The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1917-01-14
United States Circuit Court of
Appeals Sustains Decision of
Judge Speer.
WAS DECIDED YESTERDAY
Action of District Court of
Georgia Appointing Receivers
For the Company is Upheld
by Higher Tribunal.

Information was received in the
city yesterday from New Orleans an
louncing that a decision had been
cached by the United States Circuit
court of Appeals in the case of Lowen-
nal VS.. G. c. and P. R. R. Co., af-
firming the decision of Judge Emory
5peer appointing receivers for the
m c. and P. 1t will be recalled that
his case has been in the course of
litigation in the United States courts
Tor nearly a year. The original bill
Tor receivers was filed by c. H. and
r. S. Cohen of Augusta and Judge
Max Isaac of this city in the United
states court in Savannah last March.
At this time Judge Speer adjourned
me hearing over to Augusta and later
on at the Augusta session took the
case up but did not act on it for three
months, during which ample time was
given the parties at issue to make a
fNpwing in the presentation of their
caSsc
In July 1916 the case was finally
called for hearing in Macon, at that
time witnesses were examised by both
parties, the examination extending
over several days Finally Judge Speer
appointed F.. D. Aiken, c. H. Leavy,
and Jas. S. Bradley, all of this city as
receivers and in making the appoint
ment rendered an elaborate opinion
ahowing various reasons for his ac-
ion. Afterwards attorneys of the G.
G. and P. succeeded in securing a stay
Of proceedings, the effect Of which
temporarily displaced the receiver
ship and restored the property, the
receivers having previously taken
charge OF it. The case was finally
argued in the Court of Appeals in At
lanta, last October and has been un-
der advisement ever since
An Array of Counsel.
Among the counsel in this case are
numbered some of the most promi
nent lawyers of the South, represent
ing the railroad were: Hitch and Den
mark, Adams & Adams. of Savan-
nah, Joline, Larkin and Rathbun of
New York, Judge Samuel B. Adams
and Capt. R. M. Hitch, appearing as
counsel at the various hearings On
the other side were Hon. Alex G.
. King of the firm of King & Spald
ing of Atlanta, Messrs. c. H. and R.
S. Cohen of Augusta, and Judge Max
Isaac of this city, all of whom have
heen prominent at all Of the hearings
before the several courts. The effect
of the decision handed down in New
Orleans yesterday means that as
soon as official information comes, the
receivers named by Judge Speer in
July will assume control of the prop
erty again and will operate it under
the direction of the court. While re-
ceiverships may not ALWAYS be the
best thing that can happen, at the
same time the people of Brunswick
ought to be gratified that Judge Speer
saw fit to appoint three Brunswick
ians as receivers. All of these gentle
men have the interests of Brunswick
at heart, are deeply interested in the
Growth of the city and will devote
their time and ability to the task of
bringing the property through re-
ceivership, which seems to be the
course these days of all railroads be-
fore they attain to their fullest meas
ure of development.
With a conservative management
on the part of the receivers it is safe
.to predict that the best interest of
fboth the G. c. and P and the city
of Brunswick will be conserved.