The times. [volume] (Richmond, Va.) 1890-1903, 1898-09-30
RYAN AND THE SEAB0ARO.
Judge Simonton Issues an oruer 10
Meet Present Necessities.

i,, making certain notifications Ia ms
forr,or one I'm the case Of Thomas T..
RYAN w the Sea6oard and Roanoke RAM
road Company and others An order was
entered. by direction OF the Judge anu
i'm pursuance Of the opinion TX pIoNioo'
that $50 much of the restraining o. u1'
passed on tine "a day OF OCTOBER a. D''
1897. be revoked as prohibited LOUIS NC
Lane and Legh K Watts from represent
ing. appearing for or voting upon any
shares of the capital stock OF sait Sea-
board and Roanoke Railroad Company
standing In the names Of any subscribers
10 the said pooling agreement as proxies
by reason OF the executed pooling agree
ment and as prohibited the officers.
Judges and inspectors Of election OF said
corporation from recognizing the sai0
pooling agreement and from accepting
any votes cast by said McLane and
Watts under said pooling agreement eN-
cept SO far as the same is related TO the
shares standing in the names OF the per
sons mentioned and referred TO in the
Srd paragraph OF said order.
And nothing contained IN said order.
this papcr goes on 10 say, cor in this
order is intended 10 snect any right 90
vote. or other right. n any such exist,
or If said persons mentioned IN said IRA
paragraph. are not made parties 10 this
cause
1T Is further ordered that so much Of
!he said order Of October %. A. ID. l'3|
as directed the special master % begin
and hold references and as provided Tor
an inspection of the books. documents
and papers of the said Seaboard and Roa-
noke Railroad Company shall be- sus-
pended until the further order of the
court.
"This order is made 10 meet the pres
eut necessities OF this case. and DIS WnoHy
without prejudice to and the c'nsider1-
ton OF the motion for injunction made ln
the cause"
The Washington Star Of yesterday
says:
'The annual meeting Of the Seaboard
Air Line Company VIII be held in Ports
mouth Va. Wednesday next. and 10 ls
expected the event will Doe attended WIN
possibly very interesting proceedings.
Readers Of The Star Will recall thal LOT
more than a year past Mr.. Thomas II.
Ryan of New York. has been trying to See
cure the management N the road from
Mr.. II. Curz0n Hoffman. who has been
at the head of the corporation Tor "a NUM-
her of years past. The basis OF MT.
Ryans claim Us that the majority or me
owners OF the stock of the road ngretd
some months ago 20 sell their holdings to
him az Sl2j per share. but that they are
prevented from doing $50 by reason Of the
existence Of "a pooling agreement winch
placed tho stock in the hands or Mr.
Hoffman and his friends absolutely Tor
five years. Mr.. Ryan has from time 10
time sought the Intervention ~ me
United states Courts 20 compel Air Holt
man and the others 10 transfer the stock
alleged to have been purchased hy Mr
Ryan through the latter. but SOD FAR thcy
have not made much progress IN that
direction.
Recently. Judge Smonton. OF the United
States Court for the Eastern District or
Virginia. dismissed a suit entered by &.
b. VI. Harvey against the Seaboard ana
Roanoke and Raleigh and Castor Rail-
road Companies which Is the corporate
name Of the SeabOard Air Line. upon
technical grounds A day or two since,
however. counsel for Mr.. Harvey present
ed new authorities and additional facts,
ana. upon this representation. Judge
SimOntOn has ordered that there De
rehearing OF the case.
Although the suit was entered by Mr..
Harvey. 10 is well understood DO has init
mate connection with pending suit or
Mr.. Ryan who hopes get "a fayorahle
decision on the latter and thereby secure
control of the Seaboard Air Line. Mr..
Harvey is said 10 bee ouIiless assoc
ci1te OF Mr. Ryan. and is also sad 70 te
cooperating with him in the nsht aA"nst
the present management OF the Seabo1rd
and Roanoke for the purpose OF having
made effective o. purchase OF ab1u, ts0 -
OoO of S-aboard stock which was made
by the Raleigh and CASTOR Comp tny
eighteen months ago. and when was
adiudged 20 be illegal. The suit Is also
for an injunction 10 prohibit The votes
OF said stock being cast by the Raleigh
and Castor Company and others az the
stockholders meeting OF the Seaboard
next week.
The chief feature Of the case. as shown
I'm the SUPP 'emental bin, Is IN the charge
that the majority OF the stock OF tie
Raleigh md CASTOR Company Is owned by
the Seaboard Company; that the two COM
NAMES have the same boards OF directors,
and that the officers, agents and employees
OF the Raleigh and CASTOR Company are
appointed and controlled by the Seaboard
Comnany 10 is alleged In the papers Med
that Mr. Hoffman as president. and his
friends by virtue Of their official position
as directors. caused the Raleigh and Gas
ton Company 10 use part OF the pro-
ceeds OF an issue OF bonds 10 purchase
500 O0l Of Seab0ard stock. This stock was
purchased. IL Is alleged. from parties who
contained a covenant not 20 SCH the stock
Cor five years. The claim Is made that
the owners OF the stock had been induced
10 sign the agreement upon ire represen-
tation that it was for the purpose OF max
Ing a sale OF stock OF all signers az 333
per share 20 Thomas r. Ryan, and not
for the purpose OF having IL tied up for
live years and who We're therefore.
threatening to bring suit themselves 70
dissolve the pool They were pacined, II
is alleged. by having their stock purchas-
ed ty the Raleigh and Castor Company.
The bill further charges that Mr.. Hon.
man and his friends. IN having this stock
purchased by the Raleigh and Castor
Company-the purchase amounting 70
about one-fourth 81 the amount pooled
had three objects ln view: First 70
silence discomfort among members OF the
pool. second 10 place In their hands the
power to veto the sale at any time within
five years, and. third. 10 increase them at
the regular stockholders meeting OF the
Seaboard and Roanoke Railroad Com
pany. and to cast a large number OF votes
in favor or their own reelection.
The contention on the part OF the COM
plainant Is that IN view Of the fact that
the seaboard and Roanoke Company prac-
tically owns the Raleigh and Castor, any
Seaboard stock which the Raleigh and
CASTOR Company may purchase. assuming
that IL has the right 10 purchase nndar