Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1903-03-14
kEeNE AND HARTMAN INTER.
EsTs At WAR FOR CONTROL
OF soUrHERM PACIFIC.
FORMER WINS FIRST POINT
Restraining Order Issued Preventing
The Union Pacific Company From
Voting the Stock Il HoIds in the
Coming Annual Election Of the
Southern Pacific-Motion for In
A. "a
junction to BE Argued April I.

Cincinnati, March 14-Judge Horace
H. Lurton of the United States circuit
court has issued the following re-
straining order In the suits pending
between the Hartman and Keene in
terests relative to the Union, Central
and Southern Pacific stock holdings:
Il express no opinion upon the
merits OF the prima facie case made
by this bill and its exhibits, further
than to say that it seems to me that
the complainants are entitled to have
the statutes preserved until they can
give notice and be heard upon an ap-
plicatiOn for q preliminary Injunction.
1T is therefore ordered that the de-
fendant should show cause ON April
/, 1903. before me in my chambers In
Nashville, Tenn, at 10 q. m. Of said
day. why an injunction pendente lite
shall not be issued as prayed, and in
the meantime let the defendant, the
Southern Pacific Railroad company,
be restrained from in any manner
transferring or disposing Of the lease
of the Central Pacific road hereto
fore made 10 the Southern Pacific
company. or of any of the rights Of
the said Southern Pacific company
hereunder and from disposing q or
transferring by sale or otherwise the
shares Of the capital stock of the said
Central Pacific company owned or held
by the said Southern Pacific company,
and that the said Southern Pacific
company. It's officers. agents and At
torneys, be restrained from permitting
the defendant, the Union Pacific Rail-
road company, its officers. directors,
agents or attorneys or proxy, to vote
any capital stock Of said Southern
Pacific Railroad company standing in
the name Of the Union Pacific Rail
road company or in the name or names
of any person or corporation for its
use and benefit, or in the name of said
Mercantile Trust company, its officers.
directors, agents or proxy, or to in
any wise participate as stockholder
in any meeting Of the stockholders of
the said Southern Pacific Railroad
company, or
Any Election Of Directors
of the Southern Pacific company and
that the said Southern Pacific COM
pany. its directors, officers, agents,
etc, shall be restrained from in any
way altering, changing or amending
the bylaws of the said company SO as
to change the time or place for the
election OF a new board of directors,
or from in any way changing existing
regulations In respect of the annual
stockholders meeting Of the election
of directors and that this restraining
order stand until the rule to show
cause shall be heard and disposed Of. .
In the application to Judge Lurton
the plaintiffs attorneys asked for
an injunction against the Union Pacific
and the Southern Pacific to prevent
the Union Pacific from voting the
stock it holds in the coming annual
election OF directors of the Southern
Pacific Railroad company. The ap-
plication alleges that the Union Pa
cific, having secured control of the
majority Of the stock Of the Southern
Pacific. the two roads have been prac-
tically under one management to the
damage Of the interests of the stock
hclGers Of the Southern Pacific.
holders of the Southern Pacific. The
attorneys for the plaintiffs then came
to Cincinnati to lay before Judge Lur-
ton of the Kentucky circuit court
motion for a restraining order to be
issued until the application for an in
junction can be heard. This motion
will be decided soon.
The plaintiffs represent the keene-
Taylor element in the Southern Pa
cifc The Keene faction is said to hold
about s30,OO0,0OO of Southern Pacific
stock, having bought this amount
through pool some time ago in the
hope of an early dividend. The Union
Pacific people, who are in the South
ern Pacific board Of directors, it is
said, oppose dividend at this time,
figuring that the money would be more
wisely expended in the shape of i'm
provements and betterments.
Senator J. b. Foraker. Edward Lam
terhach OF New York and Augustus
Wilson OF Louisville represented the
applicants. Harmon, Colston, Gold
stein & Hoadly appeared for the Harri-
man interests.