New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-11-19
THE NEW ERIE WAR.

TnE OTHER siDE-AIL SUITS STOPPED ~ IN
JUNCrp0N-JAY GOULD APPOINTED kLOIi '" c
In the suit of Charles Mcintosh, pia'n,u-'
against the Erie Railway Company Jay touiu, N,on'
ander s. Owen, James Fisk, ir, Frederick a. '1 ,
Davis VIM NJ Tweed Peter B. sweeny' baiie, l"os
r. Homer Ransden, John Hilton GeOrse r,o,'rv
John Gausou, Charles @. sisson, O. ". OhSl"r 20
Thompson, william b. skidmore' ana "eoi - - ,,I
Directors OF the Erie Railway Company anu Nue ,r1l
mont Richard schell A. A. selovcT, ana James ~ -,
Defendants The plaintiff, on behalf oil huiee' "N' va
ntbcr stockholders who may join, complaints ,,,--,
That all the defendants except Belmop. 1Crg,i tp
over and Ill., are directors 9l VIZ 1--we and tweed are
pany and that Gould FISK Miller, AM i D,pectors
the Fsecutlve Committee of the joalu 81 ,Y, thoro
That the plaintiff Owls 0 COMMON and preferred
sides large amount Of bonds COM az 19f ~ ]
iai, that tbe amount capital stock is not hAed onS
~ oar ~ directors are authorized TO issue as much
an s v 800 a. hey think proper Other present END
mast stockholders claim that ihe AMOUNT , VI 9 T ,5u
IS limited and that the Board OF directors nave UN'"
fully exceeded these limitations. , .. 81. ~, ,,,o
q Tbat whin few days the speeua.lye sales OF E,le
.toclI and me fluctuations in price ana tne hummer Wiz
49, sold snort" have been very great that many per
sons have specuated IN Erie IN anticipation Oh teg nue.
tuations; that who have - sold SHORT VIII u9
unable to deliver unless they can depress the market ana
buv low aud order TO depress the market ana buI loM
hoy dispute the right OF tho Directors 10 ISSUE 0''
stoSl % 80. l...u..,. g., carving
passlnqers and freight, the fulhment OF It's cohtI@ct9
ana the payments OF It's debts are seriously 4heIAe
That the Elic Company has frequently beeh ana
tmbrassed for want Of money Ihat 70 aVoo t j ne pr
rcnt &nepses and that the road is wisely managed
That under color u dspuing ne ega& e maTet
value Of the stock and buy il cheap u 9rer 70 S
the stock which they have sold short btiuo 800,
gsIovcr ana inn Threaten TO hiring sus in combination
that il is their intention TO apply a PGf 70 o S
officers for iIjmctions restraining sla Vccls liVN man
hgug the business Of the company, go 9, -. 100, ,,,ot
holders reouire that tho other courts aud Judges Should
not be allowed TO interfere with the management Of the
affairs Of ne ne CG o15 dent a and knows how to
run the Ere Company, and has large wealth. -
q That the Board Of Directors will not institute any ae
zion TO protect rs officers In the control OF the business OF
the Company:
amount ornumbor Of shares OF capital stock authorized
to be by the Eric Railway Company fxedb law
and whether, IL 50 h1ed, any amoamy OF Dinr ~ ~
shares aud if any, what amount or nunOet OF sI,s %
and 70 whom the same were SO issued; and that in
Junction may issue restraining the COMMENCEMENT
prosecution OF any action or lrocecnnsS IounuTdd
upon any alleged issues OF stock ~ . ~
Company or lis oscers, in excess as aforesaid
and that this Court 90 protect said company osaHst to
orders from this Court from any other Court on e.
parC application or otherwise, when ssaI hIoti ~,
COMPANY it's Directors or Officers ia the due and proper
MANAGEMENT OF It's affairs; aud that the taa hWNduai
defenaenis otler lhah lIc Deoois W Si IN oar nsr
their Officers Agents and Attorneys ana an olueI Pl
sons may be enoined and restrained from adlshg IN
citing or aiding IN inc eonnenCSen va M Tor the
appointment of Receiver Of the moneys and funds or
any property Of said Company or taxing any HeasuSs
prevent the application o. ssa moneys OF ay Pn'
Many and i'm tie regular and orderly course OF its
nav me- apncitea by this Court win the powers Of
Receiver To take said moneys asd hold dlsDurse ana
apply The payment Of The obligations and indeDt
sdness OF said Company and the current and daily ex
pendiures Of said Company according to the resolutions
heretofore passed which hereafter be passed, by
the Board OF Directors OF said Company, or OF any Exec
ative Committee OF said Company who may nave apthor
u said Company, and that all parties desiring TO inst
ute proceedings of the nature described or calling IN
question, challenging the right OF said company 70
n fhp ,ffegp affeTzp
may be required 20 submit their claims 70 the decision OF
lis Court IN tins action and enjoned from any other
prosecution thereof, and that plaintiff may have such
uTther relief or such other relief In the premises may
Attorneys for Plaintiff
Here follows the usual verhcation by Charles McIn-
osh panf and an affidavit OF the same facts by James
% @ E.eS, 'a@ s5os1 g The Fl, R I've
sl IS 65 S Da Drew Unexpectedly called uPoa me- he ssii
e had come TO make clean s breast Of ~ ana 70
sIs aois 3oo5 .haSss 9'i BIN tS.t lses asI
&c eag'ea Ss q ' pS; "a tls s esSI T o AZ eI2ns
attack he said be ha beea Tie eaemys
amp aud AZ that he cared about look f'T number and i
aim has III disposition aud his nature vseerg iaai should
s ne. 9s h as he y. ou si is T ' s
ies those name he proeeeiags were to Instituted npca
rqng closely ofa whether the ea.e was iaen ap on m merits or
80 ori the torE psts1 he i. % BIN s to what TIE
e ts,d sri eslssi ,st should 90 big Gon SAYING
hat be sls tist il be could see Gould teHes position
d wo t NJ sho were 70 the ri9tHs ID NE 81, @ 70 cor
.had .hue position he t,a Pg ht1'e h With
% prc.ea :, he entire interview Jetseea Gould prev
st ST. bi,v le VIII me- ssd be- urged many upon
w. Gc1 ani mye to nuee m 10 Le hn Win regard TO TIE sock
sTrea to e more convertible bonds saying could
th ue hs n tt sgt vas 70 be brought h iho q
augast Hout that lie eli AZ meeting they had @ hight
you'll not he h be insisted remsaing
"a ' Y .s IIs oa's 70 I t ' e,e Syi
sstg ~ u Of ihs Tine b. Goa vas rot present adj ssa tod
NJ DTe hess eog1 = cone BE "a {o9 Ys1 iis sek up
ase amount o Mosey pr l9y atf q w. 1 49, sIes
d stock Tor 70 days and offered Ae I hlh rs three
ne use q lsdsys, saus Ss no' p19es iecsd Bis
s .n sy 'S S si rain ~ @ a t tes so s,e ie o
down az al hazards ard ai would agree ANYTHING vh BIN
soud bis asgit ~ 70 biz raei he said tnov
.ss but swear viii DO yoa al ls harm can 40 YOU fyu % 10,
s,lp ne in great ucea; said Yoa can loan
o you have tie power 20 issue Convertible boni ADD viii
ioa s ealas at sba pay for them ualsss you are
positively uneluiroy declined his proposition
each OCCASION Afr tatieg IN tbs strain for more than hour
ltheus coa tat rot s could e done be- a. about O'Clock
hOrdy morning said viii BID yeu good night" AID went
sTo'' before nc Mn . ,'S Gay q s s2,T S'I lo
On this complaint and affidavit judge Barnard granted
Srlgs - XSSYosS SrFnruE corRr- CHARLES Mcintosh p
~ IT, FIeist a fsre s. e. b Day, William 81 PN6 S Pi
sssen Daniels Miner Homer Ransaell JoI Hilton george
Thompson william b SIIsOse Geolg Der as Directors q
ssloTsr aud James X IHi NEUTRALITY-SUSPICIOUS. b. order
,, .sPe; MoS ,s f ' 5sss. yft we .1e'15' Of
somplsint duly verified iat sufficient grounds therefor exist
Belmont seben Seov and mn their and eseh Of SCENTS
sess and refrain ifo advising or aiding h the or prose-
ra,on Of seo proceeding fouped upon alleged ISSUES
Peos party are IN excess q he aHoap pg~Ger OF shares
from oots,9s cruz ron W o. aA once teui o. sn5 nde or
ce 81 W. q say SleI Sos On slsrs gPtghs o ether