Show ramsey had discredited by aiding year ago to eject gouid elead of the wabash railroad st louis mo oct 9 in the st louis circuit court today judge dan ataylor cT aylor denied the application of jos ramsey jr deposed president or the wabash railroad for an injunction to restrain the missouri pacific and iron mountain roads or their trustees from voting stock held by or for those railroads in the an mial wabash election to be held in to lado tomorrow news of the decision was telegraphed at once to toledo where george gould and his supporters are and jos ramsey and hia personal advisers have arrived the failure of he in which if successful nouIS ave tied up a large block ot as a most important por tant for the gould interests decision in part follows it appears from the plaintiffs pe altion and the verified returns of such of the defendants as have been served in this case and the evidence adduced upon their hearing fora injunction that the plaintiff is a minority stockholder of the wabash railroad company that the missouri pacific railway is the beneficiary owner of of the shares of the wabash railroad company which are now registered upon the stock books of he wabash railroad company in ahe name of H M walker under an instrument of pledge given to secure certain obligations of the missouri pacific company held by persons who are strangers to this suit that st louis iron mountain southern railway company practically all he shares of which are owned by the mis pacific railway company has an interest in of the debenture bonds of he wabash company which are in the possession and registered upon the books of the wabash company in the name of the mercantile trust co of new york under the terms companas comp anys unifying and refunding mortgage ana owns ca shares of the preferred stock ot the wab ash company which are in th c name of george gould and W L wal son that george gould is the chief executive officer of all three of dej de J fondant railroad companies and that alie board of directors of all three of them are composed largely of the same persons while the principal active officers of the iron mountain and missouri pacific companies are practically the bame and that at the last annual meeting of the stockholders of the wabash company held in october the plaintiff holding proxies and representing tho missouri pacific and iron mountain companies holdings in the wabash company as well as those of others cast all of he ballots cast at the meeting and elected the entire present board of directors of the wabash company it also appears that while alie de fondant wabash company and the missouri pacific company have lines ex through various parts of the united states both of them have missouri charters and the most important portions of their missouri lines are those extending across the stale ot missouri from st louis to kansas city and from kansas city to st louis alie plaintiff contends that tho wabash railroad company and the missouri pacific railroad company are parallel and competing lines within ahe the meaning of the provisions of section 17 article 13 of the constitution ution of missouri and of section of the missouri statutes and hence that the holding of these securities of the wabash railroad company missouri pacific company is illegal and beks by this bill filed jn to enjoin tho voting of these ip at the meeting of the wabash company to bo held oct 0 upon the ground that they arc illegally owned aud will be voted so as to effectuate a purpose to feline competition between pfau missouri pacific and wa hash companies in missouri and that he as a stockholder in the wabash company will be injured thereby all t the defendants who have appeared or have been served disavow such il legal purpose and attack the good r faith of tho plaintiffs application the court find the record in this case so with evidence of violations of he provisions of certain of tho giai couri laws enacted for the protection public that it has been loath to macli ahr conclusions herein expected he record develops the fact that ia last annual election of the wa railroad Rall road company tho plaintiff holding the proxies of the then of these very shares the voting of which he now chave enjoined voted all ot jabbo election of the very per rom he now charges will bo 0 conduct the property 0 he wabash road as to not only lio late the provisions of the laws of missouri but will also BO conduct the same as to injure him I 1 am of the view that this action of plaintiffs is sufficient to compel the court to deny him the relief which he seeks in the absence of proof showing that something has transpired since the time of puch voting ot this stock by him which would indicate that the purposes of those who will be elected by the voting of this stock at the meeting to be held on the of october will be different from those of the persons elected by the plaintiff the older will be that the effort heretofore made upon the defendants to show cause why a preliminary injunction should not be issued will be vacated and plaintiffs application tor a temporary injunction denied signed daniel G taylor |