The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-04-18


Central railroad, which at first refused
finally came before the court and fled its
cross DILL IN which IL was made to appear
that there was Indebtedness on the part of
the defendants approXimating 50 900. 600 and
pronered their readiness 10 have the &C
counting. The Richmond and Danville to
the same bill, as we have seen, made answer
and likewise asked an account
WAS A PROPER REMEDY
At least one of the judges who presided on
the hearing when the permanent Injunction
was granted. and probably both. had be-
neVed that where one great corporation had
operated the properties of another, the oper-
atoms involving multitude of transactions
extending through months and years and
millions of dollars, that prayer for an &C
count in equity was the appropriate,
remedy to adjust and enforce the
rights OF the parties Especially was this be-
neved to be true when both parties prayed
the account. Vast properties had changed
hands, instruments Of lease. and Similar in
struments were TO be cancelled, conflicting
and varying equities of creditors furnishing
supplies OF every character to be adjusted,
the Deneht or expenditures and permanent
improvements properly charged to the cor
poratlon receiving them, and the innumera-
Bile questions comprehended in the two abso-
Lutte transfers Of the great system of running
railroads to be passed upon by the court. If,
however, the court was at fault and these
facts did not afford an appropriate occasion
for the exercise of the powers of a court of
equity, 1t will be conceded I think, there
should be some expansion of the doc
trines OF equity. The case, as
presented by the masters report
and the exceptions. is but one of the multi
tude OF the cases now pending and yet undis-
posed Of, while the original bill in which the
intervention was filed, has been peremptorily
denied any further standing in court. The Cen
tral railroad now an insOlvent contracted with
the Western Union for telegraphic services
for ten years. In transferring its properties
to the Georgia Pacific and in delivering them
n % "a no oil Fhrpf
not think it necessary to notify the Western
Union that its contract was no longer of
force.
THE CENTRAL MUST PAY.
at was a contract for Geographic services
for ten years, and the Western onion had no
concern whatever with the manner in which
that service should be rendered, or the indi-
Viduals or corporations who would be benefit
ed thereby. If the notice OF the Central TO the
western Union has any legal significance
whatever, we think il would indicate that the
western Union was expected by the Central
to render on account of the Central railroad
ana under original contract the service to the
DanVule which ii had been rendering to the
Central To relieve the Central Of this contract
there must have been an agreement to that
effect made by the Western Union, and there
was no such agreement. nor any statement
on he part of the latter to the effect that il
would permit the substitution as a contrac-
ting party Of the Richmond and DanVille for
the Central. This being true, 1t seems clear
that the intervenor, towit, the Western
Union Telegraph Company, having rendered
the services pursuant to its contract, is en-
titled to recover from the corporation with
whom 1t contracted the value of such ser
vices, as that value is defined by the con
tract.
THE EXCEPTIONS SUSTAINED.
The court will, therefore, sustain the ex-
ceptions to the master report in so far as 1t
disallows the charge for telegraphic services
during the time OF the lease. in the amount OF
(48 000) three thousand dollars, and will direct
a decree for the fntervenOr for the full amount
Of its claim.
1t would seem unquestionably true, as the
court is now advised that the DanYille should
incurred for the benefit of the former, and no
doubt If the case was before the court as al
the time when the Rowena Clarke bill was
dismissed, that claim OF the Central would
meet with proper consideration. Then the
court had jurisdiction of all the par
ties. The dismissal Of that bill, however.
carries cross bills with it, so the supreme
court OF the United States have held Dow,
VS. Chicago. II. Wallace 108 and since the
Richmond and Dauville is not a party to
either of the bills subsequently filed, service
the time of the dismissal. the Richmond and
Danvllle had been placed in the hands Of
receiver of the Fourth circuit, and cannot be
sued here 1t follows therefore, that II the
Central Railroad and Banking Company shall
ever insist upon this and similar claims,
which we are advised by the cross bill,
sworn to by the receiver and president APP
proxtmateS nearly So, C0O,O0O, it must institute
a proceeding de novo in the courts OF Viz
gtnia, of which state the Richmond and Dan
vile is corporation, and where is It's prlncl'