The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-04-24
MIR. CONFER IS DISCHARGED
As Receiver Of the Port Royal and
Augusta Railway Company.


Railway Company, That Mr.. Conner
Be Discharged as Receiver of That
Road. and That He Render It's Ac-
counts to the Court for Approval,
When Proper Action viii Be Taken.
Judge Pardees decision discharEing
MIR. II. NJ. Conner as receiver of the Port
ROYAL and Augusta railroad and order
ing that he render to the circuit court
the accounts of the operation of that road
under his management, reached the city
last night and was filed in the United
States court with the date April "a.
The petition was fled in the case of the
Central Railroad and Banking Company
VS.. the Farmers Loan and Trust Com
pany of New York The decision first re-
cites the circumstances and evidence in
the cases as given by both sides in the
suit, commencing with the ale
cations and statements set forth
in the original Rowena Clarke
bill. asking for a receiver for the
property, which is followed by the answer
of the Port Royal and Augusta Railway
Company, deploring any disintegration of
the system.
It recites in brief the history of the case
and of Mr.. Corners appointment as re-
ceiver in so far as it bears on the affairs
of the Port Royal road, and refers to the
decision of Judge ROney in appointing
MIR. Averill receiver and in directing him
to apply to the United States circuit
court to direct Mr.. Conner to turn over the
property to him.
After reciting the petition Of Mr.. Averill
and the allegations contained in IL as to
why Mr.. Conner should be discharged as
receiver. and also the answer of Mr.. Conner
TO the petition, which Judge Pardee char
acterizes "a somewhat lengthy answer"
he gives an interesting opinion as to why
the orders should be entered.
AS TO JUDGE RoNEY's JURISDICTION.
In his opinion Judge Pardee refers as
follows to the Jurisdiction exercised by
the superior court of Richmond county:
1.-The argument on the application has
taken a wide range. The lack of juris-
diction of the superior court of Richmond
county, under the circumstances, to APP
point a receiver is suggested, and the
proceedings criticised, and it is urged
that no receiver has been or can be APP
pointed by that court.
''In my opinion these questions do not
require my consideration. The record
shows that the state court has appointed
Petitioner Averin receiver of the Port
Royal and Augusta Railway Company, its
property and assets and has in a spirit of
comfy sent him to this court (Which by
its receiver is in possession of same) to
assert whatever rights he may have by
reason of his appointment as receiver to
She property in question.
"I'he state court is the Judge of its own
Jurisdiction, and | assume for the purpose
of this application that it is fully seized
Of all the Jurisdiction it has exercised,
An UNNECESSARY REFERENCE.
t'The courts of the United States are
courts of limited jurisdiction as to parties
and controversies, and of their own mo-
ton will notice a want of jurisdiction in
any case where it is in anywise apparent
an the face of the record. 1t
is not necessary, therefore, to
particularly inquire whether the petit
TONER, AVerill, suggesting a want of juris-
dlction in this court, and requesting the
release of the property, has pursued a
strictly correct and proper way for the
petitioner, or for the Port Royal and
Augusta Railway Company to raise the
question to secure a decision. A defect
of Jurisdiction being suggested the court
necessarily notices 1t.
AS TO THE COURTS JURISDICTION.
'It cannot be seriously contended that
under the bill of Rowena Clarke VS.. the
Central Railroad and Banking Company
]
or control over the Port Royal and
Augusta Railway Company because that
company was neither party to that bill
nor were its possessions or property af-
fected thereby, or by any orders
entered therein. The claim pre-
scented here by AveriIl is the
right of the Port Royal and Augusta Rail-
way Company to the control and possess
sion of its own road as against the right
of the court to its possession under the
bill of the Central Railroad and Banking
Company VS.. the Farmers Loan and
Trust Company. The bill does not appear
to be in anywise ancillary to or dependent
on the Rowena Clarke bill in so far as the
Port Royal and Augusta Railway Com
pany is concerned.
Assuming, however, that the court is
fully seized of jurisdiction under said bill
OF all the property of the Central Railroad
and Banking Company for the purposes
alleged and the relief prayed for, it does
not follow that under the facts shown by
the record the court has any Jurisdiction
over the Port Royal and Augusta Rail
way Company. The citizenship of the
two corporations, even if there was a con-
troversy between them, is such-both be-
ing Georgia cOrporatiOns-as not to con-
Ter but rather to forbid such jurisdiction.
SHOULD EXERT ONLY LEGITIMATE
INFLUENCE.
"The Central railroad asserts no own
ership over nor estate in the Port
Royal and Augusta railroad, nor in its
property, nor any controversy with it as
TO ownership or lien; it asserts the own
ership of stock in and that it is creditor
of that corporation, and that it has for
many years, as a creditor and stakeholder,
controlled the same.
The Port Royal and Augusta Railway
Company is a distinct corporation. fully
organized with all of its rights as such in
full force, and the Central Railroad and
Banking Company has no right to its pos
session and control save through the legiti-
mate influence it may exert as majority
stakeholder The possession and control of
this court by its receiver under the bill
referred to cannot be greater than the
right of the Central Railroad and Bank
ing Company.
EGAeGERATION ON BOTH SIDES.
81 have noticed the showing made on
behalf OF the Central railroad as to the
great advantages derived by the Port
Royal road from the past and present
management, and as to the injuries which
will result from taking the railway out of
the Central system, as well as to the
showing presented by the bill filed in the
state court of the injurious effects and
general disaster which results to the
Port ROYAL and AuuuSta railroad Inv