Custody Battle No. 2

Two years later in 1959, when the State of Georgia was in the process of developing Stone Mountain Park, the second battle for custody of the General took place. This time the Stone Mountain Memorial Association wanted the General for display at the park then being built. The Chairman of the Association Matt McWhorter called on the president of the L&NRR to release the General for display at Stone Mountain Park. One account indicated that the railroad had agreed and would also provide a car to display with the old engine. This later proved to be incorrect, and in spite of much publicity over a period of several months in which the governors of Georgia and Tennessee also got involved, the General did not come to Stone Mountain Park. So heated was the controversy that Newsweek magazine carried a story about it in their National Affairs Section, March 23, 1959. The matter was finally settled in July, 1959 when William H. Kendall, the L&N president, advised that the railroad would not give up possession because the locomotive was of value to the railroad "in a historic sense and for advertising purposes" and that "we do not believe that it would be to the best interest of the railroad at this time to surrender possession of this most interesting old engine." Later, on July 23, 1959, Attorney General Eugene Cook of the State of Georgia, gave an official opinion to the governor advising him that the L&NRR could acquire full title to the General in 1969, if it chose to, under the terms of the existing lease contract, whether the State of Georgia, through its legislature, agreed or not.

After the merger of the NC&StL and the L&N railroads, several members of the public relations staff of the L&N began to day dream about firing up the old General and running her again, especially during the period of the forthcoming observance of the Civil War Centennial. About this time, Warren A. McNeill came to the L&N as public relations director, and when he heard of this idea he had it checked out in detail to include costs and then presented the idea to the top management. The proposal was approved, and the green light given to bringing the old locomotive to Louisville for rehabilitation in the L&N Shops there. In view of the previous bouts in the press about where the General should be located, L&N President Kendall directed that the engine be removed from Chattanooga at night and the explanation given later.

On June 6, 1961 the General was removed from the Union Station in Chattanooga, TN to be transported to Louisville for restoration.