Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1905-08-02
mlLLlksn WINS IN FEDERAL COURT.
Judge Brawley DissoIvss Injunction Granted
by Judge klugh.

solves the injunction issued by Cir
Quit Judge Klugh on May II re-
stra;ning the Millikens from voting
certain stock in the Laurens Cotton
Mill election. The plaintiffs, VIM.
K. Lucas and others, are restrained
from disposing of stock in the mill,
which was held by the firm of Deer
ing, Milliken g. Co., until further
order of this court.
In effect, the decision is a victory
for the Millikens, 80 far as Judge
Brawley's court is concerned, but it
is said here tonight that an appeal
will be taken. In the meantime Mr..
Lucas remains in charge as president,
although the next step of the Milli-
kens is not known. II is believed
that another stockholders meeting
will be ordered.
Argument in the case brought by
Milliken against Lucas was heard re-
Gently in Greenville. The plaintiffs
prayed that the injunction issued by
the State court be dissolved. In his
opinion to-day Judge Brawley re-
viewed the causes in dispute at great
length, and this striking paragraph
appears
"But the question of Lucas's
merits or demerits as manager of
an individual enterprise which ap-
parently he had hitherto conducted
with conspicuous success, is not be-
fore me for decision. That for
which he is to be condemned is that,
having invited contest for the con-
troll of the mill, which all the rules of
the game required to be fairly played,
he has won by having an injunction
up bis sleeve"
Judge Brawley says:
"Reaching the conclusion that this
injunction should be dissolved, I
have not considered the charges of
misconduct set forth in the affidavits
as reasons why the defendants, the
Millikens, do not regard the plaintiff
as safe man for the presidency of
this mill. Stockholders are not re-
quired to give reasons for desire
for change of management, nor is
IL necessary to consider the charges
made by Lucas that the defendants
have been receiving exorbitant COM
missions. Where both parties are
free to choose, the amount paid for
personal service is a matter of bar
gain or regulated by the usage of
trade and generally beyond the
cognizance of the courts unless the
charges are SO unconstitutional as to
shock the conscience"
Continuing, the judge says:
"If the defendants charge the
same commission to this company
which they charged to other compa-
MES for like services and the same
that other houses of like standing
charged other companies in like
plight, it cannot help the plaintiffs
cause to suspend them as extortion-
ers. On the other hand, the plain
tiff was entirely within his right and
deserves nothing but commentator
if, believing that the rates of COM
mission were too high, he endeavored
TO secure reduction therein and
transferred the business to another
house. 1t may be his misfortune
and not his fault that he was unable
to persuade majority of his stock
holders of the wisdom of such a
change. 1t is not an uncommon lot
OF pioneers to be overtaken by dis
aster, and success is not always the
criterion of merit. To have de.
served is sometimes better than to
have attained it,"
Laurens, July 27.-Plaintiffs' at
,orneys made a motion to-day IN the
Lucas Milliken case TO submit certain
issues in the cause to a jnry. The
motion was resisted by defendants
attorneys, but was granted by Judge
Klugh.
SuItan's Narrow Escape.