The morning news., 1899-09-12
SUIT AGAINST THE CENTRAL.
MIDDLE GEORGIA CASE HEARD BE
FORE JUDGE HART.


tition Has Not Been Destroyed as
i Held by the Stnte-Tilt Between
Auorncys-Some AHdavits Filed at
the Last Moment May Cause An
other Delay.
Atlanta. Sept 1.-THE affidavis filed
and read before Judge Hart here to-day.
in the case OF the state against the Cen
tr.I Railroad for alleged violation Of the
constitution in absorbing the Middle Geor-
aa and Atlantic and Eaton,on Branch
Railroad were v0,uminous. Those Of The
Central embraced l71 pages Of printed mat
ter. the reading Of which was shared IN
bv all the counsel for the defense, while
they were followed by the judge and OPP
posing counsel with printed copies before
them.
This Is the first case brought in a Geor-
gia court to annual the sale Of one road
10 another under that provision Of the
constitution which prohibits one road from
owning or acquiring stock in another
where such tends to lessen or destroy
competition.
This IS the gist OF the fight, and the re-
suit Of which may be far-reaching in its
erect. There seems more than appears
on the surface Of the case. and some START
ling results may hang upon the issue.
". B. Thomas of the Middle Georgia
and Atlantic was present at the hearing
and the state submitted affidavit from
him. The Central made a strong defense
this afternoon. the whole trend Of the eV-
idence being to show that competition had
not been destroyed, as under the former
condition it gave an outlet from Eatonton
only through the Georgia, and that only
through bills Of lading on cotton were
given via that road to Charleston, where
the shippers wanted il 10 go Savannah
and shippers testified they were compelled
90 forgo their inclination to snip TO the
latter city because Of the discrimination
against it In favor Of Charleston.
Amdayits in RebuttnI.
In rebuttal the state submitted copies
of letters from Edward Kar0w, procured
from General Manager J. w. Preston OF
the Middle Georgia and Atlantic in which
Karow asserted that the Central found it
cheaper 10 buy them out than TO hgAf
them.
other letters of a private business na-
ture were read One Of these letters re-
veaed that President Conner of the Cen
trai indorsed the bonds of the Middle
Georgia and Atlantic for 5000 a mile, SS,-
90 to go 90 the owners and 900 to be
turned over TO Mr. Conner as president To
put the road in good condition.
KarOw. in one Of these letters. written
about the time of the purchase, thought
the road in good condition, and advised
against selling, or rather favored waiting
a year when the time for selling would be
more propitious.
A letter from the soliciting agent Of the
Central at Milledgeville. prior TO the safe
contained the information that the Mid
dleland, Georgia and Alabama captured
a large portion Of the Centrals Atlanta
business through the wholesale distribu-
tion OF passes 20 shippers, and men of in
fiuence in Milledgeville.
4 Little Tilt.
The court adjourned al O'Clock to-
night to take up the hearing again to-mor-
row morning al o'clock The last hour
of the sitting was the most interesting OF
ali. the closing minutes bringing about
spirited ult between Col. Lawton and
Judge J $. Turner, an attorney represent
ing citizens OF Eatonton in which there
was the least tinge Of acrimony upon the
pert OF both. 1t was relative to the filing
Of some aftidavits by Judge Turner in re
buttal the defendants counsel having
been denied the right 10 see them, al
though they had been filed in the clerks
Office ia Eatonton. Cob. Lawton charged
that IL looked like somebody was trying
10 conceal something, and there was not
the eemblance of a smile ON his counte-
nance as ne said H.. This riled Judge Tur-
ner. who in a calm manner, explained
as he began his reply that ne had brought
the affdavits 10 Atlanta Immediately upon
filing them, and then vehemently repudiat-
ed the insinuation that he had done any
thing improper in the premises.
May BE Further Delay.
Judge Hart restored the lawyers equa-
nimity by ruling that the defendant 9
counsel could 90 over the affldavits To-
night and If they were surprised by the
contents he would grane another delay
in the hearing The bundle containing
these new affidavits was a large one and
kept the lawyers up until after midnight
TO wade through them, and they may
plead surprise tomorrow asking for q
postponemont of further Fearing. Unless
This is done the hearing viii end to-mor-
row, the day being devoted almost entirely
70 argument
The state was represented by Attorney
General Terrll, Judge j. S. Turner, Sen
ator /. T. Wingfield and Attorney Bur
well Of Sparta. The Central Is represent
ed by Lawton & Cunningham Hon. j. r.
Lamar, ex-Congrcssman T. G. Lawson
and ex-Speaker jenkins. President Conner
and Vice President Egan of the Central
were present at the hearing
why the Road Was Sold.
Messrs Isaac G. Haas and Edward Ka-
row Of Savannah made "A joint affidavit
going into the detailed history of the
road in which they say that from the
start some of the inhabitants OF Eatonton
assumed a most inimical attitude toward
the Middle Georgia and Atlantic Road
although every dollar spent in construc-
ton Improvements and repairs by It's
owners Injured TO the benefit of Eatonton
This affidavit also asserts that the Cen
trail committee, finding its ownership oi
these about siXty-fve miles of road bur
oensome and an Improbable investment
then sold on Dec. 81, 1896, 20 the Centra
of Georgia Railway Company the two
roads Ca $40 miles, by transferring to il
the total stock issued on both roads. The
terms Of the sale stipulated that the Cen
tral committee should cancel the exist
ing mortgage on the Middle Georgia ant
Atlantic Railway Company, and SHOULD
receive from the Central of Georgia Rail
way Company $1,000 per mile OF a new
issue OF $1,000 per mile first mortgae,
bonds. 5 per cent. currency, 50-vea
placed BY the Central of Georgia RailKya,