The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-01-17
GROUNDS FOR THE APPEAL
A MEETING OF STOCKHOLDERS
HERE TODAI.
NOT LIKELY THAT ACTION WILL BE TAKEN
The People of Raleigh A'e With President
Williams in His Fight For Consolidation.
Judge Speer to Pass Upon the In
junction in Georgia.

Thomas l.. Ryan yesterday, through
his attorneys, W. III. Page, Jr., and
b. 0. Burton, perfected his appeal from
Judge Purnell's decision in the injunction
case heard here on December E1st
This injunction, it will be remembered,
was asked to prevent a meeting of the
stockholders of the Raleigh and CASTOR
and the Raleigh and Augusta railroads,
called here ON December 21St, for the
purpose of consolidating those roads with
the rest OF the system. Judge Purnell
at first granted the injunction on an ca
parte hearing. but later on bearing argu-
ment from the other side he dismissed
the order and the meeting was held.
The appeal is to the Circuit Court of
Appeals and is based OH the following
reasons:
First. That after the first order OF
December DIST was signed, by which the
temporary restraining order was grant
ed. and the bond was duly filed ana
accepted by the clerk. the defendants
came by counsel before His Honor, the
Judge, and entered u special appear
ance, and moved to vacate said restrain
ing order, which WaS done: whereas IL
was not competent for the judge then
to vacatc the same. in the absence Ok
any pleadings or affidavits or demurrer.
Second. That no defence was properly
brought before the court, and in the
absence thereof, it was error to vacate
the restraining order.
Third. That the restraining ordC" nav
ing been granted, the motion 10 vacate
the same could only be granted when no
case was made upon the bill itself;
whereas the bill states Il GOOD and
sufficient case in law and equity.
Fourth. That a good and sufficient
case being stated by the bill tscl+. It
was error to refuse to grant the restrain
ing order, upon the said hearing: no
pleadings. affidavits or 9th II written
denials being filed.
Wherefore the said comp 1inant
prays that the said order be reversed,
and that the said court may be directed
to enter decree correcting the errors
hereinbefore cited"
The appeal was allowed by Judge
Purnel and Ryan was required TO file Il
bond in the sum of $1,000 Tbs as
given in the Fidelity and Deposit Com
pany of Maryland.
The stockholders Of the Raleigh auG
CASTOR Railroad Company are called
to meet here today - take some far
Their STEPS in the matter Of the c0nSoiGa-
tion of the various lines Of the 9yS
TEN. lit is pretty certain, however, shat
che board will do nothinS more than
meet and adjourn. This IS due 10 De
fact that an injunction is now pending
before Federal Judge in Atlanta.
While that injunction affects the CON
solidation only of the Georgia Railroad
and the Florida. Central and Pcninsu-
lar. still President Williams wishes to
take no further action until the matter
is passed upon by the courts.
There was much pleasure expressed
here yesterday at Ryan's downfall at
Richmond in his second attempt to hold
UP the Seaboard consolidation by an
injunction proceeding. The Raleigh peo-
pie are decidedly on the Williams side
in this fight and they are hoping that
Judge Speer will tomorrow repeat the
dose in the injunction that comes w
before him in Atlanta.
The Seaboard Air Line has issued
an artistic little pamphlet, called
Southern Pines" setting forth the at
fractions of that now famous winter re-
sort On the first page of the book is
map of the Consolidated Seaboard
Air Line and its connections, from
Baltimore to Havana.