The Sun.
London, England, 1847-07-26 00:00:00

____.--.„.._-.6.....
THE BATTLE OF THE GAUGES.

(From the Observer.)

On Saturday the adjourned special meeting of the
Birmingham and Oxford Railway Company was held at
Herbert's Hotel, Old Palace-yard, Mr. W. T. Matthews
in the chair. Amoig the parties present we observed
Mr. F. P. Barlow, director of the Great Western Cem-
pan) ; Mr. Saunders, secretary of the Great Western
Company; Mr. F. Ruffen], Mr. E. I. Mozley, of Liver-
pool; Mr. Turner, of Liverpool; Mr. Carter, solicitor to
the London and North-Western Company ; Mr. Jones,
Mr. Cash, Mr. Gilbert, Mr. Dobie, and various other
gentlemen connected with the rival companies.
The CHAIRMAN stated that it would be recollected
that at the last meeting, which took place at Binning
ham on the 12th instant, a resolution of adjournment
was carried, with a view of seeing whether any arrange-
spent could be come to far a settlement of the unfortunate
differences existing in the company. He regretted that
the negotiations that ensued had not led to any success-
ful result, and he would therefore call upon Mr. Mosley,
who was in possession of the meeting at the time the
adjournment took place, to proceed with the business.
Mr. E. J. MuzLEv deeply regretted that, as had been
hoped, no arrangement had been come to, and he must
now proceed with the course which he and his friends
intended to pursue, to show the public their true
position, as they were determined to be played
with no longer.—(Loud cheers.) He did not regret
the negotiation that had taken place, as it showed
that they were disposed to have come to an amicable
arrangement, though he denied most emphatically the
insinuations that had been published, that he, or those
with whom he acted, had ever shown any iatention of
abdicating any principle; and he now stated that had
his party been met in a proper spirit by the Great Wes-
tern party, there could be no doubt but that a satisfac-
tory conclusion would have been arrived at. He re-
gretted that Mr. Russell, the chairman of the Great
Western Company, was not present, as he never liked to
speak of what had taken place with a gentleman when
he was absent; but he felt bound to give a short state-
ment relative to the negotiations to the meeting. He,
however, spoke in the presence of several gentlemen
who were present at the interview that took place, and
who could correct him if he was in error. It was not un-
til every effort, both straightforward and by side winds,
had been tried, to carry out the agreement for the amal-
gamation of the company with the Birmingham, Dudley,
and Wolverhampton Company, and the sale of the line
to the Great Western, had failed, that any offer of ar-
rangement was made. At a meeting of the Birmingham
and Oxford Board, after the House of Lords had de-
cided that the Bill could not pass the standing orders
without the consent of the shareholders being obtained,
Mr. Russell originated a conversation by stating that
he (Mr. Motley) had often expressed a desire to come
to some settlement, and that they (the Great Wes-
tern party) were now prepared to meet them. He
readily snatched at the proffered olive branch, and, at
the last meeting which took place at Birmingham, pro-
posed an adjournment, with a view, if possible, of com-
ing to an arrangement, which, while it secured the
rights of the shareholder, should put an end to all the
differences existing between the Great Western, the
discontented shareholders of the Oxford and Birming-
ham, London and North Western, and other companies.
After the meeting at Birmingham, he (Mr. Mosley)
proposed that the whole matter should be lett to the
settlement of one individual of the highest character and
station. That, however, was objected to, as it was
stated that all interests must be represented ; thus there
was the Great Western interest, the directors of the Ox-
ford and Birmingham interest, the Staffordshire interest,
and others. He said if they were going to name 18 or
20 interests on the one side he could do the same on the
other, and that with a body of 30 or 40 there could be
no hopes of any settlement ever being come to, and it
was at last agreed that the matter should be left to the
decision of five persons on each side. Mr. Russell
stated that any negotiations which took place must have
for their object the acknowledgment of the purchase of
the line by the Great Western Company. He (Mr.
Mozley) said that any meeting would be useless, as
t hat was the point on which they were at issue, and the
dissentient shareholders could not assent to that pur-
chase being carried out.—(Hear, hear.) Mr. Saunders
said that such a condition would be ridiculous—Mr.
Saunders, he saw, shook his head—
Mr. SAUNDERS did not say it would be ridiculous.
Mr. MOZLEY did not mean to say that Mr. Saunders
used that term, but he (Mr. Mozley) implied from his
manner that he said it would be so, and he proposed
that if five individuals met on each side the subject of
the purchase could be hung up for the moment, and
they could proceed with the discussion of the other
points. That was assented to, and he (Mr. Mozley)
undertook to communicate with the parties with whom
he was connected. He did so, and the London and
North-Western Company readily fell into the agree-
ment to leave all points of difference in their hands.
That was the position in which they stood when he pro-
posed the adjournment of the meeting of proprietors at
Birmingham, under the hope that something beneficial
to all would be effected. At that meeting he had ex-
pressed a hope that no lawyers would be admitted to
have anything to do with the arrangement; but it
afterwards being considered that Mr. Saunders, the
secretary of the Great Western Company, would pro-
feebly form one of the deputation on their part, and Mr.
Swift being the only gentleman connected with the
London and North-Western Company, who, from his
knowledge of the affairs between the two companies,
was competent to meet him, he (Mr. Mozley) waited on
Mr. Matthews, their chairman, and asked whether
there would be any objection, under the circumstance s,
to that gentleman forming one of the deputation?
when it was replied that, there being a sincere de-
sire for peace, there would be no objection to him,
and it was resolved to meet on the Tuesday. Mr. Swift,
however, was compelled to leave town for Scotland on
important business, and being fearful lest it should be
supposed that they wished to cause any delay, they re-
Solved to meet the deputation from the Great Western
party without him. They accordingly met, the parties
on one side being Messrs. Saunders, Russell, Cross
thwaite, Matthews, and Pratt; end on the other, Messrs.
Hornby, Westhead, Beale, and himself' (Mr. Mozley).
The first two gentlemen bail been selected as being con-
nected with the northern division of the London and
North-Western Railway, aid not having been at all
mixed up in these disputes; Mr. Beale, as the repre-
sentative of the Midland Company, they all knowing
the influence that he exercised at that board, and him-
self, from the prominent part,he had been unfortunately
called upon to take in these proceedings. At the meet-
ing Mr. Russell asked if they had anything to propose,
but he (Mr. Motley) stated that the invitation to meet
having come from him he ought to make the proposi-
tion. Mr. Russell then said that he was prepared to
do so, and proposed that the question of sale should
be settled by a friendly suit. At first he (Mr. Mozley)
and his friends were caught with the apparent lair-
ness of the offer, and they said they thought they
would accept it, but that they should like to consult
their solicitor relative to the suit. At that moment Mr.
Saunders proposed that, pending the suit, the directors
should proceed with the works as they were doing.—
(Mr. Saunders here dissented.) Having retired to
consult Mr. Dobie on the subject, he was not to be found,
and he then trio d to see Mr. Carter, but that gentleman
could not be found either. He accordingly returned to
ask for an adjournment, when it was announced that
Messrs. Dobie and Carter were in an adjoining room,
snd he and his friends entered to consult with them. On
stating the case, they at once stated that the only parties
to a friendly suit must be the Great Western directors,
as against the directors of the Oxford and Birmingham,
with whom they were acting, to compel them to carry
out the agreement of sale; and that the decision might
be delayed for twelve mouths, during which time they
would be expending the shareholders' money to make a
broad gauge line; so that it a decison was given against
the purch use bill they would be in the position of
the Great Western party having obtained the oyster,
while they (the shareholders) would have obtained the
shell. Seeing clearly that they could not agree to Mr. Rus-
sell's proposition, they returned and stated so, but offered,
in order to bring the question to an issue, to submit the
question to a friendly suit, provided that the directors
would consent to ballot out four of their body, as they
(the shareholders) had contended they ought to have
done before, and admit four others, when they would
agree, pending the suit, to do nothing which should in
any way prejudice the position of the broad gauge
party with respect to the line, and to forego all actions
for the past acts of the directors.—(Hear, hear.) That
proposition was declined, and they were told they might
proceed with their actions against the directors, it being
known that those pending were useless, and he told them
that others might be brought. It being clear that they
never could agree to a suit being prosecuted without
the works being stopped, he (Mr. Mozley) asked if the
Great Western party had anything else to propose, and
it was replied, no; the only thing they would consent to
was as he had stated. He replied, that in that ease it
was useless to have held the meeting at all, as the busi-
ness could have been as equally well performed by a note
of five lines from their solicitor. All efforts at arrange
went having failed they had now to show that they, the
shareholders, had rights, as the House of Lords by their
resolution, and by the decision of a committee
bad
declared Great Western influence had obtained, lad
declared they had, and take steps to obtain pos-
session of their own property. (Cheers.) With
that view he would submit a resolution to them,
and sure he was that sooner or later theytowo_eualdveonbo-
tain possession of it, as they were determined
Hon.
stone unturned to effect their object. The 1.1
a Gen-
tleman concluded amid loud cheers, by proposing
re-
solutionAlex-
to the effect that the meeting
ander Dobie as their solicitor to take. dsouca proceedingsophilip
in law or equity
Alston, Frederick ,Pratt
as might be advise d against
Henry Munoz, John Thomas
Barlow, Richard Spooner, Fra,nccihsaßritue Johnffentruds,sell,
char6B
Bran-
ston Frew, William Matthe w
Shaw. Henry Simonds, Charles Stevens, and the Right
Hon. Edward John Baron Netherton, or the directors of
the Birmingham and Oxford Junction Railway, or all or
any of them, to prevent the carrying out of the agree-
ment for the sale of the line to the Great
any We
bg,cite
Western Corn.
pany, made on the 12th of November, or
agreement orproceeding
forin any way to carry Out the
agreements, and the purpose of having such agree
meats cancelled, and alsopfor restraining the above men-
tioned parties from
acting in j
any way as directors of the.
Birmingham and Oxford unct con 'Drawly, until it