The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-11-07
DAILY, $40 A YEAR.
s CENTS A COPY.
WEEKLY 2-TlAIES-A-WEEK 81 A YEAR
LEASE OF THE GEORGIA ROAD.
HEARING OF THE ARGUMENT NOT
YET FINISHED.

Case Goes over TO the 18th Instant.
Yesterdays Session Consumed by
Henry Crawford i'm Continuafion
of His Argument-The Lawyer In-
timates That the Louisville and
Nashville Has No Legal Right to-
Hold Any Interest Whatever I'm the
Lense of the Georgia.
Atlanta, Ca. Nov. 6.-The hearing of the
argument in the case involving the right
of the Central of Georgia railway to con-
tinue' as a partner of the Louisville and
Nashville In the lease of the Georgia road,
which was begun before Judge Pardee i'm
the United States circuit court yesterday
was not finished to-day, but was adjourn-
ed until the 18th inst AT that time Alex
King will submit the argument of the
Louisville and Nashville.
To-day was consumed by Henry Craw-
ford OF New York. attorney for Thomas
& Ryan. the reorganizers of the Southern
and the Central Mr.. Crawford made sons
very sarcastic references to the part the
Louisville and Nashville is taking in the
contest, and intimated very pontedly that
1t had no legal right at all, under its
charter. to hold even an interest in the
Georgia railroad, much less to claim the
whole thing.
The contention between the roads, I'M
brief, is this: Prior to the receivership
of the Central that road and the Louis
Vile and Nashville negotiated a lease Of
the Georgia railroad for ninety-nine years,
each taking half interest In the lease,
share In all deficits that might occur i'm
the interest due the Georgia stockholders
on account of the lease. They did this
regularly, and even during the receiver
ship the Central came up with it's share.
When the reorganization of the Central
took place, however, the contention Is that
the new company was ignored, and that
without giving any notice to the Central,
Louisville ana Ng.hyille came forward
with the full amount of the annual de-
felt.
The position the Louisville and Nash
Vile takes Is that that company and the
Central-the old company--were partners
in the Georgia lease, and that when the
old Central died the Louisville and Nash
Vile, as surviving partner. succeeded to
Its interest as ~ the death of a partner
common law heirs do not inherit the right
to continue in the partnership without the
consent OF the survivors.
On the other hand the Central, or
Thomas and Ryan, contend that Presi-
dent Wadley only assigned a contract to
the Louisville and Nashville and the Gen.
tral, and that this contract was not in
the nature OF a partnership between them,
but partook more of the nature Of trans
fer of stock, which might be assigned by
either party without the consent OF the
other and that the reorganized Central Is
lsa nafe of fTan oil
therefore entitled to continue to exercise
joint control with the Louisville and Nash
vile, one of the original parties.
incidentally, the control of the Atlanta
and West Point road is involved in the
present case and II is claimed that the
whole thing Is a scheme on the part of the
Louisville and Nashville to get control OF
the Georgia and through it the West
Point, which would be exceedingly valua.
BILE accessons to them.