Atlanta age., 1900-01-13
RAILWAY FIGHT
In u. S. COURT
Stockholders File Bill Against
Georgia and Alabama.
ENJOINED FROM COMBINING.
Judge Speer Grants Order Direct
ing Defendants to Appear
and Answer.

The fight that Thomas r. Ryan and
his associates are waging against the
Seaboard Airline syndicate and John
Shelton Williams, who is at the head
of the syndicate, shows no sign of
abating. Instead it is more bitterly
contested each day. A long drawn
and closely contested legal fight is
imminent. In fact it has begun.
The latest move in what will prob
ably prove to be one of the most bit
terly fought railway battles of recent
years was made at Macon, Ga, Mon
day when Judge Emory Speer, of the
United States circuit court of the
southern district of Georgia, granted
temporary injunction restraining the
officers of the Georgia and Alabama
railway from consolidating it with the
Florida Central and Pcninsulsr rail-
road or any other corporations on a
bill filed by Michael j. Dady, a mi
nority stockholder.
It is alleged in the bill that J. Skel-
ton Williams is at the head of what is
called "voting trust that controls
practically all the stock of the Georgia
aud Alabama railway and is proposing
to consolidate that road with the Flor
ida Central and Peninsular, of which
he is also president, and that the pro-
posed consolidation with the latter
road is in his interest as we'll as in the
interest of other persons associated
with him in the "voting trust" and
contrary to the interest of the road
and its stockholders.
j. Shelton Williams, John w. Mid
dendorf and G. Sidney Shepard are
also parties defendant and the injunc'
tion operates against them. The bill
was presented to Judge Speer by
Marion Erwin and Joseph M. Terrell,
as counsel for the complainant, Dady.
Dady's bill, in addition to the allega-
tions that the proposed consolidation
is preiudical to the rights of the stock
holders and the road and for the per-
sonal interests of the voting trust
headed by Shelton Williams, claims
that the Georgia and Alabama railway
and the the Florida Central are paral-
lei and competing railroads, and un-
der the constitution of the state OF
Georgia their consolidation is pro
hibited.
Colonel Joseph M. Terrell, of coun'
sci for the complainant, as attorney
general cf the state of Georgia, is now
officially engaged in prosecuting two
suits in the name of the state of Geor'
gia and by the direction of Governor
Gambler to prevent other railroad con
solidations claimed to be contrary to
the same clause of the constitution oi
the state which is claimed in this suit
before Judge Speer is about to be
violated by the proposed consolidation
of the Georgia and Alabama and the
Florida Central and Peniusular rail
roads.
The bill prays that Messrs. Williams,
Middendorf and their associates un-
der the "voting trust" agreement, be
enjoined from voting the stock they
hold under the agreement in favor oi
the proposed consolidation, and that
these railroads be enioined from re-
ceiviug any vote under that agree
ment. The allegation is made in the
bill that the Williams syndicate is
proposing to get several million Of
dollars for personal services in carry
ing cut the consolidation scheme.
After considering the bill Judge Speer
granted the following order:
"Read and considered. Let the
defendants named be temporarily en-
joined as prayed until Saturday, the
18th instant, at which time they are
directed to show cause before me al
Macon, Ga, at 10 o'clock a. M, why
the injunction prayed for should moi
be granted.
"Ordered further, that a copy OF
this order be served on each of the
defendants named or on their coun'
sell"