The sun., 1898-11-11
BAY STATE GAS DECISIONS
Judge Dallas Allows Delaware
Co.'S Demurrers in Two Cases.
Two Dismissed.
OPINIONS HANDED DOWN, HERE
Morse ct AL, and Edwards ct al,
Stockholders. Had Filed Illegal
Bills and Must Amend-..De.
PENDANTS to Answer Bond.
holders Within 80 Days.


holders Within 80 Days.
In The United States Circuit Court for
the District OF Delaware, yesterday,
Judge Dallas handed down decisions in
four cases against the Bay State Gas
Company Of Delaware.
The decisions are upon the argument
on demurrers filed by the Bay State Gas
Company OF Delaware in reply to suits
instituted by Weir ct al. against Bay
State Gas Co. ct al, and Morse ct al,
and Edwards ct al, stockholders, and
Edwards ct al, bondholders, against
the Bay State Gas Company OF Della
ware.
Honors were even for complainants
and defendants, as two decisions were
favorable to the Bay State Gas Co., and
two were favorable to the complainants.
The Court allowed the demurrer filed
by the Gas Company in reply to the
suit OF Godfrey Morse ct al. and also
allowed the demurrer filed in reply to
the suit of Jacob Edward ct al, stock
holders.
The Court overruled the demurrers in
the cases of Weir ct al, and Edwards,
et al. ,bondholders, against the Gas Com.
pany.
Judge Dallas decisions mean that un-
less Godfrey Morse ct al. amend the
bill in the Morse case against the Gas
Company that suit is at an end. Like
wise in the Edwards ct al. stockholders,
and unless the bill in that case is amended
to make good bill, that case, also, is at
an end.
The decisions which were handed
down in the Edwards ct al. bondhold-
ers case, and the Weir ct al. case allowed
the defendant Gas Company to file an
answer in 30 days. H. H. Ward; ESQ.,,
OF counsel for the Gas Company, stated
last evening that answers to the decis-
ions overruling the demurrer in these
two cases will be filed within the 80
days.
These cases against the Bay State Gas
Company of Delaware, have been pend
ing in the U. s. Circuit Court for long
time. Certain stockholders and bond
holders filed bills in the United States
Court asking that the Bay State Gas
Company be compelled to give an &C.
counting. They claimed that they had
asked the managers of the company for
an accounting, but it had been refused
them.
Senator George Gray and Herbert ii.
Ward, Esq, are the attorneys for the
Bay State Gas Company, and for the
company they filed, in reply to the suits,
general demurrers, making a claim that
the complainants had mot entered their
suits properly and further claiming that
the bills filed were illegal.
Argument on the demurrers took place
before Judge Dallas in the United States
Court at Philadelphia on September 13.
Senator Gray and Mr.. Ward appeared
for the Gas Company, ex-senator Hig-
gins and John G. johnson of Philadel-
phia argued in behalf OF Weir ct al,
while j. H. Hoffecker of this city and B.
l.. NJ. Tower, of Boston, were attorneys
for Morse ct al, and Edwards ct al.
The matter has laid in the hands of
Judge Dallas since and Yesterday after
noon in the Circuit Court in this citv for
the district of Delrwore he handed down
his four decisions.
The first case in which Judge Dallas
allowed the demurrer filed by the Gas
Company was that OF Godfrey Morse,
and another in behalf Of others similar
" interested vs.. the Bay State Gas Com.
Lany OF Delaware. The Court ruled that
the bill filed by Morse ct al. was illegal, I
and that the suit could not be heard I'm.
less the complainants amended this bill
% make it legal and entered it properly.
The complainants must give forty-eight
hours notice on or before December S of
their amendment of the present bill.
The second case was that of Jacob
Jacob Pfaff, Christopher N.
Fower, George A. Smith, Little Chase.
Fanny Chase, Gerard Bement and Cath
lrine Bement as executor and executrix
II the last will and testament OF Uenry
Pfaff, stockholders, vs.. Bay State Gas
OF Delaware. Judge made the
anne ruling in this case as he did in the
Morse case, that the bill filed by Ed.
wards ct al. was illegal and must be
lmended before suit is properly entered.
The complainants also must give forty
light hours notice on or before Deem
Yer 5 OF their amendment to the bill.
The third case was that of Jacob Ed
Yards ct al, income bondholders, VS..
ne Bay State Gas Company OF Delaware.
udge Dallas in this case overruled the ,
demurrer filed by the Gas Company, ,
tating that "what was demanded by the {
omplainants is right, not a method. {
he equity of the complainants does not {
rise from, or depend upon, their de- I
nand for discovery, and need not be +,
ested upon that ground. It is not the
OF discovery which confers
he right to an account but the right to
. account which involves the incident
! discovery" i
In this case the defendants have thirty r
ays in which to answer the bill filed by /
,dwards ct al, bondholders : a
The Weir ct al. case differs somewhat /
'om the other cases in that the suit is
rought against the Gas Company and G
srtain named managers and officials of t
hat company, while in the Morse, Ed 4
ards, stockholders, and Edwards, bond 8
olders, the suit is brought only against 8
le Gas Company. q
The last case is James B. Weir and
ames B. Weir, Jr. We. the Bay State .
O. Company, Of Delaware, J. Edward 9
ddlcks, John Bateman, J. Frank Alice, Il Il