The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-01-10
RYAN VS.. THE S, & R.
Argument in the Circuit Court
at Richmond Concluded.
Judge WaddiIl viii Render His Decision Satur-
day or Monday. Few Think That
He viii interfere.

Richmond, Va, Jan. a.-(Special.) >
The argument before the United States
Circuit Court Judge Waddill in the
case of Thomas f. Ryan against the
Seaboard and Roanoke Railroad, was
concluded here this evening.
Judge Waddill announced that he
would render his decision on Saturday or
Monday next. Meanwhile he said he
would make no order but simply let the
understanding of December Goth between
counsel ON both sides remain in force, to-
wit, that he had refused a restraining
order with reference to the Raleigh and
Castor railroad, and that the situation
with reference TO the Seaboard and
Roanoke railroad should remain in
statu quo until he had rendered his de-
ciSion.
The prevailing sentiment of the Rich
mond public is that Judge Waddill will
refuse to interfere. This is based upon
his several questions as to how Mr..
Ryan would suffer irreparable injury
when, in the judges wors, substantially,
he had been offered 5000 share for
stock which had cost him only from 500
TO 500. Another question asked of Mr.
Bernard Carter. who closed the argu-
ment this evening for the complainant
was during the last ten minutes of that
gentlemans remarks. to-wit.. that the
judge would like to have explained what
there was to restrain with reference to
the Seaboard and Roanoke railroad when
there was no power of consolidation and
a disclaimer of intent to consolidate i'll
the absence of legislation on the part of
the Virginia Legislature, and until such
legislation should be bad. Counsel for
the defendant argued that We're the act
empowering consolidation already passed
by the Virginia Legislature, there would
be no power to restrain in the absence
of either from or of any action taken
ultra vires.
What had been done by the defendants
thus far was admitted by counsel for
complainant to have been without fraud
and intra vires, but they pressed the
point that their client would be ire
parably injured They made their stand
on this point. The argument has con
tinued during two days, able speeches
having been made by Mr.. Carter on the
side of the complainant and by Mr..
Bond. Judges Lewis and Cross for de-
PENDANTS
Mr.. Carter's speech was wonderfully
clever from popular standpoint, deal
ing however almost wholly in catchy
narration. while the remarks of the de-
fendant were confined to the strict le-
cal propositions establishing action with
ont fraud and intra wires, which were
alone essential to make such action
valid. The question of irrepTable dr.
iury to Mr.. Bryan was considered but
the tenor of questions from the bench
seemed to make any extended remarks
ON this point necessarary.
Richmond is much aroused III behalf
of the consolidation as was attested by
discussions in public places, and by the
crowds present throughout the hearing.
The Lake Tracy Drainage and I'm
provement Company of Lake Tracy,
Lake county, Fla, was Incorporated yes
terday with capital of $4,000. The
general objects are the drainage and Inn
proyement of lands tin that vicinity and
the building and operation of railways
md oanaIc cow and nlaning mills.