The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-02-20
DAILY. SO A YEAR.
CENTS 4 COPY.
WEEKLY 2-TIMES-A-WlEEk 81 A YEAR J
LEASE OF THE GEORGIA LINE.
JUDGE sPEER's RULE NIsI RETURN
ABLE MARCH IS.

MeSsrS Thomas and Ryan want the
Court to Put Them i'm Possession
of the Half Interest in the Road
Owned by the CcntrnI-A Synopsis
of the Petition OF the Plaintiffs.
Augusta Directors Think the SIOve-
ment Goes to show the value OF
the Georgia Road stock.
Macon, Ga, Feb. 19.-Rule nisi granted
by Judge Speer yesterday directed to the
Georgia railroad officials and referred to-
in the Morning News special from Ma
con, is returnable at Macon March 49, The
petition of Thomas & Ryan, on which tho
rule was granted, asks that they be put
In possession of the half interest which the
Central Railroad and Banking Company
own In ninety-nlne-year lease of the
Georgia railroad. 1t Is alleged in the pc
tiuon that since the sale of the Centrars
interest in the lease General Manager Scott
and his associates have refused to recog-
nze their right as purchasers and are OPP
Grating the road entirely In the interest OF
the Louisville and Nashville, the other
half owner in the lease. They seek by PEE
titon to be let into their rights as pur-
chasers. When H. M Conner was appoints
ed receiver of the Central, Thomas &s
and by the Louisville and NASHVILLE rail-
road put in Thomas X Scott as general
manager, William r. Richards as treasur-
| er, Carton Hillyer, as auditor, and A. G.
crate the Georgia RAILROAD propePr-
! TIES. The order also contains the
following restraining provisions. II be-
! Ing Judtclally known to the court tha1
! THOMAS X. Scott, William T. Richards,
| Carlton Hillyer and A. @. Jackson reoeIv-
| ed their appointment under and by vir-
| tue OF the authority of this
clsed through its receivers, for control and
management of the leasehold interest OF
| the Central Railroad and Banking COM
| pany OF Georgia, and that the court di-
| rected the payment of large sums in the
| hands or SAID receivers and for the preser-
| Vauon of the rights OF said receivers and
! me central Railroad and Banking Com
| pahy OF Georgia, IN said case hold In
! teresJ ana mas always guarded their re-
| clprocal responsibility for the payment or
| lne rentals due the stockholders of sai0
| Georgia Railroad and Banking Companv
| pursuant to the terms of said lease and
| lhe SAID Scott, Richards Hillyer and
| Jackson IN their official capacities, are
| uIeCtly Responsible to the court for the
| ndeity with which they perform their
| duties relative to the interests of said re-
Banking ~ company eii'rSi of iesllr9dd Gaareie end
the leasehold interest as afore-
se ssid. "a and and for the maintenance
afds, HillEer and Jackson in their OFF,
cial capacities as aforesaid. and indivld-
uaiiy are pending the disposition of the
until the further order of coilrt corr 1raeN
manled and enJoined to do no act and
clerks, employees and suDordinates en-
gagged m the operation or said Georgia
tthhlifoad, ana It's dependencies or either OF
tneIi winch said act may tend toward a
violation of their duty under the appoints
ment OF said Scott, Richards, Hillyer and
jackson, by authority of this court and
through the receivers thereof as above ser
IOftnl OF which may tend to impair the
,Eahta1R OF SAD lease or the rights of the
Tess ror either of them, or any person
or l. rs lawfully entitled hereunder.
AuguAa. Ga. Feb 19-Tbe railroads
have furnished the news and subject of
gossip to-day. The order of Judge Speer
on the petition Of Thomas Ryan has
been the topic Of conversation on all Sides
anu especially among those interested In
georgia railroad securities. leading
member OF the Georgia railroad directory
said tonight that while Of course he could
not take II upon himself to decide a mat
ter that was before the courts, still there
Ryan TO arm Georgia railroad stockhod-
elS. The fact that the Central and the
itouisville and Nashville and Thomas &
ryan an want the Georgia lease is the
strongest evidence of the high estlmats
they mold OF the propertys value IL is
| much better TO own something that several
| big systems are lighting for than some
thing that nobody wants and the present.
contest for the ownership and control OF
| the leasehold interest will have the effect
of appreciating and strengthening the val
ue Of Georgia railroad stock Whether tho
ndlt interest IN ine lease formerly con-
trolled by the Central railroad is finally to,
be awarded 10 the Central or to Thomas e.
Ryan as purchasers from them, or 10 tho
| Louisville and Nashville, is a matter for
the courts 60 decide, but in the mean
| time the owners OF the Georgia railroad
stock can afford TO rest content In tho
value Of their property without worry
ing about the final decision.
l. Another matter Of considerable Interest,"
involving the receivership Of the Porcz
Royal railroad. 1t Will be remembererh
that when the Port Royal railroad was
the petition Of Henry y. King and others,
the case was brought In the courts of both
Georgia and South Carolina. Judge Add
rich of South Carolina appointed j. II.
olina and Judge Galloway also named
him for that portion of the road In Geor-
gia. being the terminal in this city Re-
Gently Judge Aldrich OF the South Carolina
court and Judge Simonton of the United
States court have dismissed Receiver
Averill, and the railroad has been turned
over TO the purchasers, Messrs. Thomas 81
Ryan. But Judge Galloway has never
given any order dismissing the receiver
under the appointment IN Georgia Now
the Augusta and Summerville Railroad
Company brings a bill for $1,000 against
the Port Royal railroad receiver for trans
fer charges on freights over their lines
IN the city Of Augusta during the receiver
ship. 1t Is alleged by the complaint that
the late transfer and sale OF the
be confirmed by the superior court OF
| Richmond county, nor the receiver dis
charged until the money Is paid or nay.
railroad Is to establish that the superior
| court OF Richmond county should cause all
Georgia debts to be paid before turning
over the property OF the railroad under
proceedings had in any Of the courts OF
| South Carolina. The case was argued
| elaborateiy before Judge Galloway by r.
| r. and W. X. Miller for the Augusta and
| Summerville and General Counsel Simp-
| son and Henry Crawford for the defen-
dant company and Boykin Wright and
| Mai. w. r. Gary for the receiver Judge
| Galloway reserves his decision.
AN INJUNCTION DISSOLVED.