Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-12-21
ASKS AN INJUNCTION
Ryan Seeks to Restrain SsabOaTd
&RoanokeTom Consolidating,
APPLIES TO JUDGE WADD|ll.
Date Fixed for Hearing, But No
Temporary Order Granted,
THE MEETING IN RALEIGH TODAY
Action OF the Raleigh and CASTOR
Not Affected by the Proceedings
THE MEETING IN RALEIGH TODAY


Application was made before Judge
Waddill, sitting as Circuit Judge, last
night, on behalf Of Thomas F. Ryan
against John Shelton Williams, OF Rich
mond; John ID. Middendorf, of Balti-
more; Leigh X. Watts, of Portsmouth;
James II. Dooley, of Richmond; John II.
Sharp, of Portsmouth, and w. Chamber
laine, Of Norfolk, for a preliminary in
junction to restrain the defendants from
taking any steps towards concentrating
the consolidation Of the railroads Of the
Seaboard Airline System with the Flori-
da Central and Georgia and Alabama
railroads.
After an argument. which lasted for
nearly six hours, Judge Waddill held that
there was no case for Il preliminary in
junction to restrain the defendants as
sought, especially TO restrain the voting
Of the stock of the Raleigh and CASTOR
Railroad Company at its meeting OF
stockholders, to be held to-day, particu-
ldrly as it is a corporation of the State
of North Carolina. The Judge suggested
that a speedy hearing should take place
and il was arranged that the application
for injunction should be heard on De-
cember 18th, at which time all the ques-
lions in the case will be considered, with
leave to parties to file affidavits.
This decision was given with the un-
derstanding that the Seaboard and ROa-
noke Railroad Company will do nothing
in the mean time towards the proposed
consolidation. This does not. however.
affect the meeting To be held at Raleigh
to-day. in which the Raleigh and Cas-
ton Company will pass upon the matter
Of going into the consolidation.
AN ARRAY OF COUNSEL
The counsel engaged in the case were
Messrs. d. Lawrence GrOner Of Norfolk;
Frank l.. Crawford, of New York. and
w. L. Marburg Of Baltimore. for Ryan,
and Messrs Henry & Williams, Judge
l.. H. Lewis, and Edgar Allan, Of this
city, with Judge J.. X. Watts. OF Ports
mouth, and Judge Cross, vi the firm OF
Cowan, Cross * Bond, of Baltimore, for
the Seaboard.
Counsel for the petitioner arrived in the
city early yesterday morning, and en-
deavOred TO bring up the case at once.
Judge Waddill was, however sitting in
the case Of Barcus vs.. Gates, and post
poned the consideration of the matter
until o'clock. He determined that the
representatives of the Seaboard Airline
should be given an opportunity. to appear,
and they were duly notified.
Judge Watts came TO the city on the
Cannon-Ball Train from Norfolk, and
Judge Cross arrived from Baltimore on
the $3.50 train. The hearing OF the petit
ton was delayed until o'clock. in order
to allow Judge Watts to be present.
TILT BETWEEN COUNSEL.
There was an interesting tilt between
counsel at the outset Counsel for Mr..
Ryan presented a bill praying for the
Injunction, which extends over sixty
pages of typewriter matter. The aues-
ton was raised whether or not 1t would
b. necessary 10 read this bill OF what
course should be taken.
Mr.. Groner proceeded TO outline the
plaintiffs case. Frequent exception was
taken 10 his statements by counsel Tor
the defendants. Judge Watts contended
that there was no need for the Injunction;
that all the securities were safe.
There have been eleven suits instituted
by Thomas +. Ryan" ne said vita fine
scorn. 'in each of which ! have been
made the defendant. Mr.. Ryan has worn
the court threadbare, and he now comes
TO your Honor, ! suppose, because you
have been but recently appointed No
emergency had been alleged, he contend
ed. and in view Of the fact that the
securities were perfectly safe he asked
for time 10 digest the bill before replying
IN il Judge Simonton, he said, would not
go into the case without giving notice
No life was jeopardized; no interests
threatened.
WHAT THE OBJECT Is.
Mr. Groner retorted that Judge Watts's
were as faulty as ms power
70 grasp the drift OF the bill. THE de-
fendant's counsel" he said. ARE here by
courtesy of your Honor. We have no de-
sire 10 force any bill down their tnrOat.
We want no snap Judgment, Out thlhss
are threatened 10 be carried out to-mor-
row that may be stopped Dy your ,i iiO S'inr,
and if they are not stopped II Will Work
injury and hardship TO the plalntlH.
SNhat things?" asked several counsel
for the Seaboard Airline I'm concert
"At a meeting held yesterday replied
Mr. Groner President Williams was in
structed 10 bring about the consolidation
OF the Seaboard Airline and several
other companies. We submit that the
Is absolutely iiiegal, ana II
it is carried out irreparaole injury ana
will be done TO the plaintiff
"Don't YOU know" asked Judge Watts,
"tbaf consolidation could not be effected
without an act OF legislature
Mr.. Groner: Have you no act OF Legs
lature;
not
Mir. Groner then continued TO argue.
Judge Waddnl, interrupting said; I'm
less a succinct statement can be given as
fo urgency you had better read the bill.
NOT TINE TO READ IT.
Counsel for the defendant asked for |
ime, They had rot been allowed 10 see
the bin until short time before the |
,ourt convened, and though they had diii-
,ently applied themselves 10 reading IL, |
new had been unable TO get through more |
han half of the pages
Nr Groner said counsel Tor the plain |
~ would agree 10 hold no meeting in |
2aleigh to-day; they would willingly |
postpone the matter
Judge Watts raised objection 10 the |
All on the ground that some of the de- |
'endants aid not reside In this judicial |
,istrict He made some further objec- |
ION and Mr. GrOner interposed, saying: |
wait tjll you hear this BILL
Judge Watts: Ii must be novelty.
MIR Groner replied with some heat. and |
aid he had been persistently interrupted |
~ counsel for the defendants. Matters |
ron took a personal turn until Judge |
Xaddill closed the incident.
STATEMENT OF THE CASE.
Mr.. Matbury said he thought he might |
Ma able 10 give a succinct statement OF |
he case. ON Tuesday a committee repre-
enting the Board Of Directors or me \
,eaboard and Roanoke railroad was au-
borized TO vote It's stock In the Kaleish