The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-02-12
NINETY-NINE YEAR LEASE
ESTABLISHED.
Georgia Railroads. Privileges in
Central Macon Terminal Defined.

Georgia Railroads Privileges in
Central Macon Terminal Defined.
Under an agreement reached yester-
day afternoon shortly after 2 o'clock,
the case of the Louisville and Nash
vile Railroad and the Atlantic Coast
Line Railway against the Cen
trail of Georgia Railway was
Withdrawn from the jury in
the Superior Court when court con-
vened at o'clock, the defendants
having practically acknowledged the
existence of the contract which the
plaintiff sought to have established.
The conference was attended by Maj.
Joseph B. Cumming of Augusta, at
tcrney for the plaintiffs and general
counsel for the Georgia Railroad,
President John NJ Egan of the Gen.
trail of Georgia Railroad, and Col. A
r. Lawton and Mr.. T. NJ. Cunning
ham, Jr., representing the defendant.
While the result of the conference was
not announced in court, further than
that an agreement had been reached
il is understood that the Central of
Georgia representatives conceded the
existence of the contract, with a few
minor changes.
The case was on trial the greater
part of the day, and was very inter-
esting, not only because of the prop
erty rights involved and the promi-
nence of the parties, but because of
its numerous unusual features. Capt.
w. G. Raoul. one time vice president
of the Central Railroad and Banking
Company, and now president of the
Mexican Central Railroad, was a wit
ness in the case; and dispositions of
late John. w. Greene, general manager
of the Georgia Railroad, were read.
The object of the suit was the estab-
lishment of a certain lease made in
1881, between the now Central of
Georgia Railroad and the Georgia
Railroad, to the terminal of the for
mer company at Macon, together with
the use and privileges of the round
house, railroad bridges, clerical force
and four miles of track leading into
Macon. The lease was made in 1881,
and was signed by Capt. Raoul and
Capt. Greene. Some time ago the lease
was destroyed in a fire which swept
away the Georgia Railroads offices in
Macon.
Afterwards the same two gentlemen
got together, and from memory made
out a memoranda of the subject mat
ter of the record so destroyed. 1t
was this memorandum that the plain
tiff sought to have established. The
principal question in dispute was
whether the lease, if any was ever
made, was for term of ninety-nine
years, the Central claiming that
though it received annual rental I'M
der such a lease that it was not
obliged so to do, and could at any time
revoke the lease.
Capt. RaouPs testimony and the in
terrogatories of Capt. Greene, taken
by Maj Cummings some time before
his death, bore out the contentious of
the plaintiffs, in matters of main i'm
portance. Capt. Raoul made an ex-
cellent witness. His testimony was di-
rect and conclusive, he remembering
distinctly the provisions of the lease
made over twenty years ago.
Mr.. Carlton Hillyer auditor of the
Central Railroad, was also a witness.
The plaintiff was represented by Mai.
Cummings and D. C. Barrow, and the
defendant by Lawton & Cunningham
and H. Wiley Johnson. Mai. Cum
ming, Capt. Raoul and Mr.. Hillyer left
last night for their homes.