The New York herald., 1868-02-23
SUPREME CoUET-cNAMBeRS.

THE chicago, Rock Island md PaciGc Rail.
read Company's L.tixntions-Tae Case He.
fore the Court on the Main. Motions for
Perr,nn~nt Injunction, Receiver aud Al
tachiBent for Violation Of Temporary
Injunction.
Before judge Cardczo.
Esk, J-., The Chicag', Rock Ildn6 and Pacifc
Railroad Company e cL-Hatch i. Samc-B:.dea pG
6ane-Iansha,oe SGne-This camo before the
yesterday morning the three principal motions
which have been long delayed by the preliminary
motions which decided At the hearing Tuesday
last.
Tho plaintiffs ii Will be remembered charge that the
Asfeudsna or al least the Executive Committee or
company, in December hat. without authority and with
ont spec al resolution Of me directors or
OF the corporation and violation OF its charter which
was granted under the lava Of Iowa and Illinois, issued
certificates for foriyniDe thousand shares OF the
capital stock Of The company. This committee COM
posed OF John Tracy. the presldsnt Thos. O. Duran
Shos }. Sturgs David Down and David Crawford The
capital Of the company under authority OF It's
Smarter nnstvtwo thousand shares Of the par yauo OF
500 share. The plaintiffs are owners OF various
amounts OF the org nal stock, and the plaintiff Fgx,
rlairns thrt he Frecuv 90 r,tt,ee or \ sub.c,mn, i,
zee consisting ~ Tracy and Do~s, TO whom the
Executive Conmii.ss delegated snthoriy, secretly
solvet 10 make this issue, and commenced 10 sell
hock Of the company for Their own account borrow ing
stock deliver under such contracts and nnay issa
ee thca,es for the wice OF the 1000 new shares
thsa to replace stock which they had thus borrowed,
and the balance al sher contracts OF sse thai h
sses wefe made a. par Mostly a. nlaely-eght per cent
shat the defendants have AIKEN
she leFalizlnR o this by the Legislature the
sste Of Iowa and 70 have the annual section OF officers
postponed until 1852 aad the present directors
sfnuod IN oce Tor year longer and also requiring
th. company - embark in snd urprot.abls
Prise, involving al exie4dHure OF several millions u
aollars, hat x ths .esue ia made valid and TIE
directors allowed 10 the money therefor hold
srs o. tho ~ ful ptpck Will be greatly damaged;
company viii lose hundred thousand d1i lara on
Aha slok rcG aud is dividends reduced by uuproh
schspe4 aud avestmens; that various Arms aud beok
Gf lh city ho!d large emcunls Of money realized on
GALES c ne new issue OF stock The psofs pray that
Che new stock csrtncates sloun be cancelled ana DO
xsred irs ihst thu direclors ths company 10
GonlpellAd 10 accounting fr oil mUneys received
undcr ssx or loans Of raid stock ,n. ine
No WApinA1 from taxing acton under laws who
3&dat palsei BY tie Legislature Of Iowa lsgalisng
lcrx, an from transferring the stock transfer aud
}jsoka beyond tie juriedlctior OF this court; mat
~ dir be removed aud rccsivsr appointed until
abs s.eekhossrs can be- convened to bold new elec.
bonpany and pisstfa all Losses ihst have been
4s!ned by reason of the M alters above set forth
oa th' eompisD. VIC eour, srso.sa temporary @ In
kaenl on ths following motons-L To rspdsr the tom
IorAs5 hganeugs perpetual 10 .rpoh; receiver vi
aftacnmsnt for violation of the temporary ordrr of
rsstrant
Several hours wsre eesupied BY Mr. Dudlsy Field in
scAapg deposnons tskso Al various tines and also es
topy iaksn before the referee under order ef the
court James Fisr, Jr, in his sffdsvlt sets forth,
among other things that the defendants have
many obstacles TO the ascertanng OF particulars Tue
Gaze, and have not only avoided themselves the IN.
qrss made but have, depoaent beiio ges influenced
srtty person whom aey could influence TO refuse
infoImalos; that he has reason 10 believe that the
itov. aud sale Of the shares wsre made IN
Pursuance OF conspiracy between tse directors
krd officers OF the company, gotten up for
ths purpose Of sntebing themselves At the
expense of its stockholders aud the public
that he nhdent that when enabled 10 examine the
different parties aud witnesses be prove all The de.
tails of tho said conspiracy well as that The issuo and
sale Of the stock we're unlawful and fraudulent; that
uons Of the tmen contracts for account or tbs
company, but hat tho intention OF the uspratora
- deprsss Se msfset By throwing at 0Dcs large
AmoQBt ~ Ftngk fNat tie depYsfson p Dsssmber last