The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-05
AUGUSTA S0UTHERN'S LEASE.
COURT TAKES Up THE FIGHT NOW
MAKING TO BREAI< IT.

Men Identified with the Property
Testify to Alleged Bad Manage
Inent ON the Part OF the south Car
oIina and Georgia ROad-CIaim
blade That First Class Engines and
Cars Have Been Removed and In
ferior Ones Substituted.
Augusta, Ga, Aug. Am important
railroad hearing is in progress in Augusta
before Judge Il. II. Galloway OF the SUI
perior Court.
Ii grows out of the petition of the Au-
gusta Southern Railway for the appoint
ment of a receiver and the effort to break
the lease Of the road by the Carolina and
Georgia road.
AS was stated at the time of the filing
of the petition, it is charged by the petit
toner that the South Carolina. Railroad
management has violated the terms of
the lease that it has so operated the Au-
gusta Southern Railroad as to ruin its
business and estrange its patrons; that
it has taken the good rolling stock of the
Augusta Southern for use on the South
Carolina road, and has put worn out roll
ing stock from the South Carolina road
on the Augusta Southern; that it Is itself
seeking a purchaser, and that its whole
course in connection with the leased road
has been of a character TO ruin the Au-
gusta Southern instead of lettering it,
as was promised at the time of the lease.
The South Carolina Railroad takes up
each point an the petition seriatim and de-
MES specifically and at length the several
ii is not seeking a purchaser. but is
solvent, progressive and successful cOrpor-
alton.
Further, that under the terms of the
lease, it was agreed between the parties
that whenever any matters of difference
arose they should be submitted to arb-
ters, one to be chosen by the South Caro-
lima road, one by the Augusta Southern
and in case Of disagreement a third to be
selected by these two. 1t alleges that
no arbitration has been asked for by the
Augusta Southern on the questions raised
in the petition.
The day was consumed in the reading
of the petition and answer, and the sub
mission of testimony in support Of the
same, and it is likely the hearing win
The petitioner introduced a large num-
Der Of aflidavits in support of the allega-
lions in the petition. First came a batch
from engineers on the railroad, who testi-
fed that the Augusta Southern had several
valuable locomotives an perfect order
which We're transferred to the service of
the South Carolina road after the lease,
and secondhand engines of greatly infe-
riOr capacity and condition were put to
work on the leased line. Further that the
engines used by the South Carolina road
We're given the right-of-way in the round
house. while repairs on the engines used
on the leased line were neglected until the
engines became almost helpless.
Aftfdaviis by all the conductors on the
Augusta Southern were 10 the effect that
the first-ciass coaches were taken from
the road by the South Carolina, and that
inferior coaches were put in their places;
that for q month there was no divided car
for the use of white and blacks. as is
required by law, and white and negro pas
sengers had TO ride in the same coach
without division between them, greatly to
the dissatisfaction and complaint of the
patrons of the road.
Also that engines were so neglected that
the conductor could not signal the engineer
by means of the bell cord running through
the train, but had 10 boiler to the engineer
out of the window, and when much noise
was being made by the train, had to send
q train hand over the tender to communi-
cate with the engineer.
station agents testified to the neglect of
the shipping interests of the road, declar-
ing that freight was delayed for weeks,
giving rise to many claims against the
road by shippers
Shippers living along the line of the road
in the lumber wood, cotton and fertilizer
business, testified that The management
under the South Carolina road had been
such as to dpmOra lize their b1s{nees IL
being impossible to get cars when wanted
or when promised 10 fill orders for goods.
Several saw mill men and lumber and
wood men testified that they had been
forced TO abandon their business on the
Augusta Southern.
Several Augusta cotton factors testified
to discrimination in rates, and of the
handling of cotton and of the frequency
of claims and complaints against the road
under the South Carolina management
Resolutions by the directors of the Au-
gueta Southern, appointing a committee
TO so to Charleston ana examine the books
of the lessee and the report of the COM
mittee that obstacles were put in their
way 70 prevent the inspection, were also
placed in evidence. The testimony was
not all in when court adjourned for the
day
The Augusta Southern is represented bv
J. r. Lamar and Boykin Wright, and the
South Carolina by j. b. Cumming and II.
A, Taylor Of Hornblower, and Byrne. Tav-
Tor 4 Miller of New York, counsel of the
company.