The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1905-06-16
WANTS A RECEIVER
For the South Carolina and Georgia
Railroad Company

i
The ACTION is Brought in the Inter
! est of An Augusta stockhoIder,
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 oy the Southern railway,
and for the appointment of a receiver
for the South Carolina and Georgia
road, were filed Friday in the cfIice OF
the clerk of the circuit court at
Charleston.
The Evening Post, Of Charleston,
says the complaint was prepared by
Attorney D. j. Southall, OF Aiken,
and is a very lengthy bill, containing
numerous exhibits, which are made
part Of the complaint. The bill re.
cites that 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 detrlment of the
financial interests Of the Southern
railway, and the plaintiff having no
other meaDs Of relief, he has asked the
court to intercede and give the de-
sired relief by appointing 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 tbe acquisition and
control OF the Charlotte, Columbia aud
Augusta, later the Carolina, Cumber-
land Gap and Chicago, Carolina and
Midland, and 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 the COM
petition which formerly existed b.
fore the railroads were absorbed and
made part of the system Of the South
ern railway
The allegations OF the merging and
absorption are further set cut 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
| nrnnnrffao nn1nr fhn it,,f to, 4
acts of the State, especially under
section !, artiieaI : q q af the escnnstitetf6u
and the acts OF March g. 1897, which
provides penalty of 500 a day for
every day that the parallel line is
held and operated In violation of the
act, the said penalty to be acquired
In the courts. The several suits in
Aiken and Orangeburg were instituted
by parties seeking to have the penal.
by assessed that they may secure their
PORTION Of the fine, in accordance with
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 sle.k If lie
penalty which is baipg daily incur cd
through the operation Of the con pet
lug line, in vic alton Of the law. The
petition states that instead Of the
South Carolina road being valuable
asset, it Is detrimental and burden, ONE
to the Southern railway, and Is work
ing great damage and Injury to The
stuckno dcri. The c. rporati0n refuses
to correct the OIble, and this is the
justification Of the petitioner going
In tie Federal court. The petition
concludes:
Wherefore, the premises consider.
ed inasmuca as your orator Is remind
less in court Of common law and can
only have relief in court Of equity
where there matters and things are
properly cognizable, your orator, ex.
pressly waving discovery and answer
un6er oath from each and all OF said
defendants, humbly prays.
First That the said Southern Rail-
way Company, its directors, officers and
agents, be perpe6uaily eniOiIed from
further holding or operating or at.
tempting to hold or opalate, either di-
r'ctly or Indirectly, Aa!d South Caro-.
lima and Georgia Railroad Company
Second. That this court appoint
some fl and proper person as receiver
to take charge Of, operate and control
said South Carolina and Georgia Rail.
road Company, under approp late or
ders and direction OF this court, until
such time as the same can be sold un.
der the direotiOn OF this court.
Third. That this court, by appro
pirate DEGREES In the premises, direct
and order tine South Carolina and GeOr.
gla railroad to be sold at public OF
private sale, as the court may direct,
to slme person, persons, or corporation,
who Will own, maintain and operate
the same in accordance with the fun.
damental law OF the State Of South
Carolina, and that the proceeds OF
such sale be turned into tue treasury
OF said Southern railway for the bene-
tit OF its 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"
Valuable Towboat Sinks.
After completing journey Of SOC
miles Without mishap, the towboai