Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-19

The Ryqn-williams seaboard Air
Line litigation assumed different
shape in the United States Circuit
Court yesterday. when the attorneys
for Mr. Ryan filed supplemental and
amended bill praying for an Injunction
on the grounds therein set forth. The
effect Of this bill is to cause another
hearing on the original bill as amended
and supplemented. Judge Waddill set
this hearing for next Tuesday in Rich
mond.
The Ryan amended bill recites that,
III answer TO the original bill praying
for an Injunction to prevent the pro-
posed consolidation of the Seaboard
ana Roanoke with several other rail-
ROADS, the defendants, that is j. Skel-
ton Williams and others, through their
attorney, answered that no law existed
authorizing the consolidation rs al
legged was about to be perfected and
no such authority was contemplated.
Ihe judges decision, rendered Monday
oVcrruing the motion for an Injunction
on the original bill, is quoted in this
connection, as follows:
IF no authority exists to consolidate
ana this Is conceded. then the merger
cannot lawfully be entered into. and no
damage, certainly Irreparable In char
acter' can be sustained by the com
pianant rs the result of the defend
ants effort TO do Z. vain thing. To
grant an Injunction in anticipation OF n
possible injury to arise under n Inv
that may never be passed. is, to saw tho
least, unusual"
The supplemental bin then shows
that since the filing of tho said original
Dill, and the amendments thereto. and
since the Hing Of the said answer OF
me Seahoard and Roanoke Railroad
company. and the answer of the other
defendants the Legislature OF Virginia
mas enacted statute giving author s
uy for the proposed consolidation. Com
plainant gives II rs his belief that the
law above referred to was passed at
the instance of John Skeiton Williams
OF others of the defendants. The oourt
IS asked TO grant an injunction enioin-
ing defendants from moving further to-
wards consolidation under this recent
law. 1t 10 claimed that the law IL I'M
constitutional In that 1t materially
changes the nature of his contract as
n stakeholder.
There was lengthy discussion Of
the bin by the attorneys on both sides
Messls. w. l. Marbury and d. T.. Gro
ner appeared for the plnintlff ana Judge
Leigh II. Watts, General Edgar Allan
and Judge L. l.. Lewis, of Richmond
for the defendants
COUNSEL ARGUE BILL.
Mr.. Ryans counsel. upon presenting
the amended bill, were met by counsel
for Mr.. Williams, and the other de-
iendants who commended that the order
which was prepared on Monday last
denying the injunction should he en-
tered yesterday without amendment.
Counsel for AIR. Ryan did not object 70
the entering of the order, provided it
did not interfere with the reopening OF
the injunction proceedings on their
supplemental bill.
Judge Waddll. after reviewing the
matter. decided to enter the order
drawn on Monday. with n provision nd
hitting the supplemental bill of the
plaintiff.
Counsel for Mr. Ryan thought the
court should make some provision in
tho order by which the consolidation
would be restrained in the interim.
judge Watts, for Mr.. Williams, said
that the Seaboard and Roanoke stock
holders had adjourned on Tuesday last
until January S0th. and made tho posi-
tive statement that there would be no
consolidation while the injunction pro-
ceedings were pcndins In the court. He
opposed any formal order restraining
the defendants In the matter OF ccnsol-
Continued OH Page 8.