New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-03-11
THE GREAT ERIE BATTLE.

MORE NEUTRALITY-SUSPICIOUS. VANDERBILT,
JUDGE BARNARD, AND OTHERS ENJOlNED-
JUDGE BARNARD CHARGED WITH CON
sPIRACY.
A suit has been commenced by Mr.. Richard
schcl against the Erie Railway Company, Daniel Drew,
and Others which suit Judge Barnard granted an In
junction enjoning the Directors Of the Company from
holding any meeting which Frank Work Ia not permitted
10 take part In Che having been enjoned from acting as
Director the last suit previous to this brought by tho
Erie Company Fisk and others enoinng the officers OF
the company from issuing CT creating OF Increasing the
capital stock Of the company from converting Its bonds
into stock contracting with leasing property Of other
companies and from paying legal expenses &C., in tho
last suit brought by the company and Fisk against Mr.
Work and the Attorney General Rumors OF another In
junction against the Railroad Company, Vanderbilt and
public onioer were whispered in the Courts On Tuesday
morning The movements and counter hoveihcnts, IN
functions and counter inunctions, fast bringing the
matter TO such state that any who does anything
will soon have to 60 jail for contempt Tie following
is the present condition: -tF a--, r.
Two suits and proceeding, IN the interest Of Frank
Work, who said TO Dc the Of influential III
Work from gTon9r sR fEdyAgS p5cscdnsi ID I'd,
ATTORNEYS restraining The last suit and restraining any
action by the company unless Work can take part such
bnt, Mr. sche aud Frank work, restraining them from
doing anything whatever. ~. -
The original cases Et to he heard before Judge Bar.
aiu OF luehuy bul nc Dtlhe enRdEeu III the casey lilal
in the oyer and Termner postponed It I'll Wednesday
morning stating bis intention 20 sweep away all the In
functions except those granted in the original suts Tie
rumors alluded to not unfounded rs an action has
been commenced by william Belden a. shareholder Of
Erie against Mr. Vanderbilt Str Shell and Judge Barnard
with Others As this complaint presents new state Of
the case and remarkable charge against one Of
the Judges Of Supreme Court give entire, with
the affidavit support Of IT, and the Injunction issued by
Judge Gilbert Of Kings County.
william Belden sgt Vanderbilt wlsm II ysnderlt Rich
FrsaE Work josiah Bsfiv,, B1seoa paws Aisr,ndsr 4
Diyep Dsaiel Drew John Erdge William Bpn,, gbea JoI
aAnfJay 4 4 Pasi3 n V Wfg $50" ssd W n s
Lang W Wt, R' . sl' y. fe Ry .S
Marshall C6amIn Attorney General .. ne state Nesio
other stockholders and all other creditors OF the Ere
Railroad Company, complains and alleges: ]; That the
certain acts of the Legislature OF this state entitled An
act relating TO the foreclosure aud sale OF the NewIork
and Erie Railroad passed April a. 1850 and An act in
addition to- the said act passed Apr 2lS and the acts
amendatOTy Of or supplementary TO the same.
III. That the plaintiff Is the owner OF 1000 shares and
upward Of the stock Of the said Erie Railway Company
and he IL also the owner and holder OF BOND OF the Com
pany for the OF q COO dated August IS 1851 and pay
able on the let day OF october, 1880.
III. That the defendants Frank work josiah BARD,
well j. G. Bancroft Davis, Alexander Owen, Daniel
Jay Gould Dudley s. Gregory George VI. Groves, Fred
erick A. Lane Homer RamSden William b. skdmore
IT, are the Directors Of the said Erie Railway Company
~. That the said Erie Railway Company maintains
York through the States Of New-Jersey Pennsylvania
and NewYork TO Dunkrk aud Buffalo such railway hay
ing broader gauge than most other railways IN this
country and Its cars being for shat reason unable to pass
over most Of the railways which connect with IL.
" That the business and profits OF the said company
would be very largely increased by the opening OF rail
pS cad i'm h We go bS as f p sa ny
same from New-fork to all the principal Western cities
without change.
VI That another line OF railway between the cities OF
New-f0rk and Buffalo Is formed by certain lines known
Railroad
with that adopted by mo st railroads in this country
are all controlled by the defendant Cornelius Vanderbilt
who is director in each OF them, and majority Of the
stock in each such corporations is owned by HIM. by
persons acting for his interest," and IN uniform coOpera
VIiI-That the business OF the said Erie Railway Com.
pany Is carried on In constant competition with the said
three corporations which have common Interest In op
position to that Of tne said company. ,
IXThat the said Company has for some time past en-
deayored 10 complete its connections with the West by
securing the opening Of railways with track Of equally
broad guage with its and as the plaintiff Informed
rangements would accomplish this result, when the
proceedings hereinafter mentioned were commenced.
bnation entered into ut time in the month
February 1865 between the Defendants Cornelius Van
sche, James II. Banker George G.. barnard and Frank
Work to speculate in the stock OF the SAID Erie Railway
purpose OF aiding their specuatons for which purpose
they had various computations together in whiehit was
agreed that the said Work az agent for the said con-
sptors should BRING actions and other proceedings in
sue GotS, whereby the sara COMPANY should DC re-
connections with the West and from fulfilling its con
tracts for the issue stock and whereby It's directors or
some OF them. should be suspended removed, and
receiver OF It's property should be appointed
Al That In pursuance OF the said conspiracy the said
WORK commenced an action against the said Company
on or about the 18th day OF February 1868 for the pu
pose OF preventing the said Company from paying a
large sum OF money lawfully owing by IL the defend
ant Daniel Drew on the 18th Of February 1863 he
petition 10 be Med In the name Of the People OF the
state OF for the removal OF the aad Drew
bis ONCE az Director and Treasurer Of the said Company;
aud on the I'd OF March, 1905 lie caused action he
commenced in the name Of the said people against the
said Erie Railway Company, and eleven only OF the
completing the arrangements previously entered into for
the extension OF broad gauge track connecting its road
with the West.
XII That IN The two actions above mentioned the said
WORK obtained Junetlons restraining the said Company
from paying it's said debt 10 Daniel Drew and from fn
Ming III contracts for the extension Of lines