The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-02-12
THE DUAL RECEIVERSHIP
JUDGE SPEER AWAITING Mr.
PLANTS REPORT.

Nothing TO Be Done Until the Au.
thority OF One or the Other Of ths
Receivers of the Atlanta and Florida
Railroad Has Been Determined
Capt. Garrett still in Possession and
Refuses to Recognize Mr. Plants At
torney.
Considerable interest is being taken in
the upper portion of the state by the re-
Ownership fight between the stockholders
and creditors Of the Atlanta and Florida
railroad Capt 7. w. Garrett, superin-
rendent OF the road. was appointed receiver
upon petition OF the creditors by Judge
Marshall ]. Clarke Of Atlanta.
On the same day and probably very
nearly the same hour r. II. Plant Of Macon
was appointed receiver for the Atlanta and
Florida railroad by Judge Speer upon petit
ton Of the East Tennessee, Virginia and
Georgia railroad, to which the Atlanta and
Florida is indebted.
This gives the Atlanta and Florida rail-
road two legally appointed receivers. which
is one more than either the stockholders or
creditors DESIRE consequently there is a very
interesting legal complication on hand and
possible clash of authority. The question
Is as TO which court had the prior jurisdic-
ton.
WAITING FOR A REPORT.
Judge Speer was seen last night at the
DE Soto before his departure for Macon,
and was asked what is the real status of the
case.
II can state nothing to you,n said Judge
Speer, until | receive the report of the
gentleman whom have appointed receiver
W hen that report is filed l shall then
Judicially consider the facts which it
presents. II 1t should appear that the state
court has first taken jurisdiction of the con.
troVersy In the manner pointed out by the
law and settled by the decisions, of
course no officer OF my court will be
permitted to interfere for moment. By
q long course of decisions, so far as it could
De settled by one court, the policy in this
district OF rigid non-interference with mat
ters pending IN the state courts has been
fixed OF course, however, where it Is clear
from the facts that the officers of the United
States court, properly authorized, have
taken charge Of the subject matter of litig-
ton, the law would cast the duty of sup
porting their action upon the court.
CAPT. GARRETT NOT AUTHORIZED.
ut is not true, as stated, that have au-
thorized Capt. Garrett to act as receiver.
have done and can probably do nothing
until the report Of Mr.. Plant is filed, and in
no event will any action be taken without
due consideration aud the opportunity of
hearing TO the other side"
Judge Speer said he anticipated no sensa-
tlonal features or clash of authority in the
settlement of the matter.
In the meanwhile. Capt. T. w. Garrett is
holding the fort in Atlanta, aud states his
Intention OF remaining in charge until IL is
tudicially determined that he must get oHt.
Being on the ground when he was ap.
pointed, Capt. Garrett was the first to take
possession of the offices and accounts Of the
road.
Capt. Garrett had hardly taken possession
when Alex j. King of Calhoun, King
q Spalding attorneys, called with tele-
gram, announcing the appointment of Mr..
Plant by Judge Speer. Mr.. King stated bis
intention of taking charge of the Office for
Mr.. Plant. Capt. Garrett declined to re-
llnquish possession, and is still in charge,
awaiting the adjustment of the matter.