The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-05-17
A CO-RECEIVER APPOINTED.
R. ]. Lowry and H. N. Conner Now
Receivers Of the S. and ".

Judge Pardee's Decision Rendered
Yesterday and Filed in the Middle
Circuit Court Of Alabama-Mr. Ed
ward Mcintyre Appointed Special
Master to Take Charge Of the Roads
Accountants Savannah and West
ern viii Continue to Be Operated as
apart of the Central System.
According to Judge Pardce's decision
the Savannah and Western railroad viii
not be separated from the Central system,
but will continue TO be operated as a part
OF it under the same superintendent.
Robert j. Lowry of Atlanta is APP
pointed co-receivcr of the road with Mr..
H. NJ. Conner and Mr.. Edward Mcintyre
is appointed master to take charge of the
accounts of the two roads.
Several days ago Messrs. Cunningham
and Denmark for the defense and Judge
H. B. Tompkins for the plaintiff were
called to New Orleans by Judge Pardee
and a conference was held in regard to
the case for a separate receiver for this
road. A decision was reached and was
fled yesterday in the United States cir
cult court at Montgomery, Ala, which is
the court in which the case was pending
The hearing was held in Savannah for
convenience.
JUDGE PARDEE's ORDER.
Capt H C. Cunningham returned last
night from New Orleans where he had
been to attend the additional hearing that
was given the case on May Is. With him
he brought copy of Judge Pardee's Or
der which is as follows
This cause coming on to be heard before the
court at Savannah. Ga, on the 18th day of
April, 1898 upon motion Of complainant for
appointment Of separate receiver of said de
PENDANT corporation, and being argued by
counsel for complainant ana defendant; and
said cause coming on for further hearing at
New Orleans, La, on the 18th day of May,
1898 the court having reserved its decision,
and holding the cause under advisement after
the hearing at savannah.
1t is now upon motion of Henry b. Temp
kins, counsel for complainant, the defendant
corporation, and H. NJ Conner. receiver of the
Central Railroad and Banking Company of
Georgia, being represented before the court
by Henry @. Cunningham and b. A Denmark,
ESQS., ordered considered and Gdludged by
the court that said H. NJ. Conner of savannah,
Ga, and Robert j. Lowry of Atlanta, Ca be
and they are hereby appointed receivers Of
all the property, rights and assets.Of said the
Savannah and Western Railroad Company,
with the usual powers and duties Of receivers;
and that they shall assume the duties Of said
receivers upon giving bond in the sum of fifty
thousand dollars each, the bonds to be
separate and approved by a United States
judge in Georgia.
MR.. MINTYRE TO MAKE A REPORT.
It is further ordered that Edward Mcintyre
of Savannah be and he is hereby appointed
special master in said cause of the Central
Trust Company of New York VS.. the Savan-
nah ana Western railroad under the rules of
court applicable to special masters; and that
said Edward Mcintyre do proceed and make
a report OF all the property, right assets and
liabilities OF the said defendant corporation,
and do make and state full account of all
the property. rights and assets of the said de-
PENDANT corporation; and especially to state
the amount and character and kind
OF rolling stock and equipment belong
ing to said defendant corporation, with
the debts or charges thereon.
And that said special master do proceed
further to make and state an account of all
the other property, rights and assets of said
the Savannah and Western Railroad Com
pany, as the same is connected with or con
trolled by the said Central Railroad and Bank
ing company OF Georgia. said accounts to
be made within sixty days from this date and
submitted to counsel for complainant and de-
PENDANT in this cause, and copies filed in the
circuit court Of the United States for the
Middle district Of Alabama at Montgomery
for the Northern district Of Georgia at At
Ianta, and for the Southern district Of Georgia
at Savannah.
NOT SEPARATED FROM THE CENTRAL.
1t is further ordered that the said the Sa-
vannah and Western Railroad Company con
tinue until further orders of this court to be
operated as part OF the system OF the Cen
tral Railroad and Banking Company Of Geor-
gia under the present general superintendent,
or such successor as both receivers herein
appointed may agree upon, in all respects. as
the SAID properties are now operated and
managed. DON A. PARDEE,
May Is, 1898.
1t will be seen from Judge Pardee's
order that very little, if any, change will
be made in the status of affairs The Sa-
vannah and Western viii continue to be
operated as a part Of the Central system.
though the accounts of the two systems
of railroad are to be kept separate by Mr..
Edward Mcintyre, who has been ap-
pointed especial master in the case, and
they are to be kept separate. This and
the co-receivership are the only changes
that have been made.
The decision seems to be entirely favor
able to the Central's interests, although
concession is made to the outside bond
holders in the appointment of MI Lowry,
who will look after the affairs of the road
In their interests. As it does not involve
separation of the two roads it will not
otherwise affect the Central
The attorneys have very little to say
about the decision except that it is very
nearly as they expected it would be.
Judge Pardee's opinion in the case was
filed yesterday with his order in the Mid
die circuit court of Alabama.
Mr. Lowry, Mr.. Comer's co-receiver, is
president of the Lowry Banking Company
OF Atlanta and is one of GeOrgia's most
prominent financierS.