The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-01-30
NELSON APT TO GAIN NOTHING.
HE NAMES TERMS on WHICH HE
WILL WITHDRAW HIS SUIT.


Wants the Central and Georgia
Roads TO affirm That They DO Not
Own Half Interest in the stock oG
the west Point, and That the
Southern is Not Trying to DOmi-
nate the West Point-Mr. LawtOn
Intimates That the Request will lie
Complied With.
Atlanta, Ca. Jan. 29.-The hearing OF
the application for a receiver for the At
lanta and West Point Railroad Company
| brought by l.. b. Nelson, a stockholder of
this city, was begun before Judge J. II.
Lumpkin of the superior court to-day 1t
was not concluded, but goes over until
tomorrow, when the arguments will be
finished
A large number of aflidavts and ether
| documentary evidence were brought in to-
| day. The answer of President Smith of
the West Point Railroad Company and the
stockholders was offered in pamphlet
form. Ii was given to the public last week
when the case was first called, and has
already appeared in substance in the
Morning News. 1t was in the main a de-
nial of the allegation that the West Point
is being dominated by the Southern rail-
way, through the lease held by the Gem
trail and the Georgia road. and a denial
that the extension of the charter obtain
ed from the last legislature is Illegal.
Frank H. Miller of Augusta appeared as
| the representative of certain stockholders
there who opposed the application for a
receiver, he having filed an Intervention
in the case.
A. r. Lawton of Savannah, general
counsel for the Central, appeared for that
road.
The Georgia roads was also represent
ed by counsel and its answer filed.
King & Spalding, the attorneys for Mr..
Nelson, appeared for him. The answer
of the Georgia road showed that that
road takes the position that the old char
ter of the West Point Company does not
expire until 1899. The Georgia road adj
mits that it owns $3.50 shares of the stock
| of the West Point and that the West Point
owes it $3SS. 800. The holding of the GeoT-
gia in the West Point is therefore nearly
one-half as the total stock is 1882 shares.
Affidavits were rendered from the man.
agernent of the West Point denying that
there is domination attempted by any
other road, and Leonard Phinlzy of Au-
gusta, a stockholder, presented an atti-
davit disappearing of the Nelson bill. 1t
was shown that Mr.. Nelson had received
his dividend on his stock in January and
| the minutes of the company were intro.
| dueed and referred to by both sides rha
railroad company introduced them TO show
| that there was authority granted by the
stockholders for securing the new char
| ter and Mr.. Nelson's attorneys to show
| that the stockholders had only author
| Of fbn oil OH Fta with
| the amendments that had been secured,
which rescinded the double liability cf
| stockholders.
Attorney Miller for the intervenors, pre-
| sented a surprise in the shape of a certif-
cate from the secretary Of state. showing
that before applying to the legislature al
| its last session, the attorneys for the
West Point had applied to him for a re-
newal of the charter. and that he had de-
clined to grant it with the
amendments, which were wanted as he
had no authority to grant a charter with
such changes. NTherefore the company
had to go to the legislature for its charter
For the Central railroad, Mr.. Lawton
denied that that company was seekinng to
| dominate the West Point or any other
road through it, and he offered affidavits
| to show that the individual stockholders
| of the Central were in full accord with the
policy of that company in its manage
ment.
In this argument Attorney Spaulding
| representing Mr.. Nelson, said that in view
| of the answeres filed by the Central and
| the Georgia roads, he would. IL the Gen.
| trail and the Georgia roads would come up
| and put Il on record. that they with their
half interests in the lease of the West
| Point do not own half interest in the
West Point stock, and then show that the
Centra., and through the Central. the
Southern, is not reaching out to dominate
the West Point. he would be willing to say
| the whole matter could be settled with
| his clients in fifteen minutes. Mr. Spauld-
| ing added that the answer of the Georgia
| road did not show who owned the West
| Point lease, nor did the answer of the
Central show who owned It.
Mr.. Lawton, for the Central, replied
| that he did not know either. He then
called upon Mr.. Spalding to put his propo-
sition IN writing. Mr. Spalding agreed TO
| do this and then Mr.. Lawton declared
that he would accept 1t and name the
terms.
AT this stage the hearing was adjourn
| ed until tomorrow. If Attorneys Spald-
| ing and Lawton mean what they declared
in court, the Nelson bill will be taken out