The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1905-10-11
JUDGE PRITCHARD
FILES DECISION.
Another Order I'm Laurens
Mill Suit.
INJUNCTION GRANTED.
Federal Judge Hands Down Order Re-
straining President Lucas from Pro.
ceeding Further In State Courts.

ASHEvILLE, Oct. 7th.-Judge j. C.
Pritchard, of the United States Court,
to-day made an order in the case of S.
M. Milliken and others against w. E.
Lucas and others, granting an injunc-
ton restraining the Defendants from
proceeding further in the State Courts
of South Carolina, and with interfering
with Milliken and others in the Laurens
Cotton Mill case. Judge Pritchard's
the cause, beginning with the action
instituted in the Court of Common
Pleas, of Laurens County, by William
E. Lucas in May, 1905, which action
resulted in an order of injunction re-
straining Milliken and others from vot-
ing stock at the approaching meeting
of the stockholders of said corporation.
Subsequently w. w. Ball, f. j. Pelzer,
t. r. McGahan and William M. Bird,
on their own petition, were made par
ties defendant in that action, and they
appeared therein and joined the plain
tiff in demanding the relief sought in his
complaint.
In due time the defendants appeared
and answered, and, by filing proper pc
tition for removal and bond, had the
cause removed from the State Court,
and gave notice of motion to dissolve
the injunction, which had been pre-
viously granted in the State Court.
The plaintiff, Lucas, met this motion
with motion to be heard at the same
time, to remand the cause to the State
Court. Both of these motions were
heard before His Honor, Judge Braw-
ley, who thereafter filed decree re-
fnsing to remand the cause and dissoiv-
ing the injunction.
The order issued to-day says further:
"Milliken and others complaining in
this action then began this proceeding,
which is ancillary to the original cause
mentioned for the purpose of restrain
ing the defendants from taking any fur
ther proceedings in the said original
the judgment of this Court that they
We're entitled without interference by the
defendants to call stockholders
meeting of the Laurens Cotton Mills
for the purpose of electing directors
for that corporation for the present
year.
"Upon the institution of the proceed
ing rule was issued by this Court re-
quiring the defendants to show cause
why the injunction prayed for should
not be granted. The defendants have
filed their several returns, and the
questions at issue were heard before
me at Asheville, N. c., on the 18th and
10th of September.
"The Court, having considered the
ihdIIeIS dC issue, Is OF OPINION CnaC the
complainants are entitled to the relief
demanded in the first paragraph of the
bill.
GAS to the matters referred to in the
second paragraph of the prayer of re-
lief of the bill, the Court is of the opin-
ion that ithas no jurisdiction thereof, ,ex-
cept to the extent of restraining the
defendants from taking or instituting
any other or further proceedings in
said cause in the State Court.
1T is therefore, ordered, adjudged
and decreed that the defendants be and
such of them is hereby enjoined and
restrained from proceeding further with
the trial of the original cause hereinbe-
fore mentioned in the State Court, and
from taking any other or further pro-
ceeeings of any nature whatsoever
therein, in said Court.
''Let copies of this order be forth
with served upon the defendants.