The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-29

The Chicago and Northwestern Railway Conn
pany Imbroglio.
Before Judge Sutherland

Before Judge Sutherland.
The People Of the Stas Of NesO York e. REL Rsfu
Hatch a. Albet L. Pritchord Treasurer If II, C1ica2
and NorsAUsRerx Rsfiseay Co~pasy-The argument on
the motion for order 70 show why peremptory
mandamus should not issue 70 compel the respondent
furnish stock list OF the company and exhibit the
transfer books 70 the rsaior, was resumed yesterday
before this Court
Mr. Allen argued at rrc.. length behalf Of the re-
spondent Pnicharo TO the effect that the Court could
not interfere by mandamus to enforce doubt
full right which ne claimed existed In the
present case. The reator desired 70 obtain the
Inspection for any object having for its final result
any particular advantage TO the corportors and stock
WIZ 70 secur. list Of The stockholdeI. sud the amount
OF stock controlled by them In order 10 obtain their
proxies and thereby secure result favorable to the
views he entertained relative To the organization and
election OF the board Of directors II IL sub
stanta personal right which the relator claimed the
present aspect OF the case the reaior sought by legal
process 10 OBTAIN the assistance OF the courts in compel
ling the respondent to aid him in securing the right 70
exercise the franchise OF Others by obtaining their
proxies and voting on them At the coming election.
The Court held that It difficult TO define In what
instance msndamus might not issue 10 ANY stockhoder
or any corporation under the Of New York pro-
vided such stakeholder showed himself before the Court
TO DO Dno 6de holder The statute provides that any
stockholder may inspect the books OF corporation with
which DO connected without ds1nng what the neces-
sites for such inspection might be- though the ap.
picant might be impeied by curiosity only TO demand
the privilege As the statute docs not provide under
what circumstances for what motive the examination
sought Do grnnted was presumaDe tnat tnc PROOF
of standing the corporation stockolder Is alone
sufficient for granting the writ to compel inspection,
unless some Illegal motive the part Of tho applicant
submitted In the papers BY the opposing counsel.
Mr.. Alien contendcd that In the under Argument
the had Jurisdiction the corporation beng
ganixed by and existing under the laws OF foreign
State me Court here remarked that though the corpo
ration beyond the control Of tho courts Of this STATE
It's agent in this city was amsnabs 10 aud under liz jurs-
dictou. "hN
An aidsvit Of the respondent was also read by Mr..
Alien setting forth that Mr. Prcbard had not in his
possession under his control at the time the
demand was made any transfer book or books
Of the company; that such books were
In his possession now. bad been In his
possession under his control at any time sub
sequent such application. This adavit introduced
by Of obsciion BY Mr. Laroque Of counsel for
the rca:or, that adavt designed 10 produce such
impression or belief and which offered In the
preceding days argument was svasvc and not sum-
GENTLY explicit.
The satemest contained in tho adavit OF yesterday
denied by Mr. Larocque, who contcndcd that the
respondents had possession control within the time
specified Of the transfer books and stock list.
Case argued and decision reserved.