The San Francisco call., 1896-03-22
The Courts Decision in the
Railroad Case Is All in
His Favor.
he IS LEGALLY A DIRECTOR.
A Change in the Officers of the San
Francisco and North Pacific
Railway.

Sidney v. Smith has prospered in his
fight against the directors of the San
Francisco and North Pacific Railroad. He
has not only secured a decree that P. n.
Lilienthal has not been elected, but he has
been granted an injunction restraining
every one from opposing him in his pos
session of the vacancy which Lilienthal
leaves.
of the case all evidence as to the power of
Foster and Markham to vote the 40, 900
shares of stock held by the syndicate, and
it had already been decided that Wagner
and Gunderlich had good proxies for the
5000 shares which they voted and which
had been thrown out. This change of
things elected Smith, but the hitch in the
case was what measure of relief he was to
Seawell had under advisement since
Wednesday last. Smith wanted an in
Junction against those who interfered with
him, and decree by the court declaring
| him elected and declaring Lilienthal not
elected. The defendants denied that an
injunction was legal possibility in the
case, but they failed to suggest any better
remedy. Saturday morning Judge Sea-
we'll decided that an injunction was both
legal and proper, and he granted all that
Smith demanded. The decree as entered
is as follows:
1t is now ordered and adjudged and decreed
that at the annual election held by the de-
fendant corporation on the 2oth day OF Feb
ruary, 1896, the following named persons were
elected by the stockholders thereof to serve as
and they are lawfully directors thereof
Ior the ensuing year, viz; Antoine Borel,
Howard, Arthur W. Foster, Andrew Markham
and George A.. Newhall. That the defendant
r. N L1lienthal was not elected director OF
said corporation At saia meeting and that nat ne e IS
date OF said meeting; that he unlawfu1ly
] usurps and intrudes himself into said office.
That the plaintiff Smith is entitled to exercise
the said office now unlawfully filled and exer.
cised by said Lilienthal, and that the action of
the defendants, the San Francisco and North
pacific Railroad Company, Arthur W. Foster,
Andrew Markham and F. N. Lilienthal In ex-
cluding said Smith from his said Office as di-
rector Is unlawful
1t is further adjudged and decreed that the
SAID +. N. Lilienthal be, and he is hereby per-
petually. enjoined from exercising, or attempt
Ing to exercise, the Office of director of the San
francisco and North Pacific Railroad or at
tending the meeting of the board OF directors
thereof as director by virtue of the said cleo
ton of the 25th OF February, 1896, or the dec
larauon OF said Foster at said meeting OF his,
| said LilfenthaPs election, or from interfering
IN IN any ahs roi way Whatever With the ,h smith n
/ director; and said Arthur w. Foster and said
Markham and George A. Newhal are hereby
Perpetually enjoined from recognizing SAID
Lllienthal as director of said corporation, or
from refusing to recognize said Smith as q
director, or from interfering in any way what
/ soever with said Smith in the exercise OF his
office as director. And the defendant, the San
Francisco and North Pacific Railroad Com
pany, its officers and agents are hereby per-
petuaily enloined from recognizing said Lii
entnal as director. or from interfering In any
way whatsoever with said Smith in the exer-
| else OF his Office.