The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-03-16
|. AND MS SUIT ON FILE HERE.
COPIES MADE AT ONCE TO SERVE
ON THE DEFENDANTS.

Attorney Henry Crawford Wired For
Copy ImmedfateIy-They Were
Mailed For Service Last Night-The
Petition n Long and Intricate One.
Grounds Set Forth For the Louis
Vile and NashvfIIe's Claim to the
Entire Georgia Railroad Lease.
Not Believed the Hearing VIII
Take Place March Is.
The bill of the Louisville and Nashville
Railroad Company against the Central
of Georgia Railway Company and Others,
brought with view TO establishing its
right 70 the entire base of the Georgia
railroad, arrived in Savannah yesterday
morning, and was fled in the United
States court here. The bill is filed in the
consolidated cases in equity of the Central
railroad litigation, and as the Morning
News stated yesterday goes into the full
detailed history of the contract for the
lease of the Georgia railroad and the liti-
CATION already transpired which bears up
on II.
The document with exhibits consists of
about fifty pages of typewriter matter
and deals with the question at issue from
every standpoint. 1t was accompanied by
a letter from Messrs King and Spalding,
attorneys for the Louisville and Nashville
Railroad Company, to the clerk of the
court asking him to serve all parties in
terested at once, and to have all the papers
in connection with the case in Macon
by March IS, the date set for the hearing.
Deputy Clerk s. F. B. Gillespie arranged
at once to have about a dozen copies
of the petition and order made with
view to sending them out by mail last
night to those parties to the suit who do
not live in Savannah The par
ties to be served are President
C. H. Phinizy of the Georgia railroad.
President II. NJ Conner, as president Of
the Central Railroad and Banking Com
pany and of the Central of Georgia Rail-
way Company: william o. Wadley. exec
utor of william NJ. Wadley, deceased; the
officers of the Georgia railroad, General
Manager Thomas K. Scott, William t.
Richards, Carlton Hillyer and A. G. jack
son, Marion Erwin, attorney for Messrs.
Thomas and Ryan, and the Mercantile
Trust Company, which will be served
later. Copies Of the suit and order were
forwarded to each of these last night and
will no doubt be served upon the Cen
trail railroad to-day.
When asked about the suit yesterday,
Messrs Lawton & Cunningham, attor-
neys for tahe Central railroad, said they
had no official knowledge of it, and could
say nothing with regard to IL until they
knew what il was. 1t was expected thai
IL,
would take some such step as this II
being in line with and in protection of Its
claim TO the entire lease of the Georgia
road. The suit, nevertheless, was evil
IDENTIFY a surprise to those Interested In
it on the side of the defense. Mr.. Henry
Crawford, attorney for Messrs. Thomas
and Ryan telegraphed the clerk yester-
dav for a COPY of the bill at once to be
sent him.
1t is hardy probable that the hearing
will be had before Judge Speer, on Thurs
day. March IS as directed in the order
The notice is too short, as all OF the par
ties will have to prepare answers, affida-
Wits and other papers to be filed for the
defense. The lawyers representing the
different defendants, will no doubt appear
there that day, and il Is altogether likely
a continuance will be mad.
The general grounds of the petition are
that the Central Railroad and Banking
| Company allowed us security VI SJVv,pVo
to materially deteriorate in value, that
it failed to pay its proportion of the rental
| on one occasion, and that the Georgia
| Railroad Company called upon the Louis
| Vile and Nashville to make good what
| the Central was lacking in. This failure
| on the part of the Central to comply with
| its contract, it is claimed gives the other
party to the contract the right to assume
! the whole of II. The bill also questions
the right of the Central Railroad and
Banking Company to sell out its half in
| terest in the lease if it was entitled to IL.
This is the simple question at issue
| though in the bill II is surrounded by a
| lot of complex details sufficient to easily
| puzzle the layman and perhaps also a
| good many of the lawyers. The suit is on
| the line of that filed by Messrs. Thomas
| and Ryan sometime ago, to protect the
/ half interest in the Georgia road lease
| purchased by them at the time of the sale
of the property of the Central Railroad
| and Banking Company. under the decree
of the United States court The Georgia
railroad lease Is becoming a celebrated
| hone of contention, and the outcome of
the struggle will be awaited with much
interest.