The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1900-02-01
The SeabOdrd Air Line.
WINS AGAIN IN THE FIGHT
AGAINST RYAN.

Judge Emory Speer, of the United
States District Court, Refuses to
Prevent Consolidation - Ihos. +.
RYAN Meets His Waterloo in the
Georgia Coart-By the Decision the
Georgia & Alabama and the florida
Central s Peninsula Railways May
Now be Consolidated With the Sea-
board Air Line-Judge Speer Thinks
Virginia and North Carolina Courts
Competent to Deal With the Cues
ion-Vice-President St. John on the
Decision.
A press dispatch from Macon, Ga.
of date January 9th. says:
In the L. S. Circuit Court for the
Eastern division of the Southern dis
trict of Georgia. Judge Emory Speer
rendered his decision denying the APP
plication of Michael J. Dady for an
Injunction restraining the Georgia
& Alabama and the Florida Central 4
Peninsula railways from consolidat-
ing with the Seaboard Air Line.
=
Speer's decision, covering about three
columns in the GOLD LEAF. The
opening paragraph is as follows:
The compliments, who are citi-
zens of New Yoi< seek an in JUNCTION
between j. skeiton Williams and
others in order,to prevent them from
taking measures for the consolida-
ton or merging Of the Seaboard Air
Line system with the Georgia and
Alabama railway, a corporation of
this State and the State of Florida.
The respondents, Williams and his
associates, control by means of an
agreement constituting voting
trust great ma ority of the stock OF
these companies, and it is the pur-
pose of Williams and his associates
to merge the several properties into
through line from Richmond, or
Washington City, running Southwark
| through the States of Virginia, North
Carolina, South Carolina, Georgia,
Florida aud Alabama, IN order to con-
| troll as far as may he the traffic of
those States and the great increase in
the sportation OF freight and pas
| sengers, which, it is anticipated, will
| result from the relations of this coun-
| try with Cuba and Porto Rico, and
| the more general and intimate con-
nection with the other West India
islands which may result from that
| CONTROL"
In conclusion Judge Speer says:
1T is a settled principle of equity
that the granting or refusal of an in
junction is to be determined by the
sound discretion of the court, that it
will not be granted where complain
ants rights thereto are not clear, and
unless an in jury thereto, more or less
irreparable, is likely to result. While
of course all that has been said by the
| court on this occasion relates eX-
clusively to this hearing, which is
preliminary in its character, and
does not necessarily conclude the
parties on the final hearing.
THAT the compliments rights are
apparently not clear; that no irrepar-
able in ury to them is likely to re-
suit; that no illegal action seems
Justly attributable to the defendants,
oblige us to deny the in JUNCTION
| sought
WHAT MIR. ST. JOHN SAYS.
After the decision of Judge Speer
| had been made known General Man
ager st. John was seen by repre-
sentative of the Norfolk Vlrginian and
Pilot and asked for his opinion of the
| decision. In answer thereto Mr.. st.
John said:
That the Hon. Emory Speer, of
the Circuit Court of the United States,
| sitting at Macon, Ga, should have
decided as he did to-day, every point
in the case brought by Thomas F.
Ryan against that gentleman, and in
favor of the Seaboard Air Line and it's
effort to consolidate various railroad
properties into magnificent competi-
tive railroad system, which cannot
but prove of lasting benefit to the
entire South, and which is so much
desired by all of its people, is not
surprising, for no one, | think, who
has given the matter serious thought,
expected any other, and for the rea-
son that the contention seemed with
out merit, having evidently no other
intent but to delay and demoralize
..SiNteen times, if I mistake not
(and if in error | shall be glad to be
corrected) has this in ured (?) gen
tleman (who bought stock in one of
the lines which, it is said, cost him
on an average of $50 per share, and