The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-03-25
pIscHARGE OF rHE sHoP HANDS.

tAC AC00GLAOn VI tlc lOECCS OI kUc IklOQ~
mond and Danville in January; that since
the reduction Of the forces the shops had
not been able TO keep la condition the run
ming engines Of the road
Mr.. Ringgold, the foreman OF the paint
shop at Macon, certified in his affidavit as
to orders to change the lettering of the cars
brought INTO the shop for repairs from
Central to "Danville."
Mr.. Anderson, foreman Of the Macon
shops, testified TO the wholesale suspension
of forces in che shops. He said the letter
ing on eleven engines had been changed in
the Macon shops, the Identification marks
being retained by order of the Richmond
and Danville. The instructions were not
countermanded by the Richmond and Dan
vile until the fling of the bill.
E. E. Anderson, trainmaster of the
main stem, testified that numbers Of Rich
mond aud Danville cars were ordered out OF
the division after the fling Of the bill to
North Carolina. A number of kilograms
TO Mr.. Anderson ordering cars TO the north
were read. Three Central oars were among
the nunber.
Afldavits of Rebecca Hesseltine and
Frances Hesseltine as to non-collusion were
fled.
THE UNPAID ACCOUNTS.
Mr.. Erwin desired the court to take
judicial knowledge of the fact that since the
filing of the bill the Richmond and Danville
had thrown the control OF the Central upon
the court and that there are between $780,
600 and 81 ,000,0U0 outstanding accounts
against the Richmond and Danville In this
state.
Judge Pardee said the court would take
notice of these facts.
THE GEORGIA PACIFIC's ANSWER.
Capt. jackson read the answer Of the
Georgia Pacific railway to the BILL 1t
speaks for itself, and shows which way the
wind blows. 1t admits that on June /,
1891, au instrument in writing, purporting
to be a lease of the Georgia Central TO the
Georgia Pacific, was signed by Joseph
BBryant, president of the Georgia
President Bryant nor the board Of
directors of the Georgia Pacific were au-
thorized to make the lease, and, further,
that the lease has never been submitted to
the stockholders for their appraval sanction
or ratification and consequently is not a
binding contract 1t says that the Georgia
Pacific was leased TO the Danville Dec. 10,
1888, and since that time has not been in
operation of its own lines or any lines what
ever; that it has not been in posses
sion of any property of the Georgia Cen
tral nor assumed any contract over the
same except that about June l, 1891, it re-
quested the Danville company TO assume
the managsmenI of the Central, but knows
nothing further about it. The answer was
sworn TO by M4. Rutherford. first vice
president Of the Georgia Pacific,
ANSWER OF THE DANvILLE.
Capt. jackson then read the answer of
the Danville company. 1t was short, but
by no means proved sweet in, the mouths of
the Central directors It Is as follows:
"On or about the first day of June, 1891,
Of fhar fh.
this defendant assumed the manage
ment of the railway aud steamship lines of
the Central Railroad aud Banking Com
pany, and has since managed and operated
the same until the appointment of E. Z.
Alexander as receiver. When this de-
fendant discovered that objection was made
by said railway and steamship company it
Immediately relinquished possession of all
the property aud lines of said company.
All the other allegations, which are not ex-
pressly admitted herein, the defendant does
not admit, and denies ell unlawful
combinations and conspiracies; and this
defendant prays that the parties
plaintiff may be held 10 strict proof of the
allegations. This defendant holds a strict
and valid claim against the said company
for money far exceeding the sum of $780,
900, which is now due and unpaid This de-
fendant now prays that IN surreudering
possession Of all the property of the Central
Railroad and Banking Company to e. P.
Alexander, receiver, first. that it may be
ratified aud affirmed to all in ents and pur-
posed; second, that it may have decree
in its favor for the said sum of $500, ,000."
This is sworn to by the president of the
company.
LAwToN & CUNNINGHAM'S ANSWER.
Mr.. Lawton read the answer of the de-
fendant, the Central Railroad and Banking
Company, fled at the hearing March IA, Of
which synopsis has already appeared
in the MORNING NEWS.
Mr.. Lawton followed this with the SUPP
plemental answer of the defendant to the
Intervention of Maj. Bacon made March IA.
The supplemental answer is as follows:
Items l, 2, 8, 4 and are mainly
denials Of charges and a repetition Of
allegations in the original answer.
The sixth item answers that the charges
of defacing all the Central cars and chang
ing them to Danville has already been ex-
planned by Gen. Alexander.
The seventh item admits that the revenue
derived from the operation of the Central
went into the treasury of the lessee COM
panY and inquiries where else the complain
ants expected them to 60. 1t AYERS,
however, that out of its treasury
the lessee company has paid
all sums due under the lease, in
cluding the fixed charges, rental money
and dividends, and believes that the
amounts so paid out are greater than the
profits received by it from the operation Of
the property. The ninth item Includes this:
$50 far as the operation of the Central
railroad system by the Richmond and Dan
Vile is concerned, this defendant AYERS
that all It knows about the arrange
ment between the two companies is that
on the execution of the lease a
circular was issued by the president of the
Georgia Pacific announcing the lease, and
that the properties assumed Hereunder
would be operated by the Richmond and
DanvilIe for the account Of the Georgia
Pacific, and this defendant having no OBJ
lection to this course has not thought it
necessary to inquire into the nature OF the
contract between these companies, it being
none Of the defendants business.
BAD FAITH DENIED.
The tenth item denies all charges of i'm
proper operation and bad faith in the carry
ing out of the lease up to the time of the
filing of the bill.
The sixteenth and seventeenth items ups
hold the bond.
The twentieth item holds that reduc-
tion of forces was necessary on account of
decreased business.
Gen. Alexander's affidavit Is attached TO
the bill as to the temper of vAe facts stated.
Mr.. Lawton followed this with the answer
of the directors, Gen. Alexander, Henry
r. jackson, u. B. Harold. q. n. PhInizy,
George J. Mills, Joseph Hull, K. p. Howell,
A. Vetsburg and J. X. Garnett, Gen. Sor-
rel having never qualified as director, de-