The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-03-13
Claim Made That Share
holders Are Suffering
Great Loss.
UP. NOW CONTROLS
Object of Suit IS to Have
Court Issue Restrain
ing Order.
ny AS socIArrp rRrss.

Cincinnati, Ohio. March i3.-Iudgc
Horace IT, lurton Of the United States
court this afternoon issued the following
restraining order in the suits pending be-
tween the Hartman aud kccne interests
relative to the Union, Central aud South
ern Pacific stockholders:
Il express no opinion on the merits Of
the prima facie case made by this bill and
its cxhbits. further than to say that il
seems To me that the complainants are en-.
titled 10 have the status preserved until
they can give notice aud be heard upon an
application for a preliminary injunction.
1T is. therefore, ordered that the de-
fendant show cause on April /, 1903. be-
fore me. in my chambers at Nashville,
Tenn. At 10 a. ~. Of the said day why an
injunction pcndcnc lite shall not be issued
as prayed for and IN the meantime let the
defendant the Southern Pacific Railroad
company, be restrained from in any man
ncr transferring or dsposing Of the lease
of the Central Pacific railroad heretofore
made to the Southern Pacific company or
Of the rights of the Southern Pacific COM
pany or any Of the rights OF the said
Southern Pacific company hereunder.
The fight now in progrtgs between op-
posing stockholders in the Southern Pa
cihc Railroad company has been tempor-
arily transferred 10 courts in this city.
The Southern Pacific, being chartered
IN Kentucky suit was brought yesterday
in the United States court at Louisville
by Talbot ]. Taylor and James b. Taylor
Of New York, representing minority Of
the stockholders, and asking an injunc-
iion against the Union Pacific and South
crn Pacific 10 prevent the Union Pacific
from voting the stock it holds in the
coming annual election Of directors of
the Southern Pacific.
The application alleges that the Union
Pacific, having secured control of the ma
jofity Of the stock Of the Southern Pa
cilc, the two roads have been practically
under one management, to the damage
OF the interests OF the stockholders of the
Southern Pacific
IT alleges diversion Of traffic and other
acts for the benefit Of the Union Pacific
and to the injury of the Southern Pacific.
After this action has been taken in
Louisville the attorneys for the planns
came 10 Cincinnati to lay before Judge
Lurton Of the Kentucky circuit court
motion for restraining order TO be issued
until the application for AN injunction
can be heard
This notion has been signed before
Judge Lurton in chambers and will be de-
cdcd soon.
The plaintiff represents the Kcenc-Tay-
lOr element in the Southern Pacific sys-
TEN. The Keenc faction is said to hold
about $3o,ooo,ooo worth of Southern Pa
cihc stock having bought il through a
pool sometime ago in the hope of an
early dividend. The Union Pacific people
who are in the Southern Pacific board of
directors, il is said, oppose dividend at
this time, figuring that the money would
be more wisely expended in the shape Of
improvements and bcttcrments. The
keene following has resorted to the
courts in an effort to prevent the Union
Pacific from vo.;ng 100000 worth of
stock, which it holds in the Southern Pa
cfc, against a dividend from the latter
company.
The Keene people figure that they will
be able TO create such changes in the di-
rectoratc at the annual meeting as will
be favorable to the declaration of the divi-
dend, instead, as they allege, of having
the earnings of the Southern Pacific de-
voted to beterments on the Central and
Union Pacific roads and other Hartman
holdings,