The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-04-13
SOUTHERN BEGINS
FIGHT ON RYAN
On Petition Of Southern Judge
Pritchard Enjoins c. and o.
from Constructing.
BILL CLAIMS ENCOURAGEMENT
legal Battle Will be Bitter, for
Ryan Has Spent Fortune
in Extension.
Especial to The Times. Dispatch. j

ASfIEVTLLE. n. c., Aprid ia legal
fight involving the charter rights of
Thomas y. Ryan's new road. the Car
DINA. Ciinchfeld and Ohio Railway
| formery the South and Westerly, was
commenced here Yesterday when United
states Judge j. G. Prtchard. on petit
T, ton of the Southern Railway. issued
an injunction against the Carolina,
lClinchneld and Ohio road. restraining
| that company from continuing con-
struction work on the most important
section of the companys road, several
miles east of Marion n. c., and the
defendants are ordered to appear be-
fore Judge Pritchard in this city next
Thursday and show cause why the in
junction should not be permanent and
the company enjoined from doing any
further work or claiming any rights to
the roadbed they have already con
structed at several points close to the
Southern Railway tracks.
Grounds for Complaint.
The bill for injunction was filed on
behalf of the Southern Railway. Caro-
lima Division, citizen OF South Carolina;
the Southern Railway Company, a citi-
zen. of Virginia against the South and
Western Railroad Company. the Caro-
lima Clinchfeld and Ohio Railroad Com
pany. n Virginia corporations; Carolina
Construction Company. North caro-
lima corporation. and Millard Quigg
Construction Company. Virginia cor
poration.
1t alleges that the Southern Rail-
wa. Carolina division is the owner OF
certain line of road known as the
South Carolina and Georgia Extension.
running from Marion, N. c.. to Camden.
S. c.. a distance of III miles, and that
on June 80. 19U-, this line was leased
to the Southern Railway for term
of 900 years, and that the Southern
Railway entered into possession and
operation. That on April 9. 1908, the
defendants, railroads and their con-
tractors. unlawfully entered into the
right of way of the Southern Railway
line between Marion, n c.. and Their
NAL City. n. c.. and wrongfully set Up
title to the same. and are now blast
ing and constructing roadbed. en-
croaching upon the right of way OF
the Soulnern Railway for two miles,
and are making two grade crossings.
actually endangering the Southern
Railway.
Upon deposit by the Southern Rail-
way of $4,000 bond to save the de-
PENDANTS from damages. Judge Pritclr-
ard issued the injunction prayed for.
Ryan Claims Title.
1t is understood that the Ryan cor
porations will in defense set UP that
they have title to this land. even
though 1t appears to be the Southern
Railway right of way, and they will
seek to show that the Southern has no
legal rights which can interfere with
the construction of the new road. 1t
is commended that the original charter
rights were issued to the Charleston.
Carolina and Cincinnati Railroad Com
South: that number of years ago the
Charleston, Carolina and Cincinnati
sold the actual railroad to the South
crn Railway Company. as alleged by
the Southern, but retained It's original
charter the Southern Railway Com
pany now holding track by said lease.
Some years later. it is alleged, the
Charleston, Carolina and Cincinnati
Railroad was merged into the South
and Western Railroad Company, which
now claims all tho rights of the Char
lesion, Carolina and Cincinnati, and
maintains that its rights are superior
to those of the Southern RAILWAY. The
defendants will attack the title of the
Southern Railway.
Warm Flight Expected.
The far-reaching effects of this suit
can hardly be over estimated and it
is stated by those in u position to
know, that it will be one of the most
important and fiercely contested suits
ever entered in this State.
The South and Western, now known
as the Carolina, Ciinchfield and Ohio.
Ryan road, has built from the coal
fields of Virginia, southeast. passing
through the Northern Carolina coun-
ties in spite of the strenuous opposi
ton of the Southern Railway, and at
enormous expense. is said to have con-
structed the finest roadbed known in
this section. 1t tunnels a mountain,
and in an eff ,rt to head it off, the
Southern has bored tunnel nearby
which passes over the South and
Western tunnels. Many sharp fights
between the rival construction gangs
at this place resulted