The times. [volume] (Richmond, Va.) 1890-1903, 1900-01-10
ARGUMENT HAS
BEEN CLOSED
Judge Waddill Takes
Consideration Case.
FIGHT BITTER TO END.
Mr.. Garter Makes Final Speech in
Behalf of Application.
HIS ARRANGEMENT OF WILLIAMS
Each Move was Closely Watched by
The Opposing Counsel. and Mr.,
Carter was Frequently Asked to
Exp.ain-Dccision Will be
Rendered iu :, Few
HIS ARRAIGNMENT OF WILLIAMS

Argument in the Ryan vs.. Williams ct
al which has been heard for the past two
DAYS on the application for an injunction
by Thomas /. Ryan. to restrain the
Seaboa-d and Roanoke Railroad from
consolidation with the Raleigh and Gas
ton or any other Of the railroads COM
prisinr what is known as. the Seaboard
Air Line system. The case was taken
under adviselnept by Judge Wadd1ll ana
he will announce his decision within the
next few days. The feature OF Mr. Car
,cr's closing argument was his arralSn-
.nent of Presidnt Williams.
The hearing of the argument was re-
sun1ed yesterday morning before Judge
Edmund Waddill, Jr., in The United States
Circuit Court.
Mir. D. Lawrence Groner, of Norfolk,
one of the counsel of Mr.. Thos i Ryan.
continued his argument which he began
the afternoon before.
Mr. Groncr contendedA that under the
proceedings of December Goth it was l1n-
possible to have taken the stock OF the
Raleigh & CASTOR from the treasury ct
the Scahoard and Roanoke, and That the
court should ascertain whether the sale
OF the stock to Middcndorf was bona tide.
il is only necessary to raise doubt as
10 the good faith of the transaction, and
The petition of the complainant must be
granted. Mr. Ryan's rights should be
protected, though he is in the hopeless
minority.
The fact, as stated by Mr.. Grener. that
this sale of treasury stock was conducted
secretly it was. he claimed, the duty of
the Court TO learn whether The
sale was proper. Though director I'M
der ordinary circumstances may vote his
stock as he plenses, but when director
Is q. member of q, syndicate formed to
control, then such an action may be
questioned.
"cCNsPIRACY.'' SAYS GRoNER.
80 commit breach of trust declared
Mr. GIoner. lis d conspiracy
There is bill pending. lie claimed. be-
fore the Legislature. which will give the
Seaboard syndicate the right TO carry out
the plans Of consolidation. and that they
asked a restraining order prohibiting the
Seaboard from carrying out the plans.
MY. client" declared Mr.. Groner, is
entitled to relief and the injunction pray
ed for should be granted"
judge L. r. .. Cross maze reply to MI.
tIroneI.. Iie said: There are such things
as facts. There are facts in this case
Mr.. Ryan. the complainant. is hot
stranger TO this Court. He has been here
t,tIore. lie is here now, and CLAIMS that
he will be irreparably injured II the con-
so!idatiun is colsummated- What are the
facts? IL is not a fact that he has been
injl,red: il Is not i fact that he will be
injured.
After detailing the sale of the Seaboard
and Roanoke stock. several years ago.
and subsequent transfers, he detailed at
l.ngth the conversations that had passed
betvecn Williams and Ryan.
The fact tlia: Mr. Ryan made counter
,,r. position i'll reply to Mr.. Williams plan
for onsoiidationa whereby the road should
be heavily mertgaGed, and that they the
;tha I.i4!iAalsi sisouid share the plohts.
THIS was declined by Williams And
Vet" said Judge Cress. after his prcpo-
sal t. heavily mortgage this road, MI.
Ryan now comes into this court ana
..lai,ris that il bonds are issued against
The road. he complains that he is to DE
l-uinel.
Judge Cross contended that Mr.. Ryan
was acquainted With the plans for con-
solidation on the condition that he would
hold then? invioate.
Mr.. Marbn,y arose at this point and
stated that his client was not tod of the
plans by Mr. Williams, but that he. Ry-
an, had learned of them from independ-
cni sources.
This statement was, in turn, disputed
by .ludse Cross
II pledge my honor as counsel that
the facts are sGch as ] stated interpos-
I'd air. Marbury.
FACTS ARE FACTS
FACTS are facts retortcd Judge
Cross Tho affaday-i,s filed in answer
BY the defendant deny these charges of
the complainant. and the honor of coup-
sci does moi stand aga!nst afiiadacits.
A detailed statement OF the earnings
nt the various roads comprising the Sea-
board System was the. read by Judge
Cross The Seaboard System comprises
eco miles. ana the. net earnings OF the
Florida. Central and Peninsular We're
sss4.uDn, while those OF the Seahoard
were but SiS..0oa. Yet" said Judge
Cross ..Mr Ryan contends that the +.
G. and r. is not a paying road
Judge Cross then went into detailed
discussion OF the matter re.ating> 10 the
territory covered by the Seaboard system
and pointed out what a great advantage
10 he public such a system as the pro-
posed consolidation would bring about.
The treasury stock was sold 10 get
money 10 make necessary Improvements.
That improvements We're necessary Is
stated by Air. ST. John. Had these i,:-
prove,nents been made a year before
great saving would have resulted, as,
rails. rolling stock and other na,era,s
were cheaper. This stock was sold and
sold IN order TO secure the necessary
funds for these improvements, and, said
Judge Cross. facts cannot be whistled
down to the tune OF conspiracy. There is
mystery III this case When you take
ard handle 1t Il breaks IN your hands
The Law is, there must be something
illegal something ukra wires, in order
10 make the saie void, continued Judge
Cross. and yet they seek TO connect Mr..
Williams and Mr.. aIiddendorf with a
conspiracy. A eoynpaslN has right to
dispose Of the rait of its assets. and the
sle of this stock WAS authorized by the
Board OF Directors. and ratifed by It's