The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-02-11
URGENCY FOR The ACTION
\ CLEAR RIGHT TO THE RELIEF,
SOUGHT
SUCH IS THE DECISION OF JUDGE WADDlLL
And He Cannot Say That Either of These Con-
ditions Exists. Therefore the Prelimin-
AIRY Injunction Asked For by
RYAN is Refused.

Richmond, Va. Feb. 10.-Sittins in the
United States court roday Judge Waddiii
denied the petition Il Thomas /. Ryan
agaust W'l:ams m the Seaboard AMI
Roanoke railroad f3:'' preliminary in
junction 10 res;rA'l ~. S"a3onld Air
inc consolid lt:)r
This case WAS Instituted hy supl,lcmen-
.ary proceedings brought III Norfolk.
The decision which IS brief and. tXplana-
DRY Of the ISSUE raised. is as follows:
This court, in its written opinion filt d
herein on the 10th day of January, 1900,
gave its reasons f1r refusing AZ that time
The injunction prayed for BY the com
)lalnant. and under The principles there
u stated, governing the granting or re-
uSal OF lnJunctlonS does not think that
he injunction should now be awarded.
The complainant ID the present time
loes not appear 10 have sus .ained any
iamage and the danger of mis- so dor q
n the future. or of such damage being
rreparable, or irram.dianle IN character
loes not sufficiently appear 10 warrant
he courts interpos'ticn by lie oxtrao.-
ease, where n minority stakeholder il
seeking TO enjon rompan: of WHICH
lie is a member. and uis co-stockh olaers
rom doing an a:t Which they conceive
o be beneficial % rlleir inrrr..t. two
hings. AT least. shpul1 appear VIZ: That
here is urgency for the ac:ion and that
he complanAnt'S right 10 the rcli, {
ought is clear. ! cannot say thar either
# these conditions exist. Complainant
insists that the defendant. he eauoard
and Roanoke Railroad Company. cannot
consolidate and that Is efforts 80 10 DO
IRE ultra wires. JE
The determination Of this latter qies-
ion al this time involves the courts pass
ne upon the validity of the legi,, Il, iii of
he States of Virginia and North Caro-
ina on an application for a preliminary
Injunction. a court should seek rather
o carry out :han impede the legislative
Intention. and 1njv i'll a plaza case az in
Talidity should ar ,ct Of the Legis iature
De set aside i'll advance Of Il hearing IN
he merits. w1e.e that question ~ one Of
he important ISSUES Involved .ild hts
correct determination can De definitely
settled at the final trial. -iS heretofore
declared l doubt not 1t that n this
suit. comprehensive as Il =. with all
parties in interest before the court, full
and complete reli-f can lnl VIII BE- af.
forded complainant. AMI that regardless
IF anything contairc1 in he act OF the
Virginia Legis!ltuce. passed since It's in
stitution. whereby complainant, rights
and reined as are sought 70 be prescribed.
The preliminary inlrutri9a prayed for
Will be refused " 1855.
Ryan. who has these many years been
trying TO wreck the Seahoard railroad.
has again been thwarted in his plans
In fact he has been ANONYMOUSLY
beaten out Of every court in the land,
and now there is nothing he can do but
whistle and watch the procession go
by. For the Seaboard system Will
speedily he consolidated as originally
planned by the Williams syndicate and
is provided for in the law passed by the
last Legislature
Ryan has made four attempts TO secure
an Injunction stopping the consolidation
Of the road. First he went to Judge
Waddill at Richmond He failed Then