The Birmingham age-herald., 1903-04-04
ARGUMENTS END IN
 SOU. PACIFIC CASE
Judge Lurton Takes the Bill
 Under AdviSement
A SIGNIFICANT QUESTION
The Court Asks Senator Foraker What Steps for Relief Would Be Taken If the Injunction Is Not
 Granted.

l Nashville, Tenn, April 5-United States Senator J. B. Foraker, representing com plainants In the injunction case of Talbot J. Taylor vs the Southern Pacific ano Union Pacific Railroad companies which has been before the United States Circuit court here for the past three days con cludod his argument at 11:3O o'clock this morning.
 Judge Lurton thereupon announced that he would take the bill and answers un- der advisement and would file his de- clsion with the clerk of the United States Circuit court at Louisville, Ky, on Mon- day next, the case falling within the western Kentucky district.
 Court then adjourned and the distin- guished counsel who have been in attend ance left for their various homes tonight
 A question asked by Judge Lurton soon after Senator Foraker resumed his speech this morning is considered significant by some In discussing the case and probable | outcome. The court inquired what other relief was desired by compainants ir the event the injunction was not granted 1 as prayed The court has insisted that the matter of competition between the Southern Pacific and Union Pacific be clearly established.
 Foraker's Argument.
 The hearing of the case was resumed this morning and Senator Foraker re- sumed the concluding argument in the case. The courtroom was crowded with auditors, attracted by the importance of the litigation and a general desire to hear the argument of the senior senator frcm Ohio.
 Senator Foraker, in reply to a question by counsel for the defendants as to why the suit was not brought in New York, said that it would have been quite as convenient for the compliments, but that the suit could not be instituted against a corporation in district where it had no residence He said the complainants in applying for an injunction wished the court to compel the defendants to do what 1t is their duty to perform.
 Judge Lurton then asked Senator For aker to state what other relief was de- sired in the event an injunction was not granted as prayed. Senator Foraker re- piled that the injunction was asked to prevent the voting of the stock held by the Union Pacific at the coming meeting
 
 severing of the Central Pacific
 Question of Competition.
 The speaker then took up the question of competition and said that both roads had d common term nus at Portland, and that they are competitors in trans-conti- mental traffic. The affidavit of Traffic Manager Stubbs, was read to the effect that if the Union Pacific wished to divert business from the Southern Pacific. 1t could be done by changing the tariffs. Senator Foraker said that no better proof of competition than this could be given, and that by change of rates business could be sent over the other road
 If they are competing lines, said sena- tor Foraker, what are the rights of boni- fide minority stockholders? This suit was brought to ascertain the rights of stockholders, and compliments argue and insist that the corporation should have a board of directors free from the touch or influence of any other line and who would be devoted singiy to the interests of this company.
 While this injunction was seeking to prevent the eXeeution of contract said Senator Foraker. the complanants con- tend that this contract is illeg5l There was no redress for a wrong done by one corporation to another unless the act NViiPidilcu oi "dS hitSdl dnu there would have been no illegality in this contract had it been entered into between the directors of both companies acting solely for the particular interests they repre- scented. Senator Foraker insisted that fhe contract was illegal for the reason that it was in contraVention of public policy and against such acts some remedy should be had. The statement that the Southern Pacific was being improved for the benefit of stockholders was no answer and that the defendants were doing wrong honest ly was no defense