The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-03-13

has Wynn's Letter Box Case - Color
Traffic Deal-Omaha's Keports-Couri
aud Business News.
Trenton, N. J., March 12.-Vice Chan
cellor Reed this morning filed with the
clerk Of the court Of chancery his de-
rision dismissing the bill brough;
against the American Tobacco compa-
NY.
The suit was brought Jointly in the
name OF the attorney general and Miller
Bros, tobacco dealers, of New York, fov
the purpose of restraining the Tobacco
trust from transacting its business and
from conducting the business in man
ner prejudicial TO the complainants and
Injurious to the people of the state of
New Jersey. The opinion is a voluni-
nous one and Vice Chancellor Reed
makes comparison as to what would be
the rights of an individual and Of cor
poration under the same condition. He
saws tina. il would not be thought of to
go into court to restrain an individual
from exercising the right Of selling to
whom he pleased, and he argues that
corporation has the same right in this
respect as an individual
He says ii is perfectly obvious in this
case that upon the assumption that the
American Tobacco company is legally
organized corporation there is not the
least ground for imputing 10 it conduct
since its organization of an ultra wires
character.
The question as to whether the corpora
ton is legally organized. is one that the
vice chancellor holds should be deter
mined by court OF law under quo war
ranto proceedir lgs.
The syllabus OF the opinion is as fol-
lows:
First. court of equity does not pos
sess Inc power to restrain corporation
organized under the forms OF law from
performing ac.s within the corporate
power, merely because some of the
steps taken in organizing the corpora
ticn may have been irregular, or be-
cause the purpose Of the incorporators
may have been TO establish a monop-
oily.
Second. under these conditions quo
warranto is the appropriate proceeding
10 challenge the light Of the corpora
ton TO exercise its franchise.
Third, a trading or manufacturing
corporation, until its charter is annulled
by such proceedings at law, has the
Eame authority as an individual trader
or manufacture TO sell or consgn its
goods. to select its selling agents and to
Impose conditions as TO whom it shall
feIl and the terms upon which it will
sell
Fourth, a decree restraining the Off
GERS and agents of a corporation from
executing its corporate powers is the
rame as a decree enjoinlng the corpora
ton itself"
wYNN'S LETTER-BOX CASE.
Washington, March 1.-THE suit OF
Solomon c. Wynn of Toledo, against
William L. Wilson, as postmaster gener-
nj, ard Messrs. Mayberry and Ellis,
contractors, to annul the recently award
ed contract for furnishing street letter
boxes to the government, has abated by
reason Of the retirement OF Mr.. Wilson
from the postmaster generalship. This
WAS decided today by Judge Cox, on
the strength of a recent United States
supreme court decision, and the only
step the complainants can take is 10
bring the suit against the new postmas-
ter general, Mr.. Gary. 1t is asserted
that the prosecution Of the case will be
dropped.
COLORED MAN WINS.
Galveston, Tex. March 1.-THE court
OF civil appeals has affirmed the decis-
ION Of the lower court in the case of
The Pullman Palace Car company, VS..
Thomas w. Cain, a negro minister, who
purchased a first-class ticket from st.
Louis to Galveston. but who was corr
PEELED to ride in negro car. The APP
pcllate court held that where ticket is
sold for a separate coach like a Pun
man. That negro is entitled TO pass
age in that kind of car, or the compa>
ny is liable for damages.
NEW JOINT TRAFFIC DEAL
New York. March IA very import
ant arrangement has been entered into
between the Norfolk and Western and
the Joint Traffic lines. whereby the for
mer receives fixed percentage of west
bound business under special agree
ment respecting the same Negotiations
10 that end have been under way in this
city during the past few days between
Vice President Bullitt OF the Norfolk
and Western and Knott of the Louis
willie and Nashville, on the one hand and
the Joint Traffic representatives on the
other. The agreement reached is well
calculated TO bring shOut tho f,J.t,ra
maintenance Of the west-bound rates.
The agreement applies 10 the Cumber-
land Gap Despatch. operated by the Nor
folk and Western and the Louisville and
Nashville and all other possible dis
tuToing factors under ii, so far as the
west-bound traffic is concerned, viii be
effectually removed
OMAHA'S GOOD REPORT.
ST. Paul. March 12-The fiscal year OF
The Chicago. 81. Paul Minneapolis and
Omaha railway is also the calendar
year. The annual report of the Omaha
FOR 1896 has been sent 10 headquarters
by the printer and copies Of it were sent
70 officers in New York and officials in
St Paul by Comptroller Scott. Il shows
sS,15S,lse.s0 gross earnings. made I'D as
follows; Passengers, 81, 6s5. $50 IS: freight
1888. $50, 1851: express, Sl57 1854; mail