The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-01-31

domination, the diversion Of its business
and throttling of its enterprise by the Central
railroad Il would be a very profitable aud
remunerative road to its stockholders, and
that the only need of a receiver now is to
relieve 10 from the illegal domination OF
| the Central.
The plaintiffs requested. in conclusion,
that Col. John II. Averill be appointed re-
ceiver Of the Port Royal and Augusta rail-
way, and that the Central railroad be re-
| strained and enioined from undertaking 80
operate the road or from interfering with
| its property in any way, and from voting
the stocks and bonds which it owns and
| controls. and from participating In any
stockholders meeting that may be held;
| that the Celtrars ownership Of Its stocks
and bonds be decreed illegal and contrary
10 public policy. and that the same
be ordered sold at public outcry, the pro-
ceeds TO be turned over to the Central rail-
road
The bill is drawn out at great length and
includes a great deal of repetition and legal
phraseology.
COL. AvERILL's APPOINTMENT.
The order OF the court is attached ap-
pointing Col Averill temporary receiver
and requiring the defendants, the Central
Railroad and Banking Company, TO appear
before the court at Aiken, =. c., at 10
o'clock on Feb. to show cause why the
prayer Of the compliments should not be
granted.
Col. AverilI was also appointed receiver
OF the Georgia portion of the Port Royal
and Augusta railway by Judge II. c. Roney
of the superior court at Augusta on Satur-
day, the proceedings being a repetition Of
those before Judge Aldrich at Aiken.
Mr.. CONFER NOT DISTURBED.
Mr.. Conner was very busy yesterday In
consultation With HIS
officials of the Central railroad upon this
and other matters and had very little time
when seen TO devote TO an interview. The
legal papers in the case gave all the infor-
nation that was Of interest at present, he
said
Mr.. Conner said the Central will of course
contest the effort 20 wrest the Port Royal
road from IL and be did not seem to be
much worried as to the result. The question
will be settled In the United States courts
Capt. II. Z. Cunningham, counsel for
the Central railroad, laid, when asked about
the matter, that the Port Royal
and Augusta railroad was put
into the hands of Mr.. Conner as re-
ceiver by Judge Simonton Of the United
States circuit court of South Carolina, and
be did not think the action of the state
court would be OF any effect. The whole
fight would be on the question of the juris-
diction of the United States court, he
said.
THE INwARDNEss OF THE SUIT.
Capt. Cunningham will go to Aiken Sat
urday to represent the Central. The case will
probably be postponed Saturday to await
the action OF the United States court.
The inwardness of the suit, it is pretty we'll
understood, is only the active form Of an
effort begun some time ago by interested
parties, who have acquired property at Port
Royal, to wrest the Port Royal and Au-
Rusta railroad from the Central The road
would prove a most valuable acquisition for
spectators, as with it's control the owners
would be enabled to make connections in
surfing through trunk line TO western and
northern points. They would also, it is
claimed, be enabled to sell out the railroad
to the Louisville and Nashville or some
other corporation at high price, and alto
gether it would be very nice thing for the
spectators.
The litigation will not affect the Cen
trails reorganization scheme, as the Port
Royal and Augusta was not included in
the plan OF reorganization.
Col. Averill, who made the demand on
Mr.. Conner for the delivery of the road
yesterday morning, left for Charleston at
noon.