The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-01-28
AND GAVE HIS REASONS
SIMILAR CAUSES HERE AND IN
VIRGINIA.
THESE COURTS CAN SETTLE THE MATTER
Holding That Dady ano Ryan Were in the Fight
Together the Judge Said These Were
the Tribunals 10 Resort To
in the Matter.

Macon, Ga, Jan. 27.-Judge Speer this
morning in the case of DAILY against the
Georgia and Alabama Railway refused
the injunction sought TO prevent the cen
solidation of the Seaboard Air Line sys-
tenn
He referred to the fact that causes
substantially similar We're pending il The
Federal Jurisdictions of Virginia and
North Carolina, holding that the codct
which first took cognizance of the case
should carry it to its termination.
Holding that the plaintiffs were privies
with Ryan in his suits in the jurisdic-
tons referred to, he held that those
tribunals We're the proper ones for him
to resort TO. the same issues being in
vOlyed He further held that only ma
jority vote of stockholders was neces-
sary for such consolidation in Georgia
and that it was not properly maintain
able that because the defendant John
SHELTON Williams occupied the position
of a member of the voting trust, Presi-
dent of the Georgia and Alabama and
Of the Florida Central and Peninsular
that merger or consolidation brought
about through his instrumentality should
be enjOined.
Mr.. Morris Brandon of counsel for
the plaintiffs, says:
The only way in which the consoi-
dation can be carried out is by the
method pointed out in the bill. and should
the different companies attempt TO merge
& final hearing Will be had on the pres
cnt bill and the plaintiffs viii then take
an appeal TO the Circuit Court OF .ip-
peals.
In his decisions Judge Speer said The
graTcSt consequences have resulted and
may result, involving enormous loss
where courts and judges of concurrent
jurisdiction ignore the salutary princi-
pies Of comfy, bring about a conflict
Of authority, pass conflicting orders, rem
der conflicting decisions on the same
facts and in the same controversy, pro
ducing endless confusion and distrust in
the administration of the law and often
rewarding parties who are StutboFnly
litigous who are endowed with greater
resources for litigation and who not in
frequently seek to use the courts as
pawns iii the game they play ON the
gigantic chess board marked by the
transportation lines of the country.
He further decided that no Importance
is to be attached to the fact that at the
present moment there was no physical
connection between the Georgia and Ala
balna and the Seaboard. that they were
separated by less than dozen miles and
that the intervening track was now be-
ing laid. An interesting part of the de-
cision is that which bears upon the com
pettivc character of the two roads. I'rac-
ing their general trend and calling atten-
ton to the fact that after leaving Sa-
vannah they are in DO wise connected
save through the intermediary of one or
two shallow rivers on which small steam
boats occasionally ply and that interven-
ing the two lines are powerful COMPETE
tive systems, he said:
1T is not difficult TO perceive that the
contemplated system of the SeabOard
Air Line instead of tending to defeat
competition must inevitably tend 10 pre-
serve il. A new system will contribute
to the transportation service Of the coun-
try now SO admirably served by the lines
there located. Surely it needs no argu-
ment to justify the statement
that consolidation Of the great
railroad systems serving the South
ern States will do much TO prevent ana
make impossible rather than create mo-
nopoly in the railroad transportation OF
these States and will do much TO pre-
vent an injurious control if any should
be attempted, of the vital powers of conn
mon carriage in a territory which with
all of its expanding interest promises to
be richer than the broad empire of Rome
rp1nr q fpocor ar a Trio -