The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-12-12
railway CONCERN.
gets INJUNCTION
Order Stops Sale Of Large
Block of Capital Stock
Of Company.


An injunction restraining Man
ming Stires OF New York and 9TH
or defendants In the case OF the
Morgantown and Wheeling Rail-
way Co. vs.. Manning stires and
others from transferring or deal
Ing in any OF the shares OF stock
held by them has been granted by
Judge w. s, Meredith OF the Ma.
rion County Circuit Court.
The original papers in the case
were filed yesterday morning, but
the bond filed along with the pa
pers was not signed and Clerk l..
A. Gather of the court refused to
accept the ;bondsuntli II was prop.
erly signed. The attorneys in the
case were compelled to SO to
Warrington to get a signature on
the bond and did not return. to
court until late in the afternoon,
The final work OF finishing up the
case was transacted this morning.
a Litigation over the transfer 56i
the stock and other features OF q
proposed deal nave been on for
some time. but the action taken
here yesterday was the first start
ed In this county. The Morgan
town and Wheeling Railway. CO.,
supplies shipping Facilities tor the
SCOTS Run and Dunkard Valley
districts Of Monongaiia County.
A bill in equity was filed In the
office OF Clerk Gather yesterday
In which the Morgantown. and
Wheeling Railway Co., OF Pennsyl-
Vania Is plaintiff and Manning
Stires OF New YolS, Morgantown
and Wheeling Railway Co., Of Nor.
gantoWn, Morgantown Corporation,
"a corporation; Monongalla Com
structlon Co., a corporation: Watt
man u. Conaway Of Fairmout,
r. II. Jarvis OF Morgantown, r. Nj,
Hite Of Fairmont, ]. W Thompson
OF Uniontown and n. q. Keen OF
Morgantown are defendants.
The bill contains several pages
Of allegations, among which Is the
statement that the purpose OF the
company was to balid and operate
standard gauge railroad between
Waynesburg and Blacksburg and
TO later merge with the Morgan
town and Wheeling Railway Co,
Of West Virginia aud thus form a
continuous line. OF railroad from
Waynesburg to Morgantown.
The. allegations further set up
that Manning lStires for himself
and as trustee for his associates
and for the Morgantown and
Wheeling Railway Co., OF Penn
sylvania acquired In connection
with the completion Of the West
Virginia project i ,764 shares OF. the
capital stock Of the West Virginia
company, which capital stock con-
stitutes a majority and therefore
the control OF the West Virginia
corporation, aud that he Is oblig-
ated by his contract to deliver the
same to the Pennsylvania corpora
ton, but that contrary to his agree
ment and obligations he has enter
ed into an agreement with J.. ".
Thompson, w. II. Conway and
other defendants named to trans
fer the stock 70 them and thereby
obtain a larger financial return,
fop himself, The effect OF this act
upon the part Of Stlres,y the bill
states, would besto destroy the op-
poutunity Of carrying out the entire.
project between Morgantown and
Wanesburg and deprive the plain
tiff of It's rights. Z -
RING FEM UP FIRST
Cornefia: II see that another ef.
fort to get In communication with,
Mars has ended IN failure
VERIFIED: Eyes. / don't think
they VIII ever be able to communal.
cate with Mars unless they! first no
a signal so that she will be on the
lookout for IT,