The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-11-11
SOUTHERN RAILWAY SAFE.
PETITIONERS FORCED TO AMEND
TO AVOID DEFEAT.

ThereupoD the Counsel For the Road
Secures An Adjournment for sixty
Days In Order TO File Further
PIeadinEs-NO Renssignment of
the Case Made on the Docket and
Three or Four Months Likely to
EIapse Before 1t Comes Up Again.
Macon, Ga. Nov. 10-The United States
court convened this morning, Judge Emory
Speer, presiding. The first case called
was that of Carswell VS.. the Macon Gas
Light and Water Company, an application
for permission to issue 100000 of receiv-
er's certificates, but the case went over till
tomorrow, as the counsel for the minor
bondholders announced objection to an is
sue Of bonds while the plant was in the
hands of a receiver.
Then came the case of the Dunlap Hard
ware Company ct al, on petition to place
the Southern Railway Company In the
hands of a receiver. Both sides announced
ready, and Roland Ellis Of the counsel for
the plaintiffs, arose and read the original
bill, which was a very lengthy document.
In general terms it charges that the
oOutlGiH railway ny OWueISLlp anu GOA-
troll of the Central railway, Georgia,
Southern and Florida, Georgia Midland
and Gulf and Atlanta and Florida railway
Is acting contrary to the constitution and
laws of the state of Georgia in that it has
stifed competition and has injured each
one of the petitioners, and the city of Ma
con as a whole. The amount of the dam
10 Of he 10
placed at over 5000 in each case. This
damage is set forth in section thirteen of
the bill, and at this point the counsel for
the petitioners asked that they be allowed
to amend.
Amendments were necessary as the de-
murrer of the Southern railway had shown
that the complanants had not made out
a case that would hold in court. Mr.. Ellis
read the amendments which were a sur
prise to the defendants counsel, as it was
thought the counsel for the petitioners
had completed their bill, and would rely
entirely upon its merits for a hearing.
Mr. Edmunds, for the defendant COM
pany, arose and said the amendment was
an effort to change the position held in the
original bill and asked for time to confer
with his associates.
The counsel for the petitioners said that
the amendment does not contain much
matter of Importance. 1t withdraws prac-
tically the claim for damages in the past
and places the claim on the possibility of
damages in the future by the entire with
drawal of the protection afforded to ship
pers and receivers of freight by competi-
ton.
The judge gave the defendants counsel
two hours for conference on the new mat
ter.
An hour later Mr.. Edmunds announced
that owing to the complete change made
by the filing of the amendment the de-
murrer would be withdrawn, and he asked
for further time in which to file plead
ings.
Judge Speer and the counsel held con-
ference as to the time at which the case
should be set, but finally the railroad was
allowed sixty days in which to file further
pleadings and the case went over with
out any assignment on the docket 1t will
probably be three or four months before
the case is up for a hearing.
Among the prominent men present were
Hon. Hoke Smith, ex-senator Edmunds,
T., M Cunningham of Savannah, Samuel
Spencer, president of the Southern rail-
way, H. NJ. Conner. president of the Cen
trail railway Lyade Stetson, a noted New
York lawyer, and w. A. Henderson, gem
eral counsel for the Southern.
Atlanta, Ga Nov. 10.-When the Bluth-
enthal and Bickart-So railway case
was called this morning in the federal
court, Albert Howell presented an affida-
Wit from Gov. Ellerbe of South Carolina,
in which the governor denounces the
charges of conspiracy against him made
by the Bluthenthal & Bckart Company as
false and slanderOus
Along with this affidavit the Southerns
answer to the other charges In the bill of
Bluthenthal & Bickart, and another affi-
davit from J. M. CUP were fled The
Southen's answer is plain statement of
facts and takes up the objections of the
Bluthenthal & Bickart people and answers
them one by one. The last answer in the
bill is that the Bluthenthal & Blckart peo-
pie are trying to coerce the Southern into
a partnership to evade the laws Of South
Carolina.