The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-06-20
chesapeake & Ohio May
Proceed to Vote Stock.
JUDGE safer MAKES RULING
D elaye e d improvements
May Now be Made.
vlreinian Railroad Is said to be BE-
hind Move to Prevent c. a. O. From
Voting Stock In the Hooking For the
Reason That IL Wants an Outlet 10
The Lakes Over the Hooking.

In brief decision, reasons for
which will be announced later, United
states Judge John Il. Safer yesterday
vacated the restraining order which
prevented the Chesapeake and Ohio
rsilroal from voting Hooking Valley
stock and dissolved the Injunction
which prohibited the Chesapeake and
Ohio from getting control of the
Hooking and the New York Central
from assuming control of the Toledo
and Ohio Central Attorney John f..
Wilson Of counsel for the railways
yesterday said the restraining order
decision would not be appealed. Be
fore the railways con proceed WITH
their ulans. however, custer suits
Brought by the attorney general at
the instance OF the prosecutor o.
Fairfield county remain to be disposed
Of. 'n
The suits were brought more than
a year ago in tommon pleas court by
Howard d. Warrington, secretary OF
the Ohio o-Michigan-Indiana Coal Op-
orators association: Ralph II. West .
fam ana Fred ~. Schoedinger. local at.
torneys. Judge <inkead last August
granted the restraining order and in
junction and appointed II. J. Booth
and j. NJ. Sheets coreceivers for the
Hooking and associated lines. Booth
and Sheets. however. never were per-
mitted To enter on their duties as re-
ceivers.
TO BE Heard ON Merits.
AT the instance OF the Chesapeake
and Ohio the cases were transferred
to the United States court The West
fal and Warrington cases came into
the federal court with the restraining
order and Injunction outstanding
Railroad attorneys made motions to
yacate the restraining order and dis
solve the injunction each of which,
according to Judge iSater's decision,
were well taken. i0 ..s5il,.
Although Westfallr and Warrington
declined yesterday1ts make statements
'conctcning their future, course the
Question of one railwayn holding stock
lin another Is yet Ia be passed upon On
its' merits. ur.as I.cu.n,r f.,
stock Issue May BE Possible.
Judge Sater's decision was laconlc.
IN conclusion he said:
eat later and more, convenient
dateibnr opinton JTjil he 9led,, setting
forth the courts reasons for IT'S ac-
'IOno' f'i - hnt iu p. lt,s-.u ,.l.,.,
when the uopiDlppi In fpIl VIII ne
mHde public isunot known,
Following an lunsuGcessful attempt
on the partSOf Warrington, Westfal'
nnd SchoediHger To restrain the Hook
ing Valley from5retiring Sl5,OOO.OOO
preferred stock, the railroad, 10 make
good the amountsu wanted to increase
SIS common stock. from Sll,O0OOOO to
$4,000. 900. If the cases passed on
yesterday are not carried up this now
wnl be possible.
Railroad attorneys who, throughout
different hearings. have pointed out
that the Hooking desired TO spend sew
eral millions on physical improve
ment of the road, In the hearing on
the two motions brought out the fact
that the VssgInian railroad was behlnd
the suits. 1t was claimed that Man
ington. Westfall and Schoedinger were
agents Of tho Virginian, which wanted
10 prevent the Chesapeake and ON
from getting the Hooking, so that the
Virgimian could get an outlet to the
lakes.
I.In 30 ------
A transcript from mayor Settlers
court in the criminal assault case
against James |. Haycock, was filed
I'm the common pleas court today. Hay
cock, is charged with erlmlnally as
saultlng Lucy Warner. June H. l9ll'
"