The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-12-31
WEST POINT CASE POSTPONED.
THE HEARING NOT TO COME OFF
UNTIL JAN. 18.

Both sides willing to Have the POST
pOnement MRdc--Attorney Frank
II. Miller of Augusta Files an In
tervention in the Nelson Bill in
Which He Claims That the ola
Charter of the Road Does Not Ex-
pire Until 1900.
Atlanta, Ca, Dec. SO.-The application
for receiver for the Atlanta and West
Point Railroad Company, brought by L.
b. Nelson of this city, stockholder, upon
the ground that the companys charter
had expired, and that the new charter OBJ
tanned of the last session of the legislature
is Illegal, will not come up for hearing
before Judge j. II. Lumpkin tomorrow,
according to the original order in the case
Parties on both sides agreed to a post
ponement of the hearing and to-day Judge
Lumpkin granted an order postponing II
until Jan. 16, next.
The bill is a highly important move on
the present railroad checker board of the
state, as it seeks to bring into court the
whole question Of alleged illegal consoli-
daton under the Southern system. Sem
satlonal allegations are made on this line,
affecting the Central, the West Point and
other lines in which the Southern is in
terested, either directly or Indirectly. 1t
is case of too much Importance to be
brought to a head on short notice and
on this account the postponement was
agreed to.
1t may be that between now and the
date of the hearing there will be impor-
tant developments.
To-day Attorney Frank II. Miller OF
Augusta filed an Intervention in the Mel
son bill. which further complicates the
case. In his Intervention he takes the
position that the old charter of the rail-
road has not yet expired, but In fact has
three years more to run, and the court Is
asked to deny the Nelson application for
a receiver. .and put the company back un-
der the operation of the old charter. Mr..
Miller is the representative of certain
stockholders. 1t is said, in some way be-
coming parties to the Nelson bill in the
interest of the Georgia railroad though
ltllS uotS not dpptdI very pidlnly as yet.
According to the contention of Mr.. Miller
the renewal of the charter in 1866 for thir-
ty years. by reference to the original
charter, extended the charter to 1893 In
stead OF 1896.
Thus he takes the position that there Is
no necessity for the new charter, which is
objected to by his clients on the same
ground as that urged by Mr. Nelson.
These grounds are that the new charter
releases the stockholders from the double
liability clause and would enable the ma
jority holders to saddle a big new debt
upon the property, which could not be
done under the old charter.
If, upon the hearing, 1t is held that the
old charter has not yet expired, the result
will be to vacate the bill for a receiver
filed by Nelson, through Attorneys King
e. Spalding of this city. The reason for
the supposition that the Miller interven-
tion is In the interest OF the Georgia rail-
road, in some way, Is because II comes
from Augusta. The Georgia is interested
in the lease of the West Point and the
Louisville and Nashville is in turn inter-
ested in the lease of the Georgia. The
Louisville and Nashville wants to control
the West Point, 1t Is said, II the South
ern can be blocked through the Central,
which was one of the parties to the Geor-
gia lease by the Louisville and Nashville,
and the latter is opposed to the West
Point being forced to q sale as might be
the result of the Nelson bill.