The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-03-25
THE EAToNT0N BRANCH WINS.
JUDGE PARDEE's DECISION GIVES
1T THE RENTAL CLAIMED.

News of His Decision Received in
the City-His Formal Decree Ex-
pected Amy Day-Will Give the Mi
nOrity BOndhOIders of the Eaton
ton Branch Railroad About $27,-
OOO-The Money Now in the Regis
try of the Court Here, and VIII BE
Paid When the Decree Arrives.
Judge Don A. Pardee's decision in the
matter of the Eatonton Branch railroad
Intervention, for rental. is understood to
be in favor of the EatontOn Branch
stockholders. News to that effect has
been received in the city, and it is in
formation that will, no doubt, bring Joy
to the hearts of the minority bondholders.
for they are the ones who will profit by
the result.
This is the ending Of a hard-fought
legal battle and one in which the plain
tirs had practically no encouragement
and very little hope. Told as they were
by Justice Jackson, who presided in this
circuit that there was little or no use
of filing the Intervention, as 1t could not
be allowed where the road itself had not
earned the money, they still pressed their
suit and it was finally placed before the
master in chancery Mr. George w.
Owens who had charge of the interview
tions arising under the Central railroad
litigation.
Mr.. owens made a report to the court
deciding against the Eatonton branch
people, on the ground practically that
NI,,tN
the hands of a receiver was to intervene
to annul their lease and withdraw their
road, and that the rental agreed on Ivy
the lease was not debt of the receiver
ship unless the amount had been earned
by the Eatonton branch itself.
Mr.. Charles N. West, representing the
Eatonton Branch Railroad Company fill
ed exceptions to the report of the master,
and carried the case before Judge Par
dee, where 1t was argued at length,
Messrs. Lawton and Cunningham appear
ing for the Central Messrs Thomas and
Ryan, the purchasers of the Central rail-
road property, were also represented, as
it is for them to pay the amount from a
fund reserved to take care of just such
contingencies as this
The decree of Judge Pardee has not
yet been received in the city, so it is not
kuOWH on just exactly what grounds ne
puts his decision setting aside the mas
ter's report and ordering the amount
paid 1t is understood, however, that he
holds this rental was a debt of the receiv-
ership, inspite of some authorities which
would seem to be the other way, and it is
therefore considered that this is a case
of its own kind, and while similar, is not
exactly like the other cases cited
Under this decision that EatOnton Branch
people will receive $21, 900, with interest at
per cent. on $4,000 from April /, 1898.
and on $1,000 from Oct. !, 1898. This viii
bring the total amount up to about $27, 900.
This money is already on deposit here in
the registry of the court and will be turn
ed over to Mr.. West for distribution among
his clients just as soon as the formal order
and decree of the court are received.
This money will go to the minority bond
holders of the Eatonton Branch, and its
receipt will be enjoyed all the more no
doubt in that It is somewhat of an uneX-
pected pleasure. Before the decision of
the court those who were specializing with
regard to the matter said they would hard
ly give five cents on the dollar for the
chances Of favorable judgment predicat-
ing their opinion, no doubt, on Justice
Jackson's views with regard to the mat
ter In the deal which was made be-
tween the stockholders of the Eatonton
Branch railroad and the Middle Georgia
and Atlantic Railroad Company, 1t was
particularly stipulated that in case this
judgment should be secured the amount
should go to those who are now the minor
ity bondholders. These are l.. j. Guilmar-
tin and others who are the plaintiffs in
the suit against the Middle Georgia and
Atlantic now pending before the superior
court