Pacific
and Richmond and Danville companies. In the
answer of said Georgia Pacific. company they
allege that IAN instrument in writing which
purported to be a lease of the properties of the
Central Railroad and Banking Company to the
said Georgia Pacific Railway Company" was
signed by Joseph Bryan, the president OF the
latter company, but that the said Bryan was
not authorized, nor was the said board OF dl-
rectors authorized, to become such lessee com
pany by any resolution or other action OF the
stockholders of this defendant tsaid Georgia
Pacific company nor has the same been
since ratified. approved or sanctioned by
any resolution or other action OF said
stockholders nor has the same been submitted
to the said stockholders at any time for their
approval, sanction or ratification. For this and
other reasons. it is claimed that said instrument
in writing has not created valid contract bind
ing upon this defendant, and this defendant
submits the question OF whether any liability or
responsibility has been created blythe said in
strument in writing to this honorable court for
adjudication Said answer further AYERS as
follows: ION the 18th day of December, in the
year 1888, this defendant entered into an agree
meut with the Richmond and Danville company
by which it leased to the latter all OF
its lines of railway and other prop
erty, and in pursuance of which
it delivered possession of the same, and since
that date the same has been operated exclu-
sively by the said Richmond and Danville COM
pany. Since said time this defendant has not
been in possession Of any OF It's own lines OF
railway or other property used In connection
Herewith, nor has it carried on any business as
a common carrier, nor operated any lines or
railroad whatsoever This defendant has not,
under said alleged contract with the said the
Central Railroad and Banking Company OF
Georgia. been in possession at any time OF any
of the property mentioned therein, nor has it
assumed or exercised any control over the
same, except that on or about the first day of
June, 1891 it .requeste1 the Richmond aud
Danville company to assume the control and
management of the property of the Central
Railroad and Banking Company with which
request the said Richmond and Danville Rail
road Company complied. This defendant has
no means of knowing, and does not know. what
property, IL any, of the Central Railroad and
Banking Company is nov, or ever has been, in
possession of the said Richmond and Danville
Railroad Company under said alleged contract
of lease of date June !. 1891. and Knows nothing
of the dealings In pursuance thereof between
said Central Railroad an Banking Company
of Geo gia and the said Richmond and Danvllle
Railroad Company. the answer of the said
Richmond and Danvie Railroad Company
AYERS as follows: That on or about June ],
1891, at the request of the Georgia Pacific Rail-
way Company, this defendant assumed the
task of managing and operating the railroad
and steamship lines of the Central Railroad and
Banking Company, and has since managed and
operated the same until the appointment of e.
2. Alexander the receiver in this case. When
this defendant was served in this case, however,
and discovered that objection was
mept aud operation by this company
of the said railway and steamship lines, IL inn
mediately relinquished possession thereof to the
receiver appointed by the court to all OF the
same" Said answer further AYERS that said
Richmond and Danvle company held valid
and subsisting claim against said Central Rail-
road Company for moneys advanced for its use
far exceeding the sum of 5000 and prAys
that the action of the Richmond
and Danville company in surrender
ing the possession Of the property Of
said Central Railroad Company to said receiver
may be ratified and confirmed TO all intents and
purposes, and that it may have decree in its
favor against said Central Railroad Company