The times. [volume] (Richmond, Va.) 1890-1903, 1897-05-16
THE FRACTION co. WINS.
THE w rKD sTArES COURr or ar,
PKALS DECiDHS THh CASh,
,rho Lo,ssr Court IS Upheld and Nh. Hyer's
Alleged Contract Is Illegal and Void
Judge Brawiey pissenis'

p The mtrh-discussed Hycr case has been
lusn, sftica ly an opinion rendered hy
4 She l'nHea sflt.s CIcuN Court on fli-
B G., ,rslI.e utt before aaJourniug for
h 49,. lrlnf Tho facts la tAo case, which
ha,4. ham repeatedly stated in Iae Times
,..r. "a, follows l.. a. Iyer civil cn-
,.n,er claimed To- have entered into
.cutraa vI.h Mr philip B. Shield some
limo sro iu tho Interest OF securing
charte lor t.c Richmond Traction Com
many When tno privilege had been OBJ
faned liver claimed am interest in The
.nflrnise ANA being rCltacd me brought
sUt in thc United states Circuit Court
The Circuit Court having decided
nl..n.f .no complainant, the latter fCok
an antcal nu4 Che higher court has just
sustained rlo decision Cf the Circuit
count There can bee no further appeal
from fhc decision OF the United States
Circuit Court of Appeals. although q
dIssenfiag opinion has been handed down
lv Judge Hrawley The United States
Supreme Court can. however Dy Wft
OF corl0rau have The papers ia Che case
submitted Co that body, III IL is thought
that errors have been committed. 10 ls
generally Thought, however that tho acc
tou of tAc United States Circuit Court
oi Appeals finally disposed of the case.
a LENGTHY OPINION.
The opinion. which is written by Judge
~. '''il' ','.' y, ,,'. .ec g., de-
laA it sets forth tlc ioio~ins-
..Th.re were Two competitors before the
municipal authorities of Richmond. each
asking Tor himself upon the best terms
Ao could the grant OF q street railway
franchise. Aplareutlg both Of them were
promoters. hat is 90 say. were without
SUFFICIENT capital themselves. depending
upou securn. The ad. cooperation Or
purchase OF CAPITALISTS.
"IIe competition evidently was bitter
and hostile. f0r tlc competitors had no
Communication whatever with each other
The complainant was satisfied that he bad
1.-THE inside tracks" ald was master OF
the situation With this hIeh hope ard
announcement nc sought bis capitalist
in New Yorl. CD obtain thc fruiti1n Ol h.s
efforts. There Ic unexpectedly meets hls
rival ir clo.. D.rI.r.rr. with the capital
Ia Under the advice OK this capitalist
he la.e aside his rivalry and the comuc.
tons become allie. ANA au competition be-
t,,eon tbcm c0a...
his REASONS.
The reasons wu.ca induced him were
Yhst the aut.lonism would probably Ie-
srr in Tho defeat of both. on chat before
lie franchise was obtained. 10 would De
loaIel with su.n owners and eNactuE
conditions that uo capitalist could Doe in-
duced TO- uut money m tle enterprise. The
re.0If. ID t.e advice was the contract jon
,...t..r Do, fH. contract complainant
.,I f.. -,,.I f..r.l hands. Withdrew au
,,r,-e..t.or ..r..y fo co-oporatc ln see
...r.r. . rr...h... Our ID street railway
fr.r, DID. ,...,....,..i .ntroritIos OF l.ieh-
mon9 AND to l.ti0. Whatever WAS real-
fglI fr,r, tb. ..f.rnrI.. rref drluctlne
..,,er... ir......I lid. either side.
.,rr.r .a,..l d., r.. $50 fIr us il went
the afvau.... OIL commitments deposit
ir FL Richmond nnk ana the franchise
ta Ir..eog for WAS that of the Richmond
Traction COMPANY. for the building of an
overhead trole. railway or cable system.
ADDING chase words "amone ourselves we
v.u1 dco.de vhat names are proper TO be
r.o1 .n tho franchise and the nolicy we
y..n reo in rr0curina the same"
..rle effect of this reconciliation Of in-
forests was to prevent ai comp iluon Dee
l",'" gre 'i''i .-.....',.,,.''.,
.'t pm ' % ''' Xxx. .'l'.,.i+ In NJ ,Io.
''' "-'. '. '''' ., ti..,.f.,.,,
-''' d" ..' '.'' ~ ..,...f .',.i,o,,.f..
.''. ..'i lif..-lt.'li., ,or,i
''' '..e '..,....,,. I'D ~
".'''.' ,, t.... -. 80. tr,.l ~.
.''.-7 80 ,i,'. 49,,
""e o.. ''. '-'''
WAS "'"'''''
AGAINST flbl-lC foLlC1'
.tr- er.rt which STILES competition
or prevents fair and reasonable price for
proncrt, D. against public policy. especial
.I... ....... D. .,, aha. s.ror.rftr fl "a