The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-12-22

haanoke Rallr0aa Company. or permit
ting such stock I'd be voted; and that
they shall restore to the treasury of the
Raleigh and CASTOR Railroad Company
the ISIS shares of stock so purchased
and the sale declared null and void.
). That the defendants be perman-
emily enjoined from taking amy action
under chapters 6S and 107 of the Laws
of this State passed this year as amend
ments to the charter of the Raleigh and
Castor Railroad Company, without the
unanimous consent of It's stockholders,
and that the Raleigh and CASTOR Rail-
road Company be specifically enjoined
from any increase of its stock or from
any issue of securities under said laws.
f. That the Raleigh and Castor Rail-
road Company be prohibited from using
the name of the Seaboard and Roanoke
Railroad Company or the Seaboard Air
Line Railway Company or any colorado
imitation of said name without consent
of the directors and stockholders of said
Seaboard and Roanoke Railroad Com
pany.
s. THAT the defendants be prohibited
from listing ON the New York stock ex-
change, or any other exchange the Sc
curities in litigation.
1t was ordered also that the com
plainant's motion for an injunction pur-
sllant to the prayer of the BILL be set
down for hearing at II o'clock Il. M.
before Judge Purnell in this city, on the
Goth day of December, 1899.
1T is further ordered adjudged and
decreed. that until the hearing of said
motion for an injunction and the further
order of court thereon, the defendants,
Raleigh and CASTOR Railroad Company,
Seaboard and Roanoke Railroad Com
pany, John SHELTON Williams, John w.
Middendorf. Leigh r. Watts and their
agents, employees, servants officers and
attorneys, and all persons desiring inter
est frCm or through them or acting with
or for them. be and they are hereby re-
strained and prohibited as prayed i'll said
BILL
1T being further made to appear to the
court by the affidavit that the complain
ant is a stakeholder an the Raleigh and
CASTOR Railroad Company and the Sea-
board and Roanoke Railroad Company,
is entitled to have from the defendants
the said John Shelton Williams. John
w. Middendorf and Leigh Il. Watts,
discovery of the interest which they and
their associates, who are directors and
controllers of majority of the stock of
said Raleigh and CASTOR Railroad Com
pany and said Seaboard and Roanoke
Railroad Company, have in their securi-
ties which it is intended that the Raj
eigh aud CASTOR Railroad Company shall
purchase with its. stocks and bonds, and
as to the other matters alleged in said
bill:
1T is therefore ordered and decreed
that james r. Shepherd, standing mast
err in chancery in and for the Eastern
district of North Carolina, take tcsti-
nlony either within or without the ais
trict. touching the averments of this bill,
upon the application Of either party, such
testimony to be used on the hearing of
the motion for an injunction; the said
master shall have full authority to COM
pei the attendance of witnesses. and
order the production before him of all
books, contracts, records, vouchers, pa
pers and documents pertaining to the
allegations set forth in the bill: the said
special master shall give notice to both
parties of the taking of any testimony
before him. He is directed to finish
such examination with all convenient
speed, and certify the testimony taken
before him i'll the court, and file the
same with the clerk.
complainant shall execute a bond III
the sum of $1,000, conditioned els pro-
vided by law and the rules OF this
court"
This order was signed by Judge Pur-
nell at 11:15 o'clock. The meeting was
to be at noon.
The Seaboard people knew nothing Of
what was going on in the court. They
were getting ready for the meeting.
blissfully unconscious of Ryan's attempt
to Illustrate their plans.
But it was not long before they knew
of it-for somehow, despite the secrecy
of Ryan's attorneys, the news of the
granting of the injunction was soon
known on the street. and the Seaboard
attorneys and officials rushed wildly in
search Of Judge Purnell
He was soon found and he willingly
agreed to give them an immediate hear
ing. He directed that the Ryan folks
be notified.
Quigg was found pacing up and down
the pavement i'll front of the building
Burton was in his office. But Page had
gone to the place appointed for the
meeting, where he was cooling his heels,
waiting for the stockholders to come
that he might serve the order on them.
And he could not be induced to leave,
fearing II plan on the part of the Will
liams' people to decoy him away.
Finally, by direction of the court, Mr..
Burton went down and pulled him off.
In the meantime news of the sensa-
tional turn affairs had taken spread, and
the crowd Of lawyers and newspaper
men became such that Judge Purnell
adjourned the hearing from his office
to the court room.
He stated, on re-opening the case, that
he had signed the order because the
''tinle was short and the matter urgent.
There was now opportunity for hear
ing from both sides. and he was glad to
reopen the matter"
Mr.. Page spoke first, in favor Of the
injunction. His speech was extremely
sensational He began by saying that
the Raleigh and CASTOR meeting proposed
to be held here was "a part of the Sea-
board and Roanoke meeting at Ports
mouth ON Tuesday.
'"The Seaboard and Roanoke is the
parent road of the Seaboard system. 1t
has been operated with profit, the rest
a Ga,