Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1845-09-24

the Board of Directors ol the b. * o. X. X.
Co.:
'OrricE or THE BALrIMoRs * ONO RAIL
Roar ROAD Co Sept. II, ISIS.
To WM. ScHLEY, ESQ.
Delr Sir: Your commu-
nication of thu 81 ultimo, desiring precise in
formation on certain points connected with
the subscription BY tn, City of Wheeling to
the capital stock of this Company. was laid
before the Board of Directors, at their late
stated meeting.
I'm reply, beg leave to communicate the
following proceedings, viz:
ION motion of MIR. Kennedy, seconded by
MIR. +. Lucas, it was Resolped, That the
President be directed to communicate to the
Council of the City of Wheeling the following
resolution passed by the Stockholders on the
18th July last, viz:
"'ResolUed, As the opinion of this meeting.
that the City of Wheeling is not entitled to
vote as stakeholder of the Baltimore * Ohio
Rail Road Company
"And to appnse the said Council that the
Board do not, upon the passage of the above
r,sol ,tion, consi Ter themselves authorized to
communicate the information requested.
81 remain your obt serv't,
(Signed) SAMUEL JONES,
"Pres't pro. tem."
1t will be remembered that the City of
Wheeling, by her duly authorized proxy,J. H.
Alexander, Esq, appeared at the called meet
ing of the Stockholders of that Company held
at Baltimore on the 18th July last, claiming
TO exercise at that meeting all the rights of a
stakeholder by virtue of her subscription
This was done alter obtaining the well-con-
sdered and deliberate opinion of eminent
counsel, that she was and is at the present
time a stakeholder in that company, to the
amount of one million of dollars and as such,
had the clear and unoloubed right to partci-
pate III the deliberations of and vote upon all
questions submitted to that meeting How
her position as a stakeholder was Ia b. affect.
cd by the proceedings OF that meeting. rcgu-
larry had in pursuance Of the charter of the
companyy was matter for future considca
lion. Uudcr rrc-concerted Encouragement, with
oat the prctence of examination, refusing all
discussion and without that knowledge OF the
foundation OF the claim, whi,h was right and
proper, the stockholders then present, denied
the right Ihln claimed by the City Of Whec-
ling
Having ever acted in good faith, having
frankly and freely avowcd the foundation Of
her claim and invited discussion, the City OF
Wheeling prepared TO vindicate her rights by
AN appeal To higher tribunal forum where
the truth could be neither distorted nor sup
pressed, and where effective justice could be
oD'aInru rhr Company, or rather the lille
Saliy orSaMnrd meeting of the stockholders.
having refused to hear her appeal, she deter
mined upon seeking redress where il could not
and would not be refused. Accordingly. her
counsel in the City of Baltimore, by her au-
thority and request, addressed the following
htter to the President of the Company:
SAMUEL JONES, Jr. Esq.
PRESIDENT OF THE BALTIMORE AND
OHIO RAIL ROAD COMPANY.
DEAR SiR-l mentioned 10 you, sometime
since, IN conversation, that was DESTROYS TO
procure precise information, on certain points
connected with the subscription, by the CITY
oi Wheeling, to the capital stock of your Com
pafy. And also stated, that desired the
same on behalf of the City of Wheeling; have
Ing been requested to give my written opinion
as 10 the effect of said subscription. NV sud-
dcn, and, for some days, severe indisposition,
prevented me from making formal applica.
uon, at AN earlier period; and although gave
the opinion, without waiting for the desired
information; yet, if Interior proceedings arc
had, (ofwhich think there is no doubt Y This
information will still be important to the
City; and suppose the Company can have no
objection to afford it.
desire to obtain from your Office
Firstly. The exact date of the subscription
BY Wheeling.
Secondly, The form in which said subscrip-
ton was made
Thirdly, copy of the proceedings of any
general meeting of the stockholders. pr;or to
said subscription, and at which the terms and
conditions of the ordinance of the Civ ot
wheeling were considered and asscnted to. 81
hr es said proceedings relate to said proposed
o'DStiiPliOn.
Eourthly, The instances in which the vote
OF the City Of Wheeling was rendered and re-.
ceived at any general meetings of the stock
holders, and by what proxy IN each particular
instance.
khtiiy' copy of the Directors report adj.
ore seedto 'he Treasurer of Maryland, in which
me subscription by the City of Wheeling. is
treated as a valid subscription; and computed
as part OF the available rucans of the Com.
pany Tor the completion Of the road Ido
not know the date Of this report. or vould
be more specific.
And Snibly, Acopy ofthc resolution. pos.
ed at The recent meeting of the stockl,oIdcr,
on the twelfth OF July, in which the rpl,, Of
wheeling, To- vote as n stockbplocr. ,,a,. IL.