The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-10-09
Judge Taylcr's Decision.
Ldge Taylor's decision, in part, fol-

Judge Taylor's decision, in part, fol-
ttIt appears that while the defend
ant Wabash company and the Missouri
Pacific company have lines extending
thru various parts of the United States,
ters, and the most important portions
Of their Missouri lines are those ex-
tending across the state Of Missouri
from St. Louis to Kansas City, and
from Kansas City to st. Louis.
"The plaintiff contends that the Wa
bash Railroad company and the Mis-
souri, Pacific Railway. company are
meaning Of the constitution of Missouri
and of the Missouri statutes, and hence
that the holding of these securities Of
the Wabash Railroad company by the
Missouri Pacific company is illegal, and
that, inasmuch as the Missouri Pacific
company owns and controls all OF the
stock Of the Iron Mountain company,
that the holding of the Wabash secur-
tiles by the Iron Mountain company is
illegal because that cannot be done in
directly which cannot be done directly,
and seeks to join the voting Of these
securities at the meeting Of the Wabash
company, to be held Oct. 10. upon the
ground that they are illegally owned
/ and will be voted SO as to efeetuatei
Z
the Missouri Pacific and Wabash COM
panies in Missouri thru the operation
Of these two competing lines under one
control in combination. and that he, as
a stakeholder in the Wabash company,
will be injured thereby.
Denied by Gould. .
Cali the defendants who have ap-
peared or been served disavow such
| illegal purpose and attack the good
faith of the plaintiffs application.
"The court finds the record in this
case so replete with evidence Of viola
tions Of the provisions Of certain Of the
Missouri laws enacted for the protec-
ton Of the public that it has been loath
to reach the conclusions herein ex-
pressed.
"The record develops the fact that
at the last annual election of the Wa
bash Railroad company, the plaintiff
Ramsey, holding the proxies Of then and
now owners Of these very shares of
stock, the voting of which he now
seeks to have en- joined. voted all Of
sons who he now charges will. If
elected, so conduct the property Of the
Wabash road as to not only violate the
provisions of the laws Of Missouri, but
| will also so conduct the same as to
injure him.
Ramsay Is Denied Relief.
Ut am Of the view that this action Of
plaintiffs is sufficient to compel the
court to deny him the relief which he
seeks, in the absence Of proof showing
that something has transpired since the
time Of such voting Of the stock by him
which would indicate that the purposes
Of those who will be elected by the
voting Of this stock at the meeting to be
held Oct. 10 will be different from those
of the persons elected by the plaintiff.
't9!The order will therefore be that the
. rule heretofore made upon the defend
ants to show cause why a preliminary
; Injunction should not be issued will be
vacated and plaintiff 8 application for
a temporary injunction denied"
:. Gould Expects to Win.
New York, Oct. George Gould and
large party including all his chief adj
visers, legal as well as financial, left
Weehawken last night, bound for To-
ledo, where the last fight will be made
between the millionaire president of the
Missouri Pacific raj lway and Joseph
Ramsey, Jr., for the control Of the Wa
| bash railway.
Mr.. Gould, when asked if he expected
| to win, replied: ct really cannot say,
) / hope so, but I will know more about
| It on Tuesday,
q It was said yesterday that the de-
J parture of Mr.. Gould for the west did
not terminate the quest for proxies. The
search will be continued today until the
last possible moment when trusted en-
ployee will be dispatched from No. 1875
Broadway for Toledo with the precious
documents.