The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-10-25
JUDGE FOSTERS ORDER.

Election Of New Directors Enjoined Tn
less Cumulative Voting Is Allowed.
In the Circuit Court of the United states for the
District Of kansaS-Eirst division; William
Palmer smith. complainant. vs.. The Atehlson,
Topeka a. santa Fe Railroad company. ID. b.
RoDlnson. r. Wider, Edward j. BerWind, WI,
l. Bull, Charles 5 Gleed Samuel q. Law
B. +. Cheney. jr., James A. Blair. c. X. Hoili-
day. Thomas +. Fowler, John A. Mccall, u,
SeYery and 4. X Sturgis. defendants.
And now comes the above named com
plainant by Benjamin F. Tracy, New
man Erb, Williams & Dillon. Henry Wool
man and Nj. Summertield, his counsel,
and presents to the court his bill Of com
plant, duly verified, praying for an IN
junction. and the undersigned judge OF
said court being fully advised in the
premises does hereby order that the said
application of the com plainant for a
temporary injunction be set for hearing
before the undersigned at his cham bers
in Topeka, Kansas. on the 29th day of
October, 1884, at 1920 a. IN, and that the
said defendants and each Of them shall
be and appear before the undersigned
at said time and place and show cause
if any they have, why an inju notion
should not be granted as prayed in the
said bill of com Dlaint-
It is further ordered by the under
signed judge that in the meantime and
until the further order Of this couft or
the Judge thereof, that said defendants
and each and everyone of them, their
agents, servants and employees and All
other persons who shall conduct
or partici pate in sid meeting TO
be held as hereinafter set forth.
be. and they are hereby restrained
from preventing the above named com
plainant, or any of the other stock hold
ers Of the said Atchison, Topeka Il Santa
Fe railroad com pany, at the election Of
on the 25th day of October, 1894. or on
any subseo uent d ~, from voting on the
following plan, to wit:
Each shareholder to have the right
to cast as many votes IN the
aggregate as shall equal the num-
Der Of shares held by him or
her II said company, multiplied by thlr-
teen, that being the number Of directors
to be elected at said election. and each
shareholder to have the right and privi-
lege of casting the whole number of his
or her votes either in person or BY
proxy for one candidate.
The said parties and all of them are
further enjoined and restrained from
preventing The said complainant or any
other shareholder Of said defendant com
panv from voting at said election IN
accordance with what is known as the
cunt ulative plan Of voting. or in accord
ance with section I, chapter AZ Of com
piled laws of Kansas Of 1881 and from
holding any election for the directors Of
said company except in accordance with
said statute. and from declaring the re-
suit Of any election held otherwise than
under said statute. And the said defend
ants and each of them, and their agents,
servants. and employees shall be
and they are hereby restrained until
the further order Of this court from v5f-
ing at such election three thousand
shares Of stock in the treasury Of said
com mpany, or any other stock in the treas
ury Of said company.
This order is made upon condition
that the com plainaut give bond to the
defendants IN the sum Of three thousand
dollars. said bond to be approved by the
clerk of this court
CAssIUs G. FOsTER, Judge
TOPEKA, Oct. a. 1894.