Birmingham age-herald., 1894-12-02
 JUDGE ". ". WILKINSON Hands Down His Opinion and
 Decree IN THE INJUNCTION CASE Of the Alabama Great Southern Railroad-The Southern
 WorSted.
IN THE INJUNCTION CASE

case Nnlch was argued 1n the second dlvl- sion of the city court week before last. The contempt proceedings were held in abey- snce until the motion to dissolve the injunction had been disposed of. As will be noticed Judge Wilkerson does not notice the contempt proceedings in his deci- sion.
 The result of this decree is a victory for the Cincinnati, Hamilton and Dayton peo- pie over the Southern. both of which com panies are fighting for the control of the Alabama Great Southern railroad.s
 The complainants fled their bond yester- day and will take an appeal to the supreme court.
 Judge Wilkerson's decision reads as fol- lows:
 John Greenough ct al. vs. Alabama Great
 Southern Railroad company ct al. City
 Court of Birmingham in Chan cery.
 Compiainants' bill for an njunction al- leges in substance as follows: The Ala bama Great Southern Railroad company is an alleged Alabama corporation, owning a railroad about 290 miles long, running through the state of Alabama and known as the Alabama Great Southern railroad. This corporation has outstanding 166, 500 shares of stock, all of which, except eleven shares, are owned by another corporation, an English concern, bearing the name Alabama Great Southern Railroad com pany, limited, and such shares aud the dividends therefrom constitute it's chief asset. The shares of the English company are owned by various individuals and some of them by oompainants. A majority of the shares of the English company have been pledged by their owners to the Central Trust company of New York to secure S8, ,000 ,000 of bonds issued by the East Ten nessee, Virginia aud Georgia Railroad company and the Richmond ard Danville Railroad company. Complainants own and control s2,SoO, 1000 of such bonds, known as Cincinnati extension bonds. Prior to October 8. 1894, there were eleven directors of the Alabama corporation, each of whom held one share of stock, and the three complainants were three of those directors. Prior to October 8, 1894, neither Henry Taylor, John Taylor, Henry Shoe- maker, M. b. Woodford, Alfred Sully or Eugene Zimmerman were members or stockholders of the Alabama company, but they were directors or other officers in the Cincinnati, Hamilton and Dayton railway, an Ohio corporation op- erating railroad in Ohio. Ia April, 1894, they, "solely in the interest of, and in se- cret trust for and upon the means and credit of the Cincinnati, Hamilton and Dayton Railroad company and for the ex- press purpose to constitute the Alabama Great Southern railroad feeder to it's Ohio system,p and after the Cincinnati ex- tension bonds had been defaulted, pur- chased $3, ,009 ,000 of said bonds, bare ma JOTlty3 anu Cldilu tadb tueTSOy lucy btCuT6u voting control of the majority shares of the English company, pledged to secure the bonds, 'sand they declared their pur- pose to obtain and maintain their own control of the entire pledged shares, con- stituting the whole trust estate and com- mon security until complainants and other minority bondholders would submit to such terms as might be offered by ssid Day ton railroad interest. Said Taylor and associates named formed "schems, ' ia In. yf,.I into tx%n fectuate that purpose and to oust the direc- tors in office and obtain control of the rail road, of all of which the defendants, the Alabama Great Southern Railway com pany and the Alabama Great Southern Railway company, limited, were advised, 'and at stockholders meeting of the English company held in London, August 10, 1891, at the request of the Dayton in- terest and for the purpose of giving them control, the complainants were busted as directors of the English company and it was openly declared in said meeting that the majority bondholders had made an alliance with the said Dayton rail- road interest and were to assist the latter to obtain substantial control of the railroad, which the Dayton company desired to ob- tain as a feeder to its own system.'
 "These six Dayton associates being q majority of the board of directors of the English company, against the protest of complainants and tho majority stockhol
 
 proxy to be executed to vote all the shares belonging to the English company for said Dayton associates as directors of the Ala bama company at the annual meeting to be held on October 8, 1894. They were not legally qualified to be elected directors, be- cause they were not at that time owners of any stock in the Alabama corporation.
 "That, in pursuance of their unlawful fraudulent conspiracy to obtain for their own benefit and profit the practical con- frOl of inc aeCnrltV't for tba bonds, they endeavored by many unwur- ranted irregularities to have themselves elected directors of the Alabama company at the October meeting. Complainants voted each his one share. The result of the vote was not announced because of an in- junction procured by ycomplainants. Com plalnants contend that because no result was declared there was no legal election, and, therefore, they hold over until the au- nual election in 1895, but that said six as. sociates claim they were elected, together with five old directors, and com plainants busted by the 156, ,5S7 votes of the English company reason to fear and verify believe, and there fore charge that these six associates, in further execution of their purpose to seize and maintain control of the affairs of the corporation and detraud complainants and other minority bondholders out of their propertionate interest in the common se- curity, will pretend that they had been elected directors, and will by force and arms usurp such offices and undertake to oust complainants and usurp the power to control the road with view to feed and benefit the Dayton railroad and make per- sonal profit; that thereby "they would in. fict great and irreparable injury upon the corporate affairs and diminish its income and value, and the valne Of the securities held by complainants. Wherefore the re- lief asked by complainants is that the Ala bama company be enjoued from recogpiz- ing said Taylor and associates as directors unlii elected at the annual meeting in De- tober, 1895, or to disturb compIainants as directors, or in any wise control said rail- A2ad. An injunction as prayed for has
 Ap granted on compliments ex parte
 ication, and defendants now move to
 Ee the same for want of equity in the
 bn their demurrer, and upon the de-
 the answer. If complsinauts are
 maintain the iujunction 1t must
 M urights.
 biunstl ex.