The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1910-01-26
ARE
FIG HTING HARD
FOR INJUNCTION
Fourth Attempt To Tie Up EMF
Co. Made Before Judge Swan
Stacks Of Afidavits Figure
in Case.
Feature of Arguments Is Lively
Squabbles Between Atty John
s. Miller and Elliott G. Stevenson.

Judge Swan heard arguments all
day Tuesday. in the federal circuit
court, on the application OF the Stude-
baker Co. OF South Bend. Ind. for an
injunction against the EMF Co. Of
Detroit. restraining the latter from
abrogating the selling contract be-
tween the two firms. which the EMF
Co. repudiated Dec. 9 last. and pro-
hibiting sales OF care manufactured by
the EMF 10 anyone except the Stude-
bakers.
This is the fourth attempt OF the
Studebakers 10 secure temporary re-
straining order Judges SeYerens. War
Tington and Swan having previously
refused TO take summary action. This
application is made in connection with
the second suit started by the Stude-
bakers. and the arguments are based
upon volumes Of affidayits submitted
by each side. These affidavits already
run into thousands Hf pages Of type
writing. ana q new sheaf was flied
by the EMF Co. counsel during the
arguments, this lot weighing a tribe
more than two pounds.
In the rleadings before Judge Swan,
each side maintains that an adverse
decision would result in ruinous loss.
the EMF orators declaring that an in
junction would cause the closing OF
the plant. while the Sudebakers rep
resentatives insist that their selling
force and organization will be de-
stroyed II the EMF cars are sold IL
dependently To dealers. The force Of
this argument IS impaired somewhat
by the fact that the EMF cars are
now, and have been for some weeks,
sold IN just this way
john S. Miller. the famous STANDARD
Oil Co. attorney. took up all the morn
ing I'm his presentation OF the Stude
baker side OF the case. He engaged
IL spirited rallies with Elliott G. Ste
venson. chief attorney OF the opposing
legal forces.
Miller began by detailing the his
tory OF the EMF Co. and the debut
OF the Studebakers IN the automobile
Industry. He described the negoti9
tons by which he Studebakers hrsi
secured the selling agency for por
ton OF the county. and later sole sell
ing rights, purchasing minority in
terest in the EMF Co. at the sam;
time. He pictured the advantages o
the Studebaker alliance. with the organ
ICED Studebaker selling forces. tn tEt
young Detroit concern. quoting letter.
OF Walter +. Flanders, president y
the EMF. in support OF his conten
ton.
Reading the contract. Miller dwsit
longest on the section which provided
that In case the number OF advanc.
orders for any four months fell below
500 cars. the board OF directors OF
Z the EMF Co. might meet in special
session and either retrench on ex-
penses, decide to sell cars independently
Ct the Studebakers. or give the latter
opportunity to relieve the situation.
This last clause Miller construed into
an option comforting a prior right 20
the Studebakers, AMI he declared that
the course OF procedure OF the EN- F
Co. directors had been irregular in re-
pudiating the contract
With regard TO the schedule which
was the basis OF the differences, Mil
Ter denied that il formed a contract
denied the right CT any Studebaker rep