The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-05-02
LITIGATION PILINC UP.
Alexander Brown & Sons Want a
New Receiver for The Central.

Few Amendments-CaseS Assigned
for Hearing in the United States
Court-An Answer From the Central
Trust Company.
Central railroad litigation continues to
pile up in the United States courts. 1t
was augmented yesterday by the addition
of Is or 100 pages of legal cap, containing
the complaints and petitions Of various
parties interested in the suit.
The most noteworthy bill filed was that
of Alexander Brown q Sons of Baltimore,
through their attorneys Leopold Wallach
of New York and Calhoun, King q Spald-
ing of Atlanta, asking that Mr.. Corners
receivership be vacated, that a new re-
ceiver or receivers be appointed to take
charge of the entire property, and that
new foreclosure proceedings under that
bill, to include the entire property, inclu-
sive of the Macon and Northern and the
Chattanooga, Rome and Columbus rail
roads, be instituted. These parties
were given permission to file this
bill by Judge jackson as one dependent on
those of Rowena Clarke and the Farmers
Loan and Trust Company vs.. the Central
Railroad and Banking Company.
THE DESIGN OF THE BILL.
The bill of Brown & Sons goes into a
long and detailed statement of the con-
dition of the Central system and its ad-
ministration under the reCeivership of
Mr.. Conner and states among other things
that they are the owners of 81 10000 of
bonds of the Macon and Northern road
which have been indOrscd by the Central
along with the bonds of the Chattanooga,
Rome and Columbus upon all of which
bonds the Central has defaulted in the
payment of interest. o 1t mentions
also numerous other defaults, and goes on |
TO state that the Macon and Northern has |
been left out under the plan of reorgani- |
cation, that the Central was not insolvent |
when the property was put in the hands |
of a receiver and that the receivership |
was unnecessary.
1t charges that a large part of the |
money represented by the floating debt |
has been used for purchasing rolling |
stock and other equipments, and states |
that they as parties to the suit are inter- |
ested in the removal of the embarrass- |
ments, unlawful contracts and other |
complications which have been thrown |
around the property.
CHARGES AGAINST THE RECEIVER.
The bill charges that the suits now pend |
ing in the city court on the certificates of |
Indebtedness were instigated by the re
ceiver, and says they have been termed |
friendly to the property.
Not only that, but it charges Mr.
Conner with instigating the concealment
of the suits, and states that the object Of
such cOnCealment was to thwaPt the |
Judgment of the United States circuit
court in case its decision was adverse to
the Central. Mr.. Conner, it states, has
assumed partisan attitude in the CON
duct of these suits, and on this account. it
a ha fe % h.,
continued as receiver of the property
1t further charges Mr.. Conner and Hol-
Inns & Co with conspiring together for
the purpose of carrying through their
plan of reorganization, and TO sell the |
property in violation and disregard of the
and rights of the security hold
ers therein.
WHAT THE BILL ASKS.
For these reasons and many others
which have often been enumerated in the
accounts of this litigation, Brown &
Sons ask that the suits in the case all be
and stand as one suit in the
court of the Eastern division Of this dis
trict
They ask for a decree of sale of the
whole property as a unit, including of
course, the Macon and Northern and the
Chattanooga, Rome and Columbus,
in which they are interested,
upon all the outstanding indebted
ness, that the contract between Receiver
Conner and Hollins & Co. of Jan % be
declared null and void that the receiver
ship of Mr.. Conner be vacated, and that a
new receiver or receivers for the property
be appointed, who shall take charge of
all the securities in the possession of Hol- !
Inns & Co. and the Mercantile Trust Com
pany
Brown & Sons also ask that the Mercan-
tile Trust Company be enjoined and re-
quired TO deliver all the assets in its DOS
session to such receiver as may be ap-
pointed under this bill, and also that an
accounting of the assets and liabilities of
the property be made to him. They further
ask for such relief as may be required for
the preservation of their interests.
This seems to be the same old story of
the attempt to remove the present re-
ceiver, with the addition specifying that
they desire q new receiver appointed and
a different foreclosure than the one now
Brown q Sons is the firm
which, along with Simon Borg & Co. and
others of New York, applied to Judge |
jackson for staying of the foreclosure
which was temporarily
granted.
CASES ASSIGNED FOR HEARING.
The United States court convened YES
terday morning at 10 o'clock for the pur-
pose of assigning several cases on the |
docket for hearing during the May term.
The intervention of the Eatonton branch |
road asking for a Judgment for rental due
by the Central was postponed on applica-
tion of Messrs. L.awton & Cunningham
The case of J. and II. Mann VS.. Bennett
Hymes ct al, was set for a hearing this |
morning at 10 o'clock.
The case of the Propeller Towboat |
Company VS.. the steamship Pawnee. will
come up on Wednesday morning, as will |
also the intervention of the Brush Electric |
Light Company in the Rowena Clarke
case VS.. the Central railroad.
On Thursday the case of Waldron 81
Tamter VS.. j. II. johnson and on Friday
that of James McCalder VS.. Cole, Simp-
kins & Co. will be heard Several other
cases will be assigned to-day.
Judge Speer announced that he would
render decision to-day in the case of
Robert w. lnman VS.. the Darien and
Statesboro railroad, which was an appli-
cation for a receiver. The United States
MIR. Frank Leverett, will arrive
to-day.
TOO MUCH LITIGATION.
The Farmers Loan and Trust COMPANY
is getting tired of the litigation that Is
being put in the way of the foreclosure
proceedings which they have instituted.
and, through their attorneys. they filed