The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-07-01
TERMINAL WINS IT'S POINT.
A Division Of Opinion Declared
by Justice Jackson,
THE $4,000 SHARES CAN VOTE.
Opposition TO Mr., GraWfOrd'S Mo-
ton Based on a COnStitu-
tOnaI Provision.
THE DECREE OF SALE signed.
SOuthWeSteTnS Attorneys Give Notice
Of Appeal,
The BOND FIXED AT 81, 500, 600.

The Terminal Not a Malta Society.
Opinions Delivered by Both the
Judges, But that of the Circuit Jus
tice Must stand-Mrs. Rowena
Clarke and the Intervenors Must
Pay the Costs.
The injunction of the court has been re
moved from the voting power of the AZ,
600 shares of Central railroad stock held
by the Richmond Terminal company, and
unless Justice Jackson's decision, rem
rendered yesterday, is reversed, that
stock so long in dispute viii participate
in all elections.
The decision rendered by Justice Jack
son was a strong one and peculiarly inter
esting, delivered as 1t was directly after
Judge Speer recited from the same bench
his decision and opinion rcaftirming his
former decision made while sitting with
Judge Pardee, enjoining those $1,000
shares from participating in the work
ings of the Central railroad.
Before either decision was rendered
Justice jackson stated that he and Judge
Speer differed on the question and that
both would recite an opinion. The decis-
ion of the circuit justice removing the in
junction will stand. Justice jackson
moreover told the counsel for Mrs Rowe
ma Clarke that he would give them a
chance to appeal the case to the highest
judicial authority in this country and
that he would certify to a division of
opinion between himself and the other
in hot
might have some precedence on the dock
ct and receive an early hearing at the
hands of that tribunal.
Mr. Crawford was radiant while the
Justices decision was being delivered
The consciousness of victory beamed
from his every feature, and his express
sion seemed to say that the decision of
the court was in thorough accord with
his own views.
THE ROwENA CLARKE BILL Is NO MORE.
The bill of Mrs Rowena Clarke, too was
dismissed, and the order of court appoint
ing receiver under it was set aside
Justice jackson decided that the bill had
served its purpose when the lease of the
Central railroad to the Georgia Pacific
had been declared invalid and set aside,
and from the date on which that was
done. Mrs. RoYena Clarke is taxed
with one-half the costs of the
suit, or rather her attorneys,
Messrs. Rountrce, Erwin and Patter-
son will have to stand for them as it
seems that Mrs. Clarke was absolved
from all costs when she allowed the suit
to be brought in her name The other
half of the costs is to be paid by the in
tervenOrs.
The $4,000 shares can vote, but until
the property is reorganized and they
come in, their power win be limited to
that n plaatfurr "a hNay1 of -
an insolvent corporation, and they cannot
do that until January, 1894
Mr.. Crawford, however, has carried
his point for the Richmond Terminal
Company, and the famous Rowena
Clarke bill is no more. The appoint
ment of the receiver under that also
stands no longer Mr. Conner. however
was appointed receiver under the bill OF
the Central railroad VS.. the Farmers
Loan and Trust Company, and the order
OF the court passed yesterday in no way
affects his appointment.
FIXING THE ORDERS.
When the court convened Yesterday
Mr. Turner, representing the Farmers
Loan & Trust Co, read the printed decree
to the court, in order that Justice Jack
son might make any changes or altera-
tions he desired. Mr. Cunningham
thought a number of changes had beer
gether and decide definitely upon it,
Thiscourse was decided upon.
Mr.. A. Il. Lawton, Jr., read to the
court the order he had prepared with re-
gard to the leasehold interests in the
Southwestern, the Augusta and Savan-
nah, the Mobile and Girard. The order
provided that the receiver should make a
report of earnings and expenses to these
roads and that they should be allowed
net earnings on their respective proper
ties up to the amount of the rental but
no further: otherwise by order of the
court they should be returned to their re
spective owners, unless the court saw fit
TO retain them and pay them full rental
Major Bacon thought they might be re
tanned and paid quantum meruit.
THAT'S the effect of the order major, ="
said the court.
THE NJ. AND G. SINKING FUND.
Mr.. w. G. Charlton suggested that
some Savannah institution be appointed
trustee for the sinking fund of the Mont
gomery and Eufaula
Mr.. Davies, representing q e tripartite
bondhOlders, nominated the Farmers
Loan and Trust Company, thinking the
trusteeship should 90 with the mortgage.
Mr.. Charlton nominated the Germania
Bank of Savannah, which has powers OF
trusteeship under the Georgia laws.
Justice jackson said he would take the
matter in consideration and decide the
question as early as possible He did so
last night, and appointed Germania Bank.
Mr.. Cunningham said he and MIR Crau.
ford had agreed 10 postpone the motion in
regard to the attachment of the Central's
property in New York by the Richmond
and Danville and TO hear il before Justice
jackson ON ten days notice, wherever he
might be, either in Nashville or Washing
ton. This disposed of that point
OF the case for the present
TO CANCEL THE ORDERS.
AS predicted yesterday, Mr. Crawford
then brought up his motion for the can
collation. of the orders of the court passed
under the ROwena Clarke bill. Mr.. Craw-
forI said: