The times. [volume] (Richmond, Va.) 1890-1903, 1900-02-11
RYAN LOSES AFTER
HIS HARD FIGHT
Judge WaddiII Refuses to Grant In
junction.
CASE TRANSFERRED TO NORFOLK
Whitaker. and Fuller to Remain
Where They are for the Present.
Other Items Of
Interest.
CASE TRANSFERRED TO NORFOLK

The preliminary injunction asked for
by Thomas F. Ryan to restrain the Sea-
board and Roanoke railroad from con-
solidating with any of the other lines
comprising the Seaboard Air Line sys-
tenn was refused by Judge Edmund
Waddili, Jr. in the United States Cir,
cult Court yesterday morning. An order
was then drawn and the case transferred
to Norfolk Testimony will be- taken by
the plaintiff and the case continued.
However, the transcript of the
records of the case of T. f.
Ryan vs. the Raleigh and Gas
ton Railroad ct ais, appealed from the
United States Circuit Court of the Eas-
tern District of North Carolina. sitting
at Raleigh, has been received and filed
in the Clerks Office of the United States
Circuit Court Appeals In this city.
The appeal will be heard IN Rlchmo'ad
at the May term.
The counsel present were Judge l.. l..
Lewis, General Edgar Allan and Messrs.
Henry and Williams for the Seaboard
and Messrs. w. l.. Marbury, of Balti-
more, and D. Lawrence Groner, of Nor
folk, for the complainant.
President John Shelton Williams, of the
Seaboard and one of the defendants, was
also in court.
In the Circuit Court of the United States
Thos. t. Ryan.................Co Complainant,
vs..
Ino.y Shelton Williams, the
Seaboard and Roanoke
Railroad Co., ct defendants,
IN EQUITY.
Bernard Carter, w. l.. Marhury ana
D. Lawrence Groner for complainant;
Cowen, Cross & Bond, Leigh r. Watts.
Henry g. Williams, L. l.. Lewis ana
Edgar Allan, for defendants.
Waddill, District Judge:
This court in its written opinion. 1iled
herein on the 18th day of January, 1860,
gave its reasons for refusing al tnas
time the injunction prayed for by the
complainant, and under the principles
therein stated, governing the granting
or refusal OF injunctions, vloes not think
that the Injunction should now be
awarded
The complainant to the present time.
does not appear to have sustained any
damage. and the danger of his SO aolhs
in the future, or of such damage be.hs
irreparable or 1rremediable in character
does net sufficiently appear TO warrant
the courts interposition by the eXtraof-
binary remedy of an Injunction. In TINS
case, where minority stakeholder is
seeking to enjoin a company OF winch he
Is n member, and his co-stockholders
from, doing an act which they conceive
TO be beneficial to their interest, two
things, at least, should appear, VIZ:
that there is urgency for the action ana
that the corplainant's right to the re-
lief sought is clear. l cannot say that
either of these conditions exist Com
p!ainant, insists that the defendant, Tue
seaboard and Roanoke Railroad Com
pany, cannot consolidate and that its ell
1-ira
determination of this latter question at
this time involves the courts passing
mon the validity of the legislation OF the
States of Virginia and North Carolina
on an application for prellmlnar! IN
function. A court should seek rather 10
carry out than impede the legislative IN
.cn,ion. and only in a plain case OF IN
ra,Iditv should an act of the Legislature
lie set aside in advance OF nearing on
tfe merits, where that question Is one ~
the important issues involved ana US
correct determination can be oehnlteis
settled at the final trial. AS heretofore
,lclared II doubt not hut that In THIS
sniff. comprehensive as It is, with az
rort,es In interest before the court, full
ona co,,nlete relief can and will be a L
roraed complainant and that regardless
ns ANYTHING contained in the act OF me
Virginia Legislature. passed since ITS IN
st,tution. whereby compliments rights
ard remedies are sought to be pre-,
scribed. -.
The preliminary Injunction prayed LOT
will be refused
I'M. r,,n,or that has been current since
president stevens became president OF
the chesapeake and Ohio Railway to
the eject that Freight rrafftc Manager
". NJ. whitaker would be removed from
Cincinnati to this city, and that%Genesal
Passenger Agent. II. w Fuller would make make.