The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-09-30

JlO. S. Tilley Wants an Assistant
Appointed For Mr.. Conner.

They Suggest Hon. ID. H. Chamber
lain Formely of South Carolina as a
Good Man For Co-Receiver- The
Matter to be Heard Before Justice
Jackson Next Thursday When the
Southwestern Question Comes up.
When the hearing on the Southwestern
portion of the Central railroad litigation
is re-opened before Justice Jackson next
Thursday, in Washington, the applica-
ton for the appointment of a co-receiver
OF the Central, made by Jno. S. Tilney, of
Orange, n. j., will also be heard
Receiver Conner has been served with a
copy of this petition, and has prepared an
answer TO it which will be submitted to
Justice jackson, on the occasion of the
hearing The petition was presented to
Justice jackson, and he signed an order
directing all parties to the consolidated
cases in the litigation, to show cause be-
fore him on October >, why a cO-receiver
of the Central should not be appointed.
The hearing will take place in chambers.
GROUNDS OF THE PETITION.
Mr.. Tilney, who is represented in the
hearing as an intervenOr by Mcsrs. John
W Weed of New York and Harden, West
"
petition that hehas been for six years the
holder of 500 shares of Central stock, and
then goes into the history of Mr.. Corners
appointment as receiver. The petition
gives a history of the different reorgani-
cation plans which have been proposed
and charges Mr.. Conner with being a
partisan to that plan proposed by the
Hollins committee.
portion of the petition is nothing
more nor less than repetition of the
charges made by Alexander Brown &
Sons in their petition for new receiver
heard here before Justice jackson last
June and which was not sustained.
CHARGED WITH MIsREPREs ENTATIoN.
Mr.. Conner is charged with having mis-
represented that the property was in
solvent for the purpose Of urging the re-
organization plan, regardless of the fact,
it seems. that Justice jackson himself
looked into the condition Of the property
and fully sustained Mr. Conner in that
opinion.
1t alleges that while Mr.. Conner was
thus declaring the insolvency Of the COM
pany he conducted the opera tiOns of the
property in a manner consis tent only with
the highest earning capacity, and here
the petition sarcastlcally alludes to the
Nancy Hanks train and the cutting # the
crossties along the main stem in order to
secure perfect alignment.
NEW ALLEGATIONS MADE,
Several allegations are made in the pc
titiOn which were not made in petitions
of like character brought up at the last
hearing Among these is the statement
that in spite of what it pleases to call
Mr.. Corners partisanship, the Hollins re-
organization plan failed TO receive the
approval of a majority of any class of the
securities of the road.
Lack of experience in railroad manage
nvof 10 nf hn frVfcst 70
attributed to Mr.. Conner by Mr.. Tilney.
He does not think that the presidency of
the South Bend railroad, as he calls it,
capacitated MIR. Conner for the receiver
ship of the Central
ANOTHER FAULT CHARGED.
Another fault found with Mr. Conner is
that he does not appear to understand, as
the petition says, the keeping separate
and applying separately the funds of the
companies constituting the system.
But the most grievous fault attributed
to the present receiver is that he lacks
hopefulness for better results than have
thus far been obtained under his admins
tration of the property. This lack of
hopefulness is held to be detrimental to
the successful operation of the road, and
it is charged that the operations of the
road under him show a steady decline in
earning power. But upon what this allie
cation is based is not set forth.
AN ATTACK ON THE RECEIVER.
The whole petition is nothing more
than an attack made on the present re-
ceiver very similar to the one made by
MIR. Pat Calhoun, representing Brown Il
Sons. 1t charges that competent rail
road experts 'do not share in the views of
said Hugh NJ. Conner in regard to the ut
ter incapacity of the Central Railroad
Company to rehabilitate itself' and for
this reason Mr. Tilney thinks that Mr.
Conner should have the assistance of some
experienced railroad man as co-reCeiver.
The rejection Of the Hollins plan is cited
as another evidence of lack of confidence
in Mr.. Corners administration of the
property, and charges that very few of
the security holders of the prop
erty were heard with regard to the
selection of Mr.. Conner for that po-
sition.
Following the petition is another signed
by a few of the security holders of the
property, asking that Justice Jackson en-
terrain the petition of MIR. Tilney. and re-
questing that he appoint a co-receiver
with Mr.. Conner Among their reasons
for this petition, they state that the
property should be allowed to remain in
the hands of the court until it can be put
in a position where it can earn its ex-
penses and fixed charges. They say they
are unwilling unnecessarily to antagonize
the present receiver, but they ask earn
estly and seriously for the measure of
relief of a cO-receiver.
THEY WANT GOV. CHAMBERLAIN.
The petitioners say they have no set
candidate whom they wish to suggest as
a co-receiver, but they beg to suggest to
Justice jackson the name Of Hon. d. II.
Chamberlain, late of South Carolina, now
of New York city, and 1T present receiver
of the South Carolina railway and the
Charleston, Cincinnati aad Chicago rail
way, in which position they say his
record and qualifications may be fully ex-
amined and ascertained.
The expenses OF. u co-receiver they re-
gard as unimportant in comparison with
the object in view and the results reason
ably hoped for.
The petition is signed by several Of the
New York security holders OF the Cen
trial, including one or two holders Of the
securities of the Tybee railroad. 1t is
also signed by John S. Tilney and other
parties represented by John w. Weed.
by Judge William D. Harden and several
parties represented by him, among them
being a number of Savannah parties.
and also by A. Deutenhofer and num-
Der OF parties represented by him as
agent.