The times. [volume] (Richmond, Va.) 1890-1903, 1900-02-03
LIVELY TIME IN COURT
Judge WaddiII Refuses to Admit Ger
tain Evidence in the Case.
DECISION IN A FEW DAYS.
argument on The Amended and Sup
Elemental Bill Has Been Ended
and the Matter is Taken
Under Consideration
by Judge Edmund
WaddilI.

Judge Edmund Waddill, Jr., sitting in
the United States Circuit Court, yester-
day heard argument on the, amended
bill of complaint and to the amended
and supplemental bill of complaint fled
by Thomas T. Ryan against the Seaboard
and Roanoke Railroad Company and
others. The petitioner asked for 4 tenn
porary Injunction restraining the Sea-
board and Roanoke from consolidating
with any of the roads comprising the
Seaboard Air Line system. and on the
conclusion of argument Judge Waddill
stated that he would announce! his de-
cision within few days.
The principal fight was made on the
passage Of certain Legislation by Nir-
Enia allowing the Seaboard and Roanoke
and the Richmond. Petersburg and Caro-
lima the Seaboard's new connecting link.
10 consolidate, and the provision by which
the latter was permitted to consolidate
with any other road in Virginia 1t
was contended by the plaintiff that legis-
lation regarding this road must be con-
current with tina of North Carolina. as
it was also a crea ton of that State.
Tho plaintiff also asked that the court
define the legal status of the case and
the rights OF the minority and objectinS
stockholders. and also the proper method
of compensation for their holdings.
The consolidation. the defense claimed,
was not yet effected. and due notice
would be given before action was taken.
Proper and just provision would also be
made for the dissatisfied stockholders. :,
IT was agreed that each side would be
allowed a certain time for argument.
but Mr.. Carter. after his argument was
questioned by the court. resumed along
another line of argument. and was in
sisiing that an injunction be granted,
when Judge Cross interposed:
sI shall have to ask for 4 temporary
restraining order on you. sal JudSc
Gross: you have far exceeded Your
timc.'
The court granted this Injunction on
Mr. Carter, and the case was submitted.
THE FIRST TILT.
The first tilt was over the admission
of certain affidavits, one referring to the
earning capacity of the G. und a. rail
road and the f. C. and z. railroad, the
Others one referring to the laws OF North
Carolina regarding the government Of
corporations, another referring to the
proceedings of the meeting of the stock
holders of Raleigh and Castor rnilroad,
held January n, 1900.
al
Messrs. Marbury and Carter and Judges
Cross and Lewis participated. Judge
Waddill ruled that the last two only
were pertinent und would not allow the
filing of the first of the affidavits, as
the hearing was only on the amended
bill, and the first affidavit belonged to
the original bill
The hearing of the argument was then
begun. Mr. w. L. AIarbury, of Balti-
more. opening for Mr.. Ryan. Mr.. Ryan
contended that the consolidation of the
roads was being planned and carried out,
despite reports and statements tc the
contrary.
..While the defendants stated that
they did not intend to consolidate until
proper legislation hrd been secured from
the State OF Virginia allowing the con-
solidation to be effected, now this leg
islation has been secured, and CONSOLE
dation is not now intended. then l do not
know the meaning of the English lam
guage.'
Mr. Marbury also read from the affida-
Wit filed i'll answer by the Seaboard and
Roanoke to the amended and supple
mental bill of the complainant. and cited
the resolutions passed by the stockhold-
ers OF The Seaboard and Roanoke at
their r.IeetinG at Porthmouth on January
10th. and the resolutions adopted by the
Beard of Directors of the Seaboard ard
Roanoke January 30th. and the legisla-
ton regarding the Richmond, Peters
burg and Carolina railroad, all of which
he contended showed that consolidation
was planned and this was what the
plaintiff wanted restrained, as it would
result in greatly injuring his interests.
CONCURRENT ACTION.
Mr. MarburE contcnded that the sea-
board and Roanoke was the result OF
concurrent action on the part OF the
States Of Virginia and North Carolina,
ana that the action of one Stale alone
is net sufficient to deprive the ra,.: os.d
of any of lis franchises, but cor'.u = ent
action is necessary.
After recess was taken Judge cross an
swered for the Seaboard Company Judge
Cross stated that the amended Dill ques-
tional the constitutionality OF the Dill
passed by the Legislature allowing con-
solidat:or He also stated that Mr.. Ryan
was asking that u restraining order DC Is
sued against a thing that might not nap
pen and the court could not grant an in
Junction under such circumstances.
..1be act of the Legislature is constitu-
tional.' declared Judge Cross char
ter is arlendable and the courts do not
take into consideration what motive in
sccired the act
q, special s1neetins called for the purpose,
is necessary for the stockholders to take
any action regarding consolidation Due
notice of this mssting will be & ven to all
and nothing can, be done without due
notice being given.
..All s charters, rights and franchises
declared Judge Cross. 'are subject to the
right of eminent domain possessed by the
State. That right is the States and has
always been SO recognized If thu com
plainant is injured in any way by The
action. of the Legislature in modifying
The charter of the Seaboard and Roanoke
railroad. then MIR. Ryan should find his
remedy in an action against the State
and not against the Seaboard and Roam
oke.
2 The Legislature has exercised its SOW
ereign power and has told Mr.. Ryan thai
If he is not satisfied. then he can get the
Valre of his stock. and the law demands