The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-03-02


Having duly considered the report mad
20 this court by the receivers in the allow
. named cause. in regard 10 the question
Of fares. it f. ordered that the said receiv
ers hX the fares on the city lines operate,
by them at cents. and on that portion
Of the line from the corporate limits Of
Savannah TO Thunderb0it at cents each
. way. or 15 cents for the round trip from
. any point ia Savannah TO Thunderbolt an,
E return
In open court this March /. 1885.
Emory Speer. Judge.
Following the granting of this order OF
/ court requiring Receivers Young and Col
Inns TO raise the fares on the lines under
+ their charge to cents an amendment &c
I the original bill of II. A. Pevear Of Lynn
/ Mass. was filed by his attorney. Mr.. IL
/ p w Palmer. asking that the city and
4 Suburban ana the Savannah. Thundcrboli
I and Isle Of Hope railroads be made par
! ties defendant 10 this suit and that they
/ be required to show cause before him
I why they should not dcsist from a con-
/ spiracy TO wreck the properties I'm the
hands OF the court. into which 10 IS charged
/ they have entered. In other words, these
/ lines are TO be required to show why
their fares should not also be put back
to the old figure OF cents per ride. These
lines viii have the privilege of explaining
TO Judge Speer next Tuesday morning at
10 o'clock why they continue to carry pas
sengers at cent and half a cent when al
most everywhere else in the United States
the charge Is cents. AS there is no law
by which the companies ia the hands Of
the receivers could receive protection In
the manner desired they have appealed
20 the equity side Of the court. and base
their case on the proposition that no man
has a right to use his property to the
injury and damage of the property of an
other.
Mr. Pevear, in the amendment to his
original bill. the amendment being against
the city and Suburban and Savannah.
Thunderbolt and Isle Of Hope railroads.
the principal offices Of which are in Sa-
vanuah, Chatham county, Georgia shows
that on Feb % he filed a petition asking
that Receivers John r. Young and j. S.
Collins of this court, who have charge Of
the properties Of the Savannah Street
Railroad and the Electric Railroad Com
panies, be required TO restore the rates
of fare on these lines. He then states the
proceedings that transplred under the
direction of the court in this matter, after
which he adopts all the averments and
allegations made in the return of the re-
ceivers with regard to their effort to
bring about a restoration Of the rates.
The bill then goes on to show that the
line of the City and Suburban and Sa-
vannah. Thunderbolt and Isle of Hope
i IAERS.
and for half cent fares, which
he charges is not for the purpose
of yielding any net returns to the owners
Of the two properties, but is the result
of a deliberate conspiracy on the part
of the persons controlling these lines for
the express and sole purpose of wreclSing
the properties Of the Savannah Street rail-
road and the Electric railway which are
now in the possession and protection of
the court, and that it is the purpose of the
first named companies TO continue this
unlawful conspiracy against these prop
critics now under the protection of the
court until the same can be purchased or
otherwise controlled by them.
He says If this ruinous rate war is al
lowed to continue It will necessitate the
issuance by the receivers of additional
receivers certificates from time to time
in order to raise money to enable the re-
ceivers TO operate the properties in their
care. which course will effectually deprive
the petitioner and other bondholders sim.
ilarly situated Of their lien as bondholders
and intimately result In their irreparable
loss and injury, unless prompt protection
against this unlawful conspiracy is af-
forded them by the court.
Whatever may have been the rights Of
these rival lines in the prosecution of
this unlawful conspiracy the amendment
states before It these properties we're
specially urges and submits that they
have no right to continue the conspiracy
while the properties are under the protec-
ton of the court The petitioner states
that he is remediless under the strict rules
of law.
He charges that these corporations. the
City and Suburban and the Savannah.
Thunderbolt and Isle of Hope railroads
are not being used i'm a lawful manner
for the purposes for which they were
chartered by the legislature, but are be-
ing used for the purpose of carrying out
this unlawful conspiracy as charged in
violation of their powers privileges and
franchises and in this instance are so I'M
lawfully used to further the conspiracy
to the damage and injury of the Savan-
nah Street Railroad Company and the
Electric Railway Company. and to defeat
competition and establish a monopoly in
the business for which these companies
were respectfully chartered.
He states that the receivers. acting I'M
der the direction of the court, have en-
tirely failed to fix just and reasonable
rates by mutual agreement with the COM
panies named in the order. The
amendment asks that the City and Su-
burban and Savannah, Thunderbot and
Isle of Hope railroads be made parties
defendant to the bill which Mr. Pevear
has brought against the Savannah Street
and that they be required to appear and
answer the charges in the amendment.
He further asks that n writ of injunction
issue against these lines restraining them
from further injuring the properties in the
hands of the court. and that a writ of
mandatory injunction may be issued, di-
rected to said companies, their officers and
agents, compelling them TO desist from
the unlawful acts growing out of the UNI
lawful conspiracy against the property
in the hands of the court.
Judge Speer signed an order making the
City and Suburban railroad and the Sa-
vannah. Thunderbolt and Isle of Hope
railroad defendants to the suit and they
are ordered to show cause before him at
10 o'clock next Tuesday morning why the
relief as prayed for by the petitioner
should not be granted.
This suit has already attracted much
attention. 1t is a case of a rather unusual
nature, as il is the application of a rail
road company in the hands of a court.
for the Interference of that court to
cause to be stopped damaging competi-
ton against such property that is being
carried on by another line. The hearing
viii undoubtedly be an interesting one,
and many perhaps win gather to hear it.