The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-01-25
BELT LINE CASE CALLED UP.
ATLANTA AND WEST POINT IN
JUNCTION PROCEEDINGS.

Effort to stop the Construction of n
Belt Line Around Atlanta-The
The Central and Several ShVan-
nahians Among the Plaintths-At-
Iantn and West Point Before the
Railroad Commission to Object TO
an order.
Atlanta. Ga, Jan. 24.-The Atlanta and
West Point Belt Line case was called up
for hearing before Judge Lumpkn OF the
Superior Court to-day. This is the IN
junction suit brought by the Central Of
Georgia Railway Company and other
stockholders of the Atlanta and West
Point TO prevent that company from build
ing a belt line around part Of the city
OF Atlanta, connecting the Atlanta and
West Point with the Georgia and Western
and Atlantic roads.
The contention is that much money will
be spent upon this belt line, and that it
is an investment unwarranted by the cir
cumstances under which the company Is
doing business and. therefore, injurious
to the stockholders, who are complaining
and who seek to prevent further expendi
ture on this proposed line, surveys for
which have already been made and the
property either bought or under option.
The plaintiffs in the bill are julius N.
Alexander. Mrs. Caroline Lamar, Hugh
M Conner. Miss Annie Conner
Simon Guckenheimer, Mrs. Eliza
Cunningham. Mrs. Elizabeth H.
Minis, A. Letter, Alexander r. Iawton, as
trustee for Mrs. Cunningham and chill
dren, and as trustee for Louisa Mccall
and children. the Telfair Hospital and the
Central of Georgia Railway Company.
Defendants in the Case.
The defendants are the Atlanta and
West Point Railroad Company, the Geor-
gia Railroad and Banking Company and
the Georgia Railroad Bank, the Louisville
and Nashville Railroad Company George
c. Smith, Thomas X. Scott and Milton
II. Smith. The plaintiffs are represented
by Messrs. Lawton & Cunningham of Sa-
vannah, Messrs. n. J. & T. A. Hammond
and Mr.. H. A. Alexander. The defend
ants counsel are Messrs. Dorsey, Brew
eter & Howell, Messrs. Joseph B. & Bryan
Cumming and Messrs. King & Spalding.
The plaintiffs charge that the majority
of stockholders are endeavoring to oper-
ate the company's business so as to con-
stitute a fraud upon the rights and inter-
est of the minority stockholders, the claim
being that the belt line was solely for
the benefit of the Louisville and Nashville
road.
The defendants contend that the belt line
will prove a great benefit to the Atlanta
and West Point itself, and that the in
vestment by the company of the funds
which ii has on hand for that purpose viii
greatly enhance the value of les property
Testimony introduced.
The days session of the court was taken
Of h.. =.
the case and with the Introduction of
testimony in the form of affidavits. The
main witnesses for the plaintiffs were Mr.
H. II. Conner, president of the Central;
Mr. j. NJ. Egan, vice president of the
Central; Col. A. r. Lawton, Mr. ]. M.
Alexander and Mr.. John B. Peck, the EVIL
dence of all of whom tended to bear out
the contentious advanced In the petition
for injunction.
The defendants supported their view of
the situation with affidavits from Mr. Mil
ton II. Smith, president of the Louisville
and Nashville; Mr.. George c. Smith.
president of the Atlanta and West Point;
Mr.. II. NJ. Abel, secretary of the Atlanta
and West Point, and others.
Objects TO the Order.
To-day the railroad commission heard
a statement from President Smith. of the
Atlanta and West Point Railroad Com
pany in opposition to the former order of
the commission putting that road In class
one, that 1t is on the same basis as the
Western and Atlantic and the Georgia in
its freight charges. After once passing
the order for the change in classification.
which would mean considerable decrease
In freight tariff In force on the line. the
commission suspended ats operation in
view of the yellow fever epidemic, which
demoralized the company's business
In his argument to-day President Smith
declared that the West Point had earned
only 5000 per mile as against $12 600 per
mile by the Western and Atlantic and
Georgia, and therefore the proposed
change in classification would be unjust.
Money Spent for Terminals.
He also urged as an excuse for the
further suspension of the order that his
company had recently spent a large
amount of money for terminal facilities in
Montgomery, and was about to spend an
other large amount in Atlanta The
amount spent in Montgomery was $3.50 600
he said, and the estimate was that $500.
900 would be spent in Atlanta. this money
being applied 10 the construction of belt
line which the Central and other stock.
holders are trying TO prevent in the courts
President Smith said that his road now
pays the Central $4,000 a year for the
privilege of entering Atlanta. After the
belt line is completed this charge will be
reduced one-half.
The commission took the matter under
advisement, and will render their decision
later on.