The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-01-23
TO BE HERE FEB. 4.
Ju5 se Speer VIII Then Hear the Macon
and Dublin Railroads Petition.

and Dublin Railroads Petition.
he petition OF the Macon and Dublin
PaIroad Company against the Central
Railroad and Banking Company. ana the
order Of Judge speer requiring the de-
r=nsauts 10 snow cause before him in
savannah Feb. T. why the prayer con
-slned in the petition should not be grant
Ell. were fled yesterday with the clerk
NJ the United States court. This means
mat Judge speer Will open court in sa-
vznnah Monday. Feb 4. as stated in the
Morning News yesterday. and al this
--rn he viii have a number Of cases that
vau be Of interest and Importance 20 hear.
among them being the receivership ami
Injunction case against the Electric Rail
way Company.
The petition Of the Macon and Dublin
Railroad Company shows that there is a
1sslr- on the part OF that corporation 20
continue its line from Dublin into Sa-
-eauuah. In 1885 the Savannah. Dublin
ana Western Shortline was incorporated.
anil IT'S charter contemplates a railroad
from Savannah to Americus via Dublin.
THE right of way from the Little Ogeechee
a. q point about thirteen miles from Sa-
-.nnah toward Dublin. were secured BIZ
-h-= corporation and thirty-fve and a half
prepared f6r the rOadbed. This roadbed
Has allowed 10 go into disuse and was
damaged by wind and rain and wagon
traffic II was sold in 1889 under a de-
cree from the superior court of Chatham
c1uutv, and was bought in by Mr.. b. A.
Denmark. who afterward executed a deed
Of conveyance in the superior court
Tn 1890 or 1891 the Central railroad had
a survey Of this graded portion Of the line
made under the then chief engineer, Mr..
Da6ney from Ellabell west, the point
where the Savannah, Dublin and West
srn was TO cross the Savannah and West
=rn No other work was done and it is
stated that If it was the purpose of the
Central to construct a. line of road on
this right of way the purpose was aban-
d0ned and nothing toward it has ever
been done. 1t was believed that the pur-
pose Of the Central wos not TO build a line
on this right of way, but to prevent the
construction Of such a line which would
be q competing line to some Of those OPP
Grated by the Central railroad
The Macon and Dublin states in the
reti-ion that It desires TO construct its
line into Savannah and TO do so desires
TO secure this right Of way, which It con-
tends the Central has no right to hold
on account of its being a competing
property, and which 1t is stated it would
have to parallel in case it had to secure
Of0eE rights OF way. ms latter course
would not only be expensive TO the pc
ti,oner. but would greatly damage the
present constructed right CT way, so far
SIS its value was concerned. The Macon
and Dublin states that ii has conveyan-
ces for about three-fourths of the rights
Of way along the line mentioned. It
valves all answers on the part of the
defendants except to such questions as
are set forth in the petition. 1t wants
10 know from Mr.. 3. A. Denmark how
much he paid for the property whose
money was used in paying for it, whether
he represented the Central railroad or
the Savannah and Western, and what was
paid as consideration by
the Savannah and Western railroad.
From the Central RAILROAD and
Banking Company it is desired to know
what connection It had with Mr.. b. A.
Denmark at the time what was done look
ing TO the completion of the Savannah,
Dublin and Western Short Line, who
were the board of directors and manage
ment II the Central at the time how far
the savannah and Western is operated in
the interest Of the Central and whether
the property purchased is owned by the
Savannah and Western or the Central or
both
The Macon and Dublin asSes to be al
lowed TO- have this right Of way con-
demned, and that the court decree that
the receivers of the Savannah and West
ern sell the property to the petitioners
for fair and reasonable sum. The attor-
neys for the Macon and Dublin are Messrs.
Anderson and Anderson and John NJ.
Stubs, Esq, Of Macon.