Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-12-21


Ryan only owned seventy-One shares.
while the committee represented. LIS
shares. Ryan had been given every OPP
porturity to join the movement. and his
interests had been most carefully con-
sidered
In support Of this contention, the fol-
lowing telegram from President Williams
to Mr.. Ryan was submitted and read:
December u, 1892
Thomas r. Ryan, 100 Broadway, New
York:
have received your telegram. We
have already submitted all the offers,
suggestions, and propositions that any
fair-minded man could reasonably desire,
including propositions for the arbitration
BY court or DISTINGUISHED persons, of the
differences between US, and We have no
thing further to propose our efforts TO
secure a peaceable solution Of the ques-
ton have been in no way reciprocated
by you. but you have appeared to be
determined to place I'm the way OF this
great enterprise, which means so much
for this whole section OF country. every
obstacle within your power, directly ana
Indirectly. At the solicitation OF yOursen
or your attorneys, meetings were post
poned. hoping that an adjustment might
possibly be reached. and your attorneys
have endeavored 10 make capital out OF
these adiOurnments, by securing the fenu-
ing out Of newspaper reports intimatlng
that these adjOurnments we're forced upon
us by your opposition. Your attorney VS.
tied a newspaper office In Norfolk sat
urdav night and succeeded I'm having sent
out over the wires false statement 70
the effect that you had held up the
meeting which was held in Raleigh on
Saturday by your unexpected opposition
whereas our programme for Saturdays
meeting was carried out precisely as we
had planned. We have told you frankly
that we intended TO respect all your rights
as a stakeholder in this system, and 10
accord TO you terms as favorable as those
al m stakeholder.
you will join with US in an honest ef-
fort TO work out this proposition on a
wise. conservative, and equitable plan,
you have the opportunity OF doing so, Dut
II your aim is TO obstruct. delay, and in
jure. you can 90 ahead on your own re-
sponsibility. We are prepared to protect
10 the fullest and 70 promote the interests
which we represent, and you viii! md out
this will be done In conclusion, VIII
again remind you Of the statement which
YOU made to me I'm one Of our first inter-
views-to-wit: That it was not your In
tention, to use your own language, 70
"sandbag" the situation, and that II you
did not feel warranted i'm joining us IN
our plan Of reorganization, that you would
name a price on your STOCK, Wmcn your
attorney, Groner, informed me In the
presence Of your attorney. Page, had ave
ragged you between ninety and one nun
dred. ! would also remind you or your
request. which You urged upon me IN our
last interview. that ] should advise my
10 sell out their holdings at two hundred
dollars per share for Seaboard stock,
which you said YOU thought was full
price for that stock. and one which they
ought to be only too glad TO realize
J. S. WILLIAMS.
WHAT is ASKED FOR.
The bill was then read, explained, and
commented on by counsel for the de-
PENDANTS. The prayer Of the petition is as
follows:
/. That the Accommodation SHELTON
Williams, OF Richmond. Va; John W.
MiddendOrf; Leigh K. Watts, of Ports
mouth; James II. DOOley, OF Richmond;
John II. Sharp Of Portsmouth; W. Cham
berlaine, Of Norfolk; the SeabOard and
Roanoke Railroad Company-be served
respectively, with the process Of this
court requiring each Of them 10 appear
in this cause and answer the premises
but without oath, and to stand to abide
by such orders and DEGREES as the court
shall herein enter.
. That on the final hearing the court
will adjudge and decree that the defend
ant. the Seaboard and Roanoke Railroad
Company, has no corporate right or
power 10 consolidate with the Georgia
and Alabama Railway Company or the
Florida Central and Peninsular Railroad
Company. or any other railroad corpora
lions hereinbefors mentioned, and will
forever prohibit and restrain tho said
SeabOard and Roanoke Railroad Com
pany. its officers, agents, and attorneys
from entering Into any agreement To con-
solidate the said SeabOard and Roanoke
Railroad Company with said corporations,
or any OF them: or in case such agree
ment Of consolidation shall have been
already made, viii restrain said SeaDOard
and Roanoke Railroad Company, its Oiil-
GERS, agents, and attorneys, as aforesaid,
from doing any act or thing In further
ance of. or in pursuance Of said agree
ment Of consolidation.
3. That the court will adjudge and de-
cree that the defendants-JOhn SHELTON
Williams, John W. AliddendOrf and Leigh
r. Watts-being the committee appointed
by the SeaDOard and Roanoke Railroad
Company, as hereinbefOre stated, 10 vote
the stock held by that company i'm other
corporations, their respective agents and
attorneys. and all persons associated or
combined with them, or acting with or
for them, or by their authority, or any
of them, shall be forever restrained and
prohibited from voting the stock or per-
hitting 10 be voted the stock. now held,
or heretofore held, as aforesaid, by the
SeabOard and Roanoke Railroad Com
pany, in the Raleigh and CASTOR Railroad
Company, in favor of the acquisition OF
the stock of the Florida Central and Pc
ninsular Railroad Company, or the GeOr-
gia and Alabama Railroad Company, or
the SeabOard and Roanoke Railroad
Company or the Raleigh and CASTOR
Railroad Company. or any other stocks.
said defendants. Williams, or Midden-
dorf or Watts or either OF them, or by
the said Seaboard and Roanoke Railroad
Company syndicate. or any of its men,
bers, or by any other persons who may
hold the same on behalf or or i'm trust
for the said defendants. or the said syn
dicate. and prohibiting any other persons
whatsoever from voting said stock. whe
Their said acquisition be made or is con-
templated 10 be made with money or by
the issue or securities, stocks. or bonds
Of the Raleigh and CASTOR Railroad Com
pany, or in any other manner whatso-
ever; that said defendants and all MEM
bers of the Seaboard syndicate, and the
persons combined or associated with
them, be further enjOned from voting
said stocks I'm favor of any scheme or
consolidation as contemplated by the
resolution introduced and passed at the
meeting of stockholders of the Raleigh
and CASTOR on the 18th, at Norfolk.
RULING OF THE JUDGE.
After the reading OF the bill Judge
Waddill said: "As TO the Raleigh and
CASTOR railroad, ! don't think l can re-
strain II on the bill. / don't think this
court ought 70 restrain these gentlemen
from voting this stock. No temporary
Injunction can be entered TO stop them
voting the stock If they own II. Inc
court not having jurisdiction over the
Raleigh and CASTOR property, no inJunc-
ton can be awarded.
Continuing, Judge Waddill SAID the
mere assertion that certain STOCK hdd not
been prOperly acquired was not sufficient
ground for enjoining the holder Of that
stock. Ordinarily" said Judge Waddlll,
this is an ex parte proceeding, and the
injunction goes as a matter or course IL
a prima facie case f. made out
let the action OF the directors stand
over until the application can come up
regularly"
There was some discussion over the
moral effect of the injunction upon the
securities OF the SeabOard Airline.
Judge Watts contCnded that they would
be injured irreparabiy; that the action