The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-03-12
REMAINS IN A RECEIVERSHIP.
THE PORT ROYAL AND AUGUSTA
STILL IN COURT.

Receiver Averiu Not Yet Discharged
by Judge Galloway of Richmond
superior COurt-The Judge Now
Holds That Thomas and Ryan Must
PnX the Augusta and SummerVille
Rond .2S6 For Transfer Charges
Before He VIII Dismiss the RE
cciVer.
Augusta, Ga, March 1l-Judge Galloway
rendered an important railroad decision
this evening
1t will be remembered that last month
arSumeut was made before Judge Gala
way, seeking to hold Col, J. r. Averin, as
receiver of the Charleston and Western
Carolina railroad. responsible as the Off
Ger of the court until the bill of the Au-
gusta and Summerville railroad was paid
for transferring freights through the
streets OF Augusta. The Charleston and
Western Carolina railroad passes through
Augusta, and is in both Carolina and Geor-
gia.
First by Judge Sir1onton of the United
States court, then by Judge Aldrich of the
South Carolina court ard then by Judge
Callawsy of Richmond superior court, Col,
j. H. Averiu was appointed receiver,
subsequently the road came into the pos
session of Messrs. Thomas and Ryan, and
Judge Simonton and Judge Aldrich dis
missed the receiver and ordered him to
turn over the property, This was done
by the receiver, but he has never been dis
charged by Judge Galloway as receiver
for that portion of the line in Georgia, and
the Augusta and Summerville demands
that he shall not be discharged until he
pays for the service rendered the road by
the transfer company during the receiver
ship.
To-day Judge Galloway rendered his de-
cision in the case. He reviews all the facts
and then DEGREES as follows:
THAT the prayers of the intervenor
be granted.
2.-That the amount of the debt of the
intervenor being admitted by the receiver
and not controverted by the railroad COM
pany is, in the opinion of the court. with
out any necessity for a reference, legal and
valid, to the amount of ninety-two hundred
and thirty-six dollars principal; entitled
to priority of payment out of the funds
arising from the sale of the Port Royal
and Augusta Railway Company, and above
any bonds secured by liens on the road;
is a preferential charge incurred by the
officers of the court in operating the road
in Georgia with the leave and sanction
of the court. That the Intervention as a
citizen of Georgia is entitled in equity
and good conscience to be protected, and
that until the said sum is paid to it by
the said receiver or by the said purchasers
the Charleston and Western Carolina Rail-
way Company. the said receiver is ordered
to retain possession of the road and is en-
Joined from yielding it to the said purchas-
ers. That unless the said sum now found
due is paid to the said Intervention within
sixty days, then the said receiver is order
ed to proceed to operate the said road un-
der the direction of this court. That in
the event the receiver shall proceed to
operate the road, then liberty is granted
to petitioner to amend the re-
lief asked for In its interven-
ton and prays a sale of the prop
erty to pay the Indebtedness with that of
other interventors found to have prefer
entail claims by order of this court.