The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-13
THE Cd. KNOCKEDOUT.
JUDGE PARDEE sUsTAINS JUDGE
sPEER'S JURISDICTION.

cure Control of the Road Without
Assuming ANY Liabilities-A Resume
of the History of the Case.
Judge A. P. Adams returned 60 the city
yesterday with the full text of the order de-
hvered by Judge Pardee Thursday, settling
the vexsd question OF the receivership con-
troll of the Macon and Northern railroad
The order decides in favor Of the jurisdic-
ton Of Judge Speer's court OF the Southern
district Of Georgia, and retains the railroad
in the control of the original board
Of control recognized and appointed by
Judge speer.
This scores a victory for the Central rail-
road In the first tilt in which the issue was
decisively made between the Central rail-
road and the Richmond and Danville, and
is doubtless forerunner OF similar vloto-
ries.
The Macon and Northern, it will be re-
membered, was jointly leased by the Cen
trail railroad and the Richmond and Dan
vile. When Mr.. Conner was appointed re-
oeiver OF the Central railroad he arranged
with the management of the Richmond and
Danville for the appointment OF
board OF control which should operate the
Macon and Northern as a neutral line aud
show no Partially to either lessee. This
was agreed to by the Richmond and Dam
vile, and the members of the board OF CON
troll agreed upon were appointed by Judge
Speer, thus becoming officers Of his court.
Recently petition was filed with Judge
Newman Of the United States court OF the
Northern district of Georgia, in the name
of one Edward Van Name of New York.
representing that the lease Of the Macon and
Northern had been abandoned by the
Richmond and Danville and the
Canfral RAILROAD that fha rnad alOut
TO default upon the interest upon its bonds
and that IL was daily getting deeper into
debt from which there was little possibility
Of extrication, all of which.t is claimed was
the grossest Misrepresentation.
In response to his petition Judge Newman
appointed JepthA H. Rucker of Athens as
receiver for the Macon aud Northern Re-
ceiver Conner of tho Central rail-
road was unaware of all this
until the appointment Of Mr..
Rucker as receiver was announced. he
Immediately recognized this move as an
effort upon the part Of the Richmond and
Danville TO obtain control OF the Macon and
Northern without becoming responsible for
the interest upon It's bonds, or assuming Its
liabilities.
Efforts were at once taken to nullify the
action Of the Judge OF the Northern circuit,
and Judge Speer notified the officials and
employees of the Macon and Northern rail
road that the road was still under his juris-
diction. This brought on muddle which
soon became serious.
JUDGE ADAMS MEETS JUDGE PARDEE,
Judge Pardee Of the circuit court was
found at Wadsworth. O., by Judge Adams,
representing the Central railroad. and Dis
trict Attorney Marion Erwin, representing
Judge Speer's court.
The facts Of the case were presented to
him and he issued the order as stated, re-
vsrsing Judge Newman and restoring the
Macon and Northern railroad to Judge
SDeer's jurisdiction.
Judge Pardee's action was invited by
both Judge Newman of the Northern dis
triot and Judge Speer of the Southern dis
trict. 1t is set forth in the order that it is
based upon the consideration that the Ma
con and Northern railroad lease is valu
able part of the assets OF the Central rail-
road and that under the terms OF the order
passed by Judge Speer of the southern dis
tr1ct IN the case Of Mrs. Rowena M.
Clarke ct al, appointing receivers
for the Central Railroad and Bank
ing Company, the road passed
under the control and administration OF the
circuit court of the Southern district of
Georgia and further that the bill filed in the
Northern district OF Georgia by Edward
Van Name was brought without consuta-
ton with other bondholders and without
any request to the trustee for the bondhold-
ers to take action and ignores the provis>
ion of the mortgage under which Van
Name makes his claim and Is premature
and apparently based upon misapprehen-
sion OF the facts in the case.
''And being advised" says the order,
shat it is the intention of the Cent? al Rail-
road and Banking Company OF Georgia and
its receivers to preserve the valuable inter-
ests acquired by the said Central Railroad
and Banking Company of Georgia in the
Macon and Northern railroad under the
terms Of the lease aforesaid, and notwith-
standing any default on the part of the
Richmond and Danville to promptly make
all deposits and payments required by said
lease, and not in any wise make or allow
default therein IL allowed the possession and
control OF said Macon and Northern rail
road as covenanted In said lease" 1t is Or
dered that the order of July 81, 1899, issued
by Judge Newman appointing ]. H .Rucker
temporary receiver of the property and as
sets of the Macon and Northern railroad,
with directions to take immediate posses
sion of the same, is suspended until there
shall be default on the part Of the Cen
trail Railroad and Banking Company in
complying with the conditions Of the lease.
MUST TURN OVER THE ASSETS.
IL is further ordered that Temporary Re-
oeiver J. n. Rucker deliver without unneces-
sary delay TO N. E. Harris, president
of the board Of control of the Macon and
Northern, possession OF the Macon and
Northern railroad and its assets, SO far as
he has acquired the same, under his order,
and all moneys and effects which may have
come into his possession as temporary re-
ceiver, and to desist from all interference
with the possession and control as tempo
rary receiver Of the Macon and Northern
railroad and property until further order Of
the court.
The order is explicit and complete and
nothing further could be asked. 1t knocked
the Richmond and Danville out in one
round.
Receiver Conner said yesterday that IL
the Richmond and Danville should default
upon its obligations IN connection with the
Macon and Northern lease that the entire
obligation would be assumed by the Central.
which would then take entire control of the
Macon and Northern. This is not very
likely, however.
The Macon and Northern might be made
very valuable branch for either the Cen
trial or the Richmond and DanvilIe. IL
would put either road right into the others
territory.
hearing had been set by Judge New
man for the case on Aug. %, when he ex-
pected to have one OF the circuit Judges with
him As this tied up all the moneys and as
sets OF the road until that time