The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-25

NEW YORK CITY.
important Proceedings In the
Law Courts.
.~S,>N~>@~~-->>~>>.>>~-~
THE GREAT ERIE RAILROAD WAR
A Terrible Conflict Raging All
Around.
Hostile Judges Joining in the
Melee.
~>~~~>~-~~~>~>~N~~~~-~--
The United States Courts
Invaded.
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The WhiSkey Ring Indictments and the
The WhiSkey Ring Indictments and the
Alleged Naturalization Frauds.
TEE ERIE RAILROAD WAR.
UNITED STATES DISTINCT COvsT.


Tho Erie War Carried into the United States
no Company by Order Of United States
Judge-His Security Fixed MT S1,000,OGO.
Before Judge Blatchford.
The following Is the substance OF bill OF COM
plant filed on Monday evening in the Clerks ONCE
OF the United States District Court, and on which
the subjoned order was issued by Judge Blatchford
Henry b. Whelpiey, citizen of the State OF New
Jersey having resolved to carry the Erie into the
United States Court has filed bill OF complaint IN
the United States District Court, setting out with
pretty full history Of the formation OF the company
the claim OF the company to a power to issue new
STOCK the passage the 18th OF February last by the
Board Of Directors OF the following resolution:
Resolved That under the provisions OF the statute
authorizing the loan Of money for such purpose the
Executive Committee be authorized to borrow such
sum ~ may be necessary and issue therefor such
security as ID provided for in such by the laws
Of the State; that the President and Secretary be
authorized under the seal of the company to execute
all needful and proper agreements and undertakings
for such purposes; that under this law convertible
bonds to large amount were issued at varl-
GUS times, realizing over S., DOC. 600 for which
stock TO the extent OF 900 shares has issued
henry H. Smith being one OF those TO whom such
stock was issued, from whom the plaintiff purchased
1000 shares paying for them bona nae. and having
no reason to believe that the stock part OF
been made that the stock is not genuine stock ana
ON this ground application has been made to the
board Of Brokers 70 strike the stock from the list by
which the market value OF the stock would be wholly
destroyed; that there are many others IN the same
position with the plaintiff; that he has no power of
ueciding the question, but the stock be spurious he
Is entitled TO return OF bis money; that his stock
now unsa able at Its real value; that various suits
have been brought and are now pending with regard
to the management OF the anairs OF the company,
and TO this stock, he believes In the interest OF
the persons who have made these allegations; he
lrf
ahey should be against the validity OF the
stock he would have no remedy other than by the
the Court 70 inquire into the validity OF the issue OF
stock, and II they should adludge It illegal TO
pei the Erie Railway 10 give back ts bonds, or II
that Ia beyond It's power to repay him his money;
that meanwhile an injunction he placed the
perry as to leave him rernediiess ana that a re-
ceiver DO appointed and the company directed TO
transfer tS en9aga to hm to meet he Claim
This blu Is sworn 10 on the sd day OF November.
MIR. Fullerton admits service OF the bill and OF notice
of motion, and valves further notice for any injuno-
ton herein and for receiver rs prayed for and
appears Tor the New YORK aud Erie Railway pom.
pany.
On this the following ordertwas entered -
stated term Of The crcni Court q TIE United States
York on the I'D day o. November s6s present. tbs honor
.gs.,y D. wAeslssss rae E-tc Ra,oai oOuporv.--upon
Tho ei Of complaint herein duly sea ana spgssranes
.oclo tie WAIVER Oy MIN day fed g service o.
noaoe OF monon or the AMI nereon sser ordered
aud motion OF q. A. seward, solicitor for plaintiff
ordered that Jay Gould, the present OF the s
fendans and he hereby appointed Of
Pendants to the extent prayed for the fh
OF said bill his ng in the oee the Of this
court bond 10 the United States, in the penalty OF
@l,O0,OU with sufficient suretes to such amount
uitioned Tor the faithful discharge Of his duties
such receiver, such suretiea 10 Justify and nc
knowledge such bond before the clerk this or
his deputy and such bond be approved by said clerk
60 It's form and subcency IL further ordered tina. the
said defendants do then the said Could
such receiver sufficient cash, and securities, 10 bs
held by him subject the iurlher order OF the court 10
hn and the other holders Of stock named IN said BILL
abide the event OF this suit
And IL further ordered that urinary Injunction
issue out OF under the OF TENOR pur
port and effect for Ia the fourth paragraph he
prayer OF said BILL SAMUEL BLATCuFOkD.
4 THE srRRTIES TO THE BOND.
ne Following named sureties executed the bond
mn been approved therefor by Judge Batch
Ord, 'enry II. Smith, James Elsa, Jr.. William H.
,r.eea ~ hugh smith.