The times. [volume] (Richmond, Va.) 1890-1903, 1895-04-07
Gas xDDIcKs WINS AsxfS.
The Injunction Affecting the Gas Trust
Election Dissolved.

Inc huo Ting the ttd
Election Dissolved.
NEW YORK, April c.-Justlco Patter-
son, IN The Supreme Court. has dis
solved the temporary injunction which
was granted several weeks ago. at the
instance OF George A. Smith. the owner
OF bonds OF. the Bay State Gas Company
or Delaware. restraining the Mercantile
Trust Company, as trustee, from voting
on $i2.OOO00 OF stock Of The Bay State
Gas companies, 81 MASSACHUSETTS. Della
ware and. New Jersey al tho annual
election OF the Gas Trust. The motion
10 continue the Injunction Is denied. IL
is IN this case that j. Edward Addlcks.
OF Delaware, figures as defendant.
The Judge says that from the inspection
OF tho complaint. Il is obvious that Mr..
Smith has no right which may be as
serted In this action az at present framed.
that would ontitle him 20 restrain the
particular act referred to. tie does not
sue as a stakeholder OF the hay state
Gas Company, OF Boston, the election OF
directors OF which IN interforod with
by the outstanding Injunction, nor does
he allege that he vs. stoekholdef OF
that or OF the Delaware, company. The
only attitude In which he stands ~ that
OF bondholdcr Of the Bay state Gas
Company. OF Delaware but there Is no
allegation that his bonds are due, or
that there ~ any unpaid interest upon
them. nor does it appear that the bonds
that he holds are secured In any way
by mortgage upon any property ar the
Ray State Gas Company. Of Boston. and
therefore II ~ not shown that he has
even a lien upon any property or the
latter company. or that he stands In any
other relation to that company than that
or a creditor OF another corporation.
whose debt - unmatured. He Is In no
better position. therefore. than the holder
Of . mere promissory note, ca any other
obligation of one company which has
an interest I'm the assets, but not In the
management. OF another company.
The judge also says that the complaint
is defective IA stating the cause of ac-
ton. In that thoro Is no specific charge
against the Mercantile Trust Company
OF completely In any particular threat 2ncd
act injurious 10 the rights Of tho bond
holders OF the Delaware company. or
that Il rs contemplated that those at whose
instigation the Trust Company will vote
at the election Will de- any specified OF
designated act which would result I'm In
Jury to the bondholders All that Is al
legged Is that. under the terms OF u trust
decd, 10 which the bondholdcrs OF the
Bay state Gas Company. OF Delaware.
are absolute strangers. the company in
tends 10 vote az the dictarion OF Addicks
Tor directors OF the Bay State Gas Com
pany. OF Massachusetts. FOR persons who
will perpetuatc and continue inegal and
wrongful acts. which would deprive the
BAY state Gas Company, OF Delaware OF
cerain or its assets. How, or I'm what
way. this Is to be- done, Is not indicated.
All that ~ alleged OF misconduct. or
action supposed TO be- Injurious TO the
tut.reata Of Smith has already been done.
Therefore. an Injunction cannot remedy
AZ. How the same completed wrong Is
20 be perpctua;cd or continued does not
appear. but only suspicion is raised
that under the same management other
wrongs may possibly be perpetratcd.
The temporary Injunction Is therefore
dissolved. but without prejudice 20 any
right MIR. Smith may have 60 apply Tor
"A new Injunction on an amended COM
plalnt. on proper papers. or In another
action. as he may be advised