The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-05-28
CONFER COMING OUT ON TOP.
The Opposition Already Showing the
White Flag.

Brown and Borg Willing to Withdraw
Their Fight If the Bonds They Are
Interested in Are Provided For-The
Court Demands Impartiality on the
Part of the Receiver SO Far As Any
Reorganization Plan Is Concerned.
Atlanta, Ga, May 27.-To-day's devel-
opment in the Central railroad case be-
fore Justice jackson indicates that the
allied interests which appear in the fight
on Receiver Conner and the Hollins reor-
ganlzation plan are weakening, or a I least
wavering in their course. Last night the
MORNING News correspondent was told
by one of the parties in the litigation,
who undoubtedly knows that what he
said was the truth, that overtures had
been made by Alexander Brown & Sons
to Receiver Conner looking to a with
drawal of their intervention and motion
for stay of the foreclosure proceedings.
provided assurance would be given them
that provision would be made
in the reorganization plan for the Macon
and Northern and Chattanooga, Rome
and Columbus bonds. In other words,
all Brown & Sons are fighting for is
recognition Of those securities which they
hold. If they could get that and it is
said Simon Borg & Co. also occupy the
same position though both firms prefer
to lend themselves to the scheme of the
Terminal rather than make a lone-hand
fight on their claims, they would be salts
fed with the Hollins plan
MAY NOT HAVE BEEN A SURPRISE.
In view of these facts, the turn taken
by the case to-day, whereby Brown & Sons
and Borg & Co practically admitted
their inability to push the case against
Receiver Conner further, may not have
been so much of q surprise to those on the
inside, or those who have taken the case
at its face value. It is just possible that
when Senator Butler, representing these
parties, upon the opening of the court,
moved to postpone further hearing of the
complaint against Receiver Conner, he had
in his mind plan of compromise to be
effected by the time June &c is reached,
which is the date for the
final adjudication of the whole
litigation. Receiver Conner is reported to
have turned a deaf ear to the Overtures
of Brown & Sons last night, but the fact
that such oyertures were actually made
is certainly worthy of notice in view of
the action of his opponents to-day. This
feature OF the case Is given simply for
what it is worth. The NEWS correspond
ent does not pretend to say that there
had been any understanding or even con-
ference on the question, but the suspen-
sion OF the fight on the receiver was a
surprise and it is not improbable that
there was more reason for it than was
contained in Senator Buffers motion.
WEAK CASE.
However, the factions opposing the re-
ceiver have had q weak case in all but
one point, and the evident intention of
the court to sustain Judge Speer as far
as consistent with even justice may have
been the cause of the abandonment of the
attack at this time as hopeless Justice
jackson clearly showed that trivial
charges would have no weight with him.
and the absence of real cause of complaint
except as to the charge that Mr.. Conner
favors the reorganization plan, which he
openly admitted, and the fact
that Justice Jackson is determined
to wind up the case quickly, may have
demonstrated the usclessncss of further
action against the receiver. Senator
Buffers stated ground for asking post
ponement was that there is a mass of
testimony to be presented on the motion
in behalf of the receiver which the coun-
sci on his side had no opportunity Of
examining. He said in view of the
inability of the present receiver to pro
vide for the floating Indebtedness ma
turing July /, and the very practical
tice yesterday that he would favor
ably consider the presentation of
q receiver who is backed by
financial power sufficient to provide for
the debt, that he reserved the right to
present to the court receiver backed by
all the capital necessary to protect the
cOQaterals of the company and one who
would command the approval of the court
and the confidence of all parties.
TO BE HEARD IN SAVANNAH.
Embodied in the same motion Senator
Butler asked that the hearing of the
motions on June 26 be in Savannah in
stead of Macon, as agreed yesterday. All
the attorneys agreed to the change of venue
readily because it will be more convenient
to hear the case in Savannah, and
after brief conference Mr.. Hammond,
representing Receiver Conner, said that
the motion to postpone the hearing on the
application for Receiver Comer's removal
was also agreed to. Mr.. Comerrwa also
willing to give his accusers further time
to produce alleged cause for his reno val
if they wanted it.
In granting the postponement Justice
Jackson spoke as follows touching the
conduct of Receiver Conner: ''In post
poning this case let the court say here
and now that the receiver is an officer IN
this court. He ought not TO represent any
interest whatever in the litigation
But with all this the court is
not prepared to say that the present re-
ceivcr is connected improperly. 1t does
appear to the court that there is a sug-
gCstion that ought to be made in refer
ence to this, however. That is that the
receiver should not be an advocate or sup
porter of any interest or syndicate Of re-
organization. He should stand as free
from interest in respect 10 reorganization
schemes as the court does, and with
reference to the reorganization schemes
this court cannot know them, cannot
recognize them and can have moth
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