by said disaster to the steamship D., or by her loss and abandonment, be, and the same hereby are, perpetually restrained and enjoined from bringing, commencing, or instituting, or further prosecuting any suit or suits or proceedings whatever, upon any cause of action whatsoever, against the F. steamship company, for any loss, damage, or injury done, suffered, or occasioned by reason of the loss and abandonment of said steamship D., as aforesaid. And it is further ordered that this decree be served within the Southern District of New York, in the usual manner, and within any district or districts of the United States other than the Southern District of New York, by the United States marshal for such other district or districts respectively, by delivering a copy of such original decree and exhibiting a certified copy thereof to the party or person to be served. ADDISON BROWN, U. S. District Judge. FORMS IN CONTEMPT PROCEEDINGS CONTEMPT FORM I.-RULE TO SHOW CAUSE WHY DEFENDANTS AND THEIR ATTORNEYS SHOULD NOT BE COMMITTED FOR CIVIL CONTEMPT. [Application denied, see record, Stevens v. Missouri, Kansas & Texas Ry. Co., 106 Fed. 771, in which the author was counsel for the defendant.] [Title.] On reading and considering the verified petition of the complainants, it is here ordered that the defendants and H. C. Rouse, President of the Missouri, Kansas & Texas Railway Company; Henry W. Poor, President of the Kansas City & Pacific Railroad Company; James Hagerman, general solicitor, and T. N. Sedgwick, general attorney of Kansas, for said defendants, be and appear in their own proper persons before this Court at Fort Scott, Kansas, on the 15th day of February, 1890, at 2 o'clock, P. M., of said day, then and there to show cause, if any they have, why they and each of them should not be punished for contempt for violating the injunction orders heretofore issued in this cause. Service of this order may be made by the complainants upon the defendants by serving a copy thereof with a copy of the petition for this rule attached, on T. N. Sedgwick, general attorney for the Missouri, Kansas & Texas Railway Company and The Kansas City & Pacific Railroad Company; and by sending a copy of this order, with a copy of said petition attached thereto, by registered mail, to H. C. Rouse, president of the Missouri, Kansas & Texas Railway Company; Henry W. Poor, president of the Kansas City & Pacific Railroad Company, and James Hagerman, general solicitor of both defendants, at the usual post-office address of said Rouse, Poor and Hagerman. Witness my hand and at my chambers at Leavenworth, Kansas, this 24th day of January, 1900. WILLIAM C. HOOK, Judge. CONTEMPT FORM II.-NOTICE OF MOTION FOR AN ORDER COMMITTING THE DEFENDANTS AND OTHER PARTIES FOR A CIVIL CONTEMPT. [Motion denied. Colliery Engineer Co. v. Ewald, 126 Fed. 843, in which the author was counsel for respondents.] [Title.] To the Defendants, F. W. Ewald and United Correspondence Schools Co. and their confederates Leonard L. Poates, Leonard W. Seelingsberg and Consolidated Schools Co. and each of you: Take notice that on Friday, March 27th, 1903, at the United States Court Rooms in the City of New York, Borough of Manhattan, at the opening of Court on that day or as soon thereafter as counsel can be heard, we shall move this Honorable Court that you and each of you be adjudged in contempt of the injunction issued under and pursuant to the decree in the above entitled suit and for an attachment against you and each of you for such contempt and for such other and further relief as to this Court may seem just. This motion will be founded upon the affidavits and other papers, with copies of which you are herewith served, and the exhibits therein referred to which are at our office subject to your inspection, and such other affidavits or papers as may be served upon you hereafter and upon the proceedings, records and documents heretofore had in this case and now on file with the Clerk of this Court. Yours &c., CONTEMPT FORM III.-PETITION FOR RULE TO SHOW CAUSE [Application denied. See record, Stevens v. Missouri, Kansas & Texas Ry. Co., 106 Fed. 771, in which the author was counsel for the defendant.] [Title.] The complainants respectfully show unto the Court, as follows: That on or about the 7th day of April, 1898, they commenced the action above entitled against the defendants above named in the District Court of Bourbon County, State of Kansas. That on the date aforesaid, the District Court of said Bourbon County, not being in session, and the Judge of said Bourbon County District Court being then absent from said county, the Probate Judge of said Bourbon County made an order in said case, as prayed for in the petition of the plaintiffs, enjoining and restraining the Missouri, Kansas & Texas Railway Company, and The Kansas City & Pacific Railroad Company, defendants, and each and all of their officers, directors, servants and agents, from consolidating, and from taking any action towards the consolidation of the Kansas City & Pacific Railroad Company and the Missouri, Kansas & Texas Railway Company under the name of the latter company; and also enjoining and restraining said defendants, their officers, directors, servants and agents, from taking any action towards the cancellation of a lease dated May 13, 1890, under the terms of which the said Missouri, Kansas & Texas Railway Company has been, since August 1, 1890, operating the railroad of the Kansas City & Pacific Railroad Company, running from Paola, Kansas, to a point in the Indian Territory about six miles south of the town of Coffeyville, Kansas; and also enjoining said defendants, their officers, directors and agents, from cancelling, or exchanging for common stock of The Missouri, Kansas & Texas Railway Company, and from calling in the stock of the Kansas City & Pacific Railroad Company belonging to the estate of Robert S. Stevens, deceased. And your petitioners further show that on or about the 7th day of April, 1898, after said petition and restraining order was filed in the office of the Clerk of the District Court of Bourbon County, Kansas, and after said plaintiffs had given security for costs, as required by law, and had given an injunction bond, as required by said restraining order, a summons was issued out of said District Court, endorsed "Injunction Allowed,” and served in due form of law on said defendant, The Missouri, Kansas & Texas Railway Company, by the delivery by the Sheriff of said Bourbon County to the freight and ticket agent of said Missouri, Kansas & Texas Railway Company at Fort Scott, Kansas, of a duly certified copy of said summons, with all the endorsements thereon, which said service was duly returned by the Sheriff into the said Court; and that at the same time, and on said date, there was issued out of the said District Court of Bourbon County, Kansas, a summons endorsed "Injunction Allowed," for the defendant, Kansas City & Pacific Railroad Company, which last named summons was directed to the Sheriff of Labette County, Kansas, and by him served on the 7th day of April, 1898, at Parsons, Kansas, on Henry W. Poor, the president of said Kansas City & Pacific Railroad Company. That at the same time and place there was also served by said Sheriff on Henry W. Poor, president as aforesaid, a certified copy of said restraining order, of all of which doings the Sheriff of Labette County made return into said District Court of Bourbon County, Kansas. And your petitioners further show that a special meeting of the stockholders of the Missouri, Kansas & Texas Railway Company, and also a special meeting of the stockholders of the Kansas City & Pacific Railroad Company, had been called to meet at Parsons, Kansas, on said 7th day of April, 1898, for the purpose of ratifying and approving a proposed consolidation of the defendants herein, under the name of the Missouri, Kansas & Texas Railway Company. But, as commanded by said restraining order or temporary injunction, no action was then taken looking to the consolidation of said corporations, and no action was then taken by either of the defendants looking to the exchange of the stock of the Kansas City & Pacific Railway Company for an equal amount of the common stock of the Missouri, Kansas & Texas Railway Company, as it had been proposed to do at said stockholders' meetings. And your petitioners further show that on or about the 4th day of May, 1898, the defendants jointly filed their petition in said District Court of Bourbon County, Kansas, wherein they asked the removal of said cause from the said District Court into this court, and with such petition for removal filed such a bond as is required by law in such cases; that thereafter, and on or about the 4th day of May, 1898, said District Court of Bourbon County made and entered of record an order removing said cause to this court as prayed for in said petition, and ever since said date said cause has been and now is pending in this court. Thereafter, and on the 26th day of July, 1898, on the application of complainants, an order was made by this court permitting said complainants to amend their bill of complaint and file an amendment thereto; that thereafter, on the 5th day of September, 1898, the complainants filed an amendment and supplement to their bill of complaint, and sent a copy of the same to T. N. Sedgwick, one of the attorneys for the defendants, as required by said order. And your petitioners further show that thereafter, to wit, on the 14th day of November, 1898, the Honorable C. G. Foster, then one of the judges of this court, made an order, which was entered of record in this cause, enjoining and restraining the defendants, their officers, servants and agents, in manner and form substantially as they had been theretofore enjoined and restrained, and were then enjoined and restrained by the order so as aforesaid made in the said cause. A copy of said last named order was mailed by the deputy clerk of the United States Circuit Court at Fort Scott, Kansas, to T. N. Sedgwick, one of the attorneys for said defendants, at Parsons, Kansas; that said last named temporary injunction or restraining order, so issued by Judge Foster, ever since its date has been and still is in full force and effect, and each of the defendants, and James Hagerman and T. N. Sedgwick, their attorneys, and H. C. Rouse, President of the Missouri, Kansas & Texas Railway Company, and Henry W. Poor, President of the Kansas City & Pacific Railroad Company, have at all times had personal knowledge and notice of each of said temporary injunctions or restraining orders. And your petitioners further show that notwithstanding the premises, and in contempt of the injunction orders aforesaid, the defendant the Missouri, Kansas & Texas Railway Company, by H. C. Rouse, its president; James Hagerman, its general solicitor, and T. N. Sedgwick, its general attorney for Kansas; and the defendant the Kansas City & Pacific Railroad Company, by Henry W. Poor, its president; James Hagerman, its general solicitor, and T. N. Sedgwick, its general attorney in Kansas, met at Parsons on or about November 23, 1899, and then and there took such steps that on the 24th day of November, 1899, there was filed in the office |