The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-06-05
ARECEIVER APPLIED FOR
THE CENTRAL'S INJUNCTION
AGAINST THE R. AND D.

|
Judge Speer to Hear the Case at
Augusta June 17-President Conner
Takes the Step to Secure Settle
ment of the Centrsrs Claims-Ihs
Charge Against the Richmond and
Danville.
AUGUSTA, Ga, June 4.-The Richmond
AMI Danville railroad authorities here were
served to-day with an order from Judge
Speer requiring the Richmond and Danville
to show cause June II why a receiver
should not be appointed for the company.
The bill for receiver was filed in the
United States court here by II. NJ. Conner,
president Of the Central railroad, through
the company's counsel, Capt. d. G. Gun
bingham.
The order was applied for in Macon yes
terday and was made returnable in Augusta
as the terminus of the Richmond and Dam
vile 10 the circuit in which Judge Speer
presides. The bill is as follows:
To the Honorable the Judges of the Circuit
Court of the United States for the Southern
District Of Georgia, Northeastern DiUlsion;
The Central Railroad and Banking Company
OF Georgia, a corporation created, organized
and existing by and under the laws of the state
OF Georgia, and citizen Of said state, having
Its principal Office at Savannah, in said South
ern district, and being resident of said South
tIh district, brings this, its bill, against the
richmond and Danville Railroad Company, a
corporation created, organized and existing by
anu under the laws of the state of Virginia, and
citizen of said state of Virginia, and having
an Office and place of business and operating a
Falroad at Augusta. in said Southern district
OF Georgia. and in the Northeastern division
and says:
l, That heretofore, to wit. on June /, a,
T. 1891, your orator executed a certain in
aenture of lease, demising for the term Of
ninety nine years, to the Georgia Pacific kali
way company, its various railroad and steam
slIp lines, and all property used in connecting
herewith and the income from the stocks and
oohus which it owned and all its property aud
assets OF every kind except its banking house
aHu BUSINESS at Savannah, the railroad, steam
I PUP lhes and other property embraced in said
4ease, being as follows:
: That while said lease was made nominally
70 the said Georgia Pac fc Railway Company.
GHe real lessee was the Richmond and Danvllle
haIiroad Company. (which at that time con
HoLtd and operated, as il now does, said Geor-
ga taclfic Railway Company under a leaS ,
winch vests in said Richmond and Danville com
pauy the absolute control, management and
SpeIStlon or said Georgia Pacific company.
Da9 lease SO executed by your orator. as afore-
SAD was procured by said Richmond and Dan
bn-e company and was made for its
SuI alone, and upon It's execution said rail-
doau and steamship lines and properties
s Sssg hated therein at once passed into the pos
TTSssioh,use and control of said the Richmond and
tDSauvllle company, and remained until the
Me abandonment of the lease by that company
Iarch a, 1899 Said Georgia Pacific was at the
t tlhe OF making said lease, and still is hope
t. 'ssy lns9lvent and irresponsible corporation.
a. derived no benefit from the lease, and has not
a. any time had, or Gained, any interest there
~ u oelng well understood throughout by all
paL ISs mat the real lessee was the Richmond
s gu Danviile company, which Immediately as
i1ulneu tne possession us4 and operation of the
,9ased properties, and which likewise assumed
a. Ile obligations of the lease and all liabilities
Nul uuties as lessee under said lease.
mat at the time of the executions of said
ease sad Central Railroad and Banking Com
pauy OF Georgia was controlled by the Rich
VIM VIM and West Point Terminal Railway and
waIehouse Company, nominally Virginia
NJ NJ, pofatlon. which owned 40, 600 shares. being
10 yorl'y OF the stock of said Central railroad,
oil winch also owned, practically,
OF the stock of said Rich
ILLouu ana Danville Railroad Company and
DC greater part of the stock of the Georgia
nacinc Company. About the year 1887, certain
a1G attracted by the splendid condition
Tooa prospects of said Central rail
quo, combined for the purpose of
sn45ulrglhg controlling interest therein
~ W. Vi Perpetuating that control and, accord
s15 lucy purchased said 40 900 shares of stock
s 60 assl gned them to the Georgia Company,
N'EaIion organized in the state Of North