The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-05-18
THE SOUTHWESTERN HEARING.
The Circuit Court of Appsals Now
Has the Case in It's Hands.

mas the case In Its Hands.
The question of the liability of the
Southwestern railroad on the tripartite
mortgage, which was argued before the
circuit court of appeals last Monday be-
fore Judges Pardee, Mccormick and
Lock, is one of the important questions
on which depends whatever reorganiza-
ton plan for the Central railroad that
may be put forward.
Mr.. Charles N. West, who represents Mr..
John :. Tilney, of New Jersey, and other
stockholders, who appeared before the
court to urge confirmation of Justice
Jackson's decision, has just returned
70 the city. MIR. Henry Crawford
also appeared on this side of the
case, representing the bondholders
OF the Central, to whose interest it will
be TO have the Southwestern stand its
share of the burden, as well as the Rich
mond Terminal company, which owns so
large block of stock in the Central. MIR.
a. ii. Joline appeared for the Central
trust company, trustee under the second
mortgage, and also for someof the Savan-
nah and Western bonds. Mr. West also
represented Messrs. Calhoun, King &
SpaIding, Alexander Brown of Baltimore,
and Simon Borg of New YORK.
On the other side in behalf of the
southwestern, appeared Mr.. Frank H.
Miller, of Augusta; Mai A O. Bacon. of
Macon, and Judge William G. Choate,
who took the place of his brother, MIR.
Joseph II. Choate, who could not attend
on account of being president of the New
ork constitutional convention, which is
now In session. Briefs will be submitted
by all the attorneys who were present,
some of them having already been handed
the court. The court announced that ten
days would be allowed for the filing of
additional briefs, which time will proba-
bly, be extended further The moving
side in the appeal from the decision
OF Justice jackson was allowed two hours
and half to make their argument, while
the other side was given one hour
III Will pro badly be some months before
any determination of this question is
reached by the court of appeals The cues
ton IS broad and intricate one, and
upon 1t depends the shaping of the Cen
trails plan of reorganization in one
way or another In fact this is what the
people who have reorganization in charge
have been waiting for, and as soon as it
Is decided no doubt plans will be ready to
De presented at once. Mr.. Crawford did
not as stated contend that the South
western was liable only as surety on one
third of the tripartite mortgage. but
held that this road was primarily liable
for its portion of the amount as under the
ruling of the circuit court.
1t was the attorneys for the South
western who contended that if the road
was liable at all under it, it was liable as
surety only, and was entitled to subroga-
tion as against the rights of the Central.
If there is any delay in the determination
of this question by the court of appeals
the Central will hardly be sold at the
date which has been fixed by the court as
the earliest time at which a sale can be
demanded.
The impression gained at the hearing
was, it is understood, that Justice Jack
sons decision, placing one-third of the
liability on the Southwestern, would
not be reversed.