New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1867-05-19

New Orleans to compel the commissioners
Of election for directors of the New Orleans,
Jackson, and Great Northern Railroad to
count the votes cast by the mayor of the
city of New Orleans and the governor of
Louisiana at the election held last month
for board of directors aud to declare the
result of that election according to law.
The attorney general appears on behalf of
the State, and Mr.. George s. Lacey on the
part of the board which would have been
elected if the votes of the State AMI city
had been received.
To the Honorable Judge Of the Sixth District Court,
City OF New Orleans:
The petition of the State of Louisiana by
and through the governor OF the State aud
the undersigned attorney general, and also of
Robert Watson, James Graham, f. Heistand,
j. A. Roberts, J. S. Walton, j. W. Parker,
Cuthbert Bullitt, ]. P. Horner, Cyrus Bus
sey, j. II. Oglesby, c. C. Shackleford, and
W. Hemingway respectfully represents:
That in the year 1853, the legislature of
the State of Louisiana, for the purpose oi
constructing working, and maintaining
railroad from New Orleans to JacktUn, in
the State of Mississippi, toward the point
that would be deemed most favorable for
continuing communication to Nashville, in
the State-of Tennessee, passed an act to in
corporate the-New Orleans, jackson, and
Great Northern Railroad Company, which
said act was duly approved.
That i'll and by the said act, it was pro.
vided that the business of the corporation
| should be conducted at its domicil in the
city of New Orleans by board composed
| of eighteen directors, who should be stock
| holders, of whom six should be selected
from the stockholders residing in the State
of Nssissippi; that quorum should con
sist of at least seven directors; that the di-
rectors should elect one Of their body as
president of their company at the first meet
ing after their election; that the election of
directors should be held by three commits
sioners selected for that purpose; and that at
all elections by stock holders and at all their
meetings each share should be entitled to
one vote.
That on or about the 2sth day OF April, in
the year last aforesaid an act OF the legisla
ture of Louisiana was duly approved, direct
| ing the State treasurer, within ten days
after the passage of said act, to subscribe
| in behalf of the State of Louisiana, for
| g., 900 shares, of twenty-five dollars each, of
the capital stock of New Orleans, jackson,
and Great Northern Railroad Company.
That on or about the 18th of March, 1884
an act of the Legislature of Louisiana was
| duly approved, authorizing the common
| council of the city OF New Orleans to sub
scribe to the capital stock of the aforesaid
| company in a sum not exceeding two mil
| lions of dollars.
That under and by virtue of the act incor-
porating the New Orleans, Jackson, and Great
Northern Railroad Company, and the acts
of the legislature authorizing and directing
the State treasurer, and authorizing the
common council of the city of New Orleans
to subscribe to the capital stock of the atOre-
said company, the State of Louisiana, by
and through the governor of said State, and
hn pif fv e \pu- Orleans hv and tbrpuC oh tho
mayor of said city, at every election for the
| directors of said company, became and were
| entitled to cast one vote for each and every
| share held by the State of Louisiana and the
said city of New Orleans respectively.
| That subsequently thereto, and in or
| about the month of March, A, D., 1860,
another and further act was passed by the
| legislature of the State of Louisiana, and
| approved on the fifteenth day of the said
mouth of March, by which last mentioned
act it was provided: That the governor OF
the state of Louisiana, and the mayor of the
| city of New Orleans, be, and they are hereby
authorized and required to cast the vote of
| the stock owned by the State of Louisiana
| and the city of New Orleans respectively, in
| all meetings of stockholders for the election
| of directors OF said company, in the same
manner, and 10 the same effect, as individual
and private stock kholders vote therein.
| That since the passage and adoption OF
| the last mentioned act, the State OF Louis
lana and the city of New Orleans, as your
petitioners are Informed and believe to be
| true have voted at one or more elections
| for the directors of the said company and
| at such election or elections hYve cast n
number of votes equal to the number OF
shares respectively held by the State OF
Louisiana, and the city of New Orleaus; and
as your petitioners have also been Informed,
| and believe to be true, at one or more cleo
tions for directors neld by the said company
the State of Mississippi has cast her vote, all
of which will more fully appear from the
evidence to be produced on the trial of this
proceeding.
That in or about the month of April, in
the year AID. 1867 an election was held fol
directors of the New Orleans, Jackson, and
Great Northern Railroad Company, at No
A Carondelet street, in the city OF New
Orleans.
That at the time of the election for said
directors, the State of Louisiana held anc
owned siXty-four thousand shares of the
capital stock of the aforesaid New Orleans
jackson, and Great Northern Railroad Com
pany, and the city of New Orleans ther
held and owned eighty thousand shares o
the same stock, and that the State OF Louis
lana, through the governor thereof, at The
| said election cast siXty-four thousand votes
and the city of New Orleans, by and through
: her mayor, gave eighty thousand votes Il
the following persons to serve as directors
of the New Orleans, Jackson, and Greai
Northern Railroad Company for and during
the then ensuing year, viz: A. ID. Griet
Robert Watson, James Graham, J. NJ g.
Parker, Cuthbert Builitt, j. p. Horner
Cyrus Bussey, E Heistand, J. II. Roberts,
} ]. 5. Walton, E. J. Forstal and ]. II
Oglesoy, C. c. ShacklefOrd, George Fearn
, r. Winter, W. Hemmingway c: G, Ballen, s
: l.. Mosby, the asst six named having beer
, voted for as directors for the State of Missis
sippi.
That the commissioners of election re
, ceived the votes of the State of Louisians
and of the city of New Orleans, cast by ant
, through their respective officers aforesaid
, but that the said commissioners pretended
without the legal right SO to do, TO receive
the votes of the said State and the said cit,
under protest. that in counting the vote
, cast at the said election the said commits
. sioners refused to aud did not include AN,
, vote cast by the State OF Louisiana and thI
city OF New Orleans ; that these votes wer,
! entirely ignored in ascertaining and deter
mining the result of the election, and th'
/ following persons, who received minorit.
of the whole vote cast, were declared th
, duly elected directors of the New Orleans
} jackson, and Great Northern Railroad Com
pany, viz The Louisiana directors: G.
Beauregard, J. IL. Blanc, George Clark,
Fellows w. A. Gordon, w. Henderson,
j. Leeds, X. ]. Ogden, J. j. Warren, Ii. W
Z Schwartz, Williamson Smith, and L. j. Fol-
! stall for Mississippi directors ). j. Gho
son, b. l.. Hatch, A. nj. Carothers, r. d
Brown, Lafayette Montgomery, and Joshu
Green.
a That the several persons hereinabov
last named, illegally claiming to have bee
elected directors of the aforesaid company
2 have entered upon tie discharge of I'll
r duties of the Office of directors and am Dn