The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1905-06-14
WANTS A RECEIVER
For the South Carolina and Georgia
Railroad Company

Railroad Company
The sction is Brought in the Inter
est Of An Augusta Stakeholder,
Who Own Many Shares.
: The papers in the suit Of Henry q.
Cummings, OF Augusta, to break the
lease Of the South Carolina and Geor-
gia railroad by the Southern railway,
and for the appointment Ut a receive:
for the South Carolina and Georgia
road, we're fled Friday in the flee Of
the clerk of the circuit court at
Charleston.
Toe Evening Post, Of Charleston,
says the complaint was prepared by
Attorney D. ). Southall, OF Aiken,
and is very lengthy bill, containing
numerous exhibits, which are made
part Of the complaint. The bill re.
cites thas Cummings is a stockholder
OF the Southern railway, owning one
hundred shares, and the reason OF the
suit is that the plaintiff believes that
the continued control Of the South
Carolina and Georgia road by the
Southern is to the detriment OF the
financial interests Of the Southern
railway, and the plain,iff having 20
other means Of relief, be has asked the
court to intercede and give the de-
sired relief by appointing a receiver
and selling the road, putting an end
to the present operation OF the South
Carolina and Georgia by the South
ern, which is declared to be in viola
tion OF the constitution and the acts
OF the Legislature.
The bill reviews the acquisition and
control OF the Charlotte, Columbia and
Augusta, later the Carolina, Cumber-
LAND Gap and Chicago, Carolina and
Midland. apd last the South Carolina
and Georgia, giving detailed account
OF the connections and routes OF the
road, the whole being to show the
merging Of the parallel lines which
are complained Of, and incidentally
the alleged hurt to the cotton mills Of
Aiken, Langley, Graniteville AND
Warren, in tie increase OF freight
rates through withdrawing tae COM
petition which formerly existed be-
fore the railroads we're absorbed and
made part OF the system Of the South
ern railway
The allegations of the merging and
absorption are further sst out in the
exhibits, in which particular refer
ences are made to suits which have
been by various parties in Aiken and
Orangeburg counties, and also by the
Attorney General in Kershaw county,
all seeking to break the lease OF the
properties under the constitution ano
acts Of the State, especially under
section Z, article 9 Of the constitution
and the acts Of March 2. 1897, which
provides a penalty Of s100 day for
every day that the parallel line is
held and operated in violation Of tne
I act, the said penalty to be acquired
in the courts. The several suits in
Aiken and Orangeburg we're instituted
by parties seeking TO have the penal
ty assessed that they may secure their
PORTION Of the fine, in accordance wish
the law.
The bill OF complaint proceeds to
tell OF the large sum Of money which
has been expended in the maintenance
OF the South Carolina and Georgia,
damage suits, etc.. not to speak cf the
penalty which is being daily incurred
through the operation Of the compel
ing line, in violatio OF the law. The
petition states that instead Of the
South Carolina road being a valuable
asset, it is detrimental and burdenSome
to the Southern railway, and is work
ing great damage and iEjury to The
stockuo dsrs The c. rporation refuses
to correct the trouble, and this is the
justification Ct the petitioner going
In O tie Federal court. The pe.i5on
+, concludes:
Wherefore, the premises consider.
ed inasmuch as your orator is remind
less in a court Of common law and can
only have relief in a court Of equity
where there matters and things are
properly cognizable, your orator, e2-
presSly waving discovery and answer
under oath from each and all OF said
defendants, humbiy prays.
First That the SAID Southern Rail
way Company, it's directors, officers and
agents, be perpetually enioined from
further holding or operating or at.
tempting to hold or operate, either d.
rsctly or Indirectly, sad South Caro-
lima and Georgia E .il.oad Company.
Second. That this court appoint
some fit and proper person as receiver
to take charge Of, operate and cootrol
said S. nth Carolina and Georgia Rail
road Company, under appropriate or
ders and direction Of this court, until
such time as the same can be SOLD un-
der the direction OF this court.
Third. That this court, by app-o-
pirate DEGREES In the premises, direct
and order the South Carolina and Geor-
gia railroad to be sold at public OF
private sale, as the court may direct,
to some person, persons, OF poratlon,
who will own, maintain and operate
the same in accordance with the fun
damental law OF the State CT South
Carolina, and that the proceeds OF
such sale be turned into tie treasury
o. said Southern railway for the bene-
fit OF it's stockholders.
; Fourth. That the court will from
time to time grant unto your orator
such other and further relief as may
: to the court seem meek"