New-York tribune., 1868-06-25
THE GREAT ERIE VAR.

No litigation involving the interests of lall-
way companies ever brought 10 public attention
which created 80 much excitement as the celebrated
erie war; with the particulars Of which the journals Of
thi, city were % short time since filled resume oi the
history of this capse cecre may not be unmeicsiine
now that It has been satisfactorily settled aud the CON
nict between the Railway Kings las ceased 1he name
Mr. Daniel Drew Of The Ei'c Railway ' known an ohn W
Tho country i'm connection with this legal battle, nut
although the gentleman everywhere admitted TO be the
real party Of the second part IN this interesting con-
trovcrsy il Commodore Cornelius NandcibI' hi9 hahe
does not appear In any Of the published i"ceeE oi
the contest which ragged IN the Courts 80 long anu ~ %
on the 81 Of October 1861, the nnnui election for Drcc
,, f to Eri Railway Company was held iH Ncw-lork
M D,uic Draw Ws not tutH elected one OF that body
according aoaNit made br one oi the Board; hut
at It's first subsequent meeting, Mr. Underwood one oi
the number resigned aud the Board thccupon elected
Mr. Drew 10 il the taclrcJ and also conferred on hl
the mc the ulco ~ Treasurer oI thc Oig'lhLa
tiOn, both Of which positions lac was occupy g Mh, ,hn
Initiative IN ibis celebrated war was taken lhS hlSi S,,p
IN tins litigation was on the l'lh ol itpu'S loo, WIZ.
Attorney General Champldln, on hchdlI oi uc itoll''
ami Charles A. Rapai"' esq oi cpuli''i '1lvt,,u ~
cccdhgs ~ the supreme OuI u'l1Ir ~ i i, a. ~,
Barnard Justice, praying fo au order removing MI Drew
from the directory The Eur Railway Company, ana en-
Joining hin from dci ~ thrItill'I a. tl' "
that corporation The petitioner ~ thiH case
was Nj Frank Wore one oi ihg BolTH M nr, nI pr'S i'
guilty misconduct and had abused BIZ "hcal
aud control oI $500 shares Of Eue stock Wy irau" ana
that hc was working iu the Interest ol llc buiho bIu'
ford ana Pittsburgh Itioad hy chcciing a exchange
Of 100000 worth ~ that cOmpuye Stock Tor $40, "l
The Eito Railway Company Judge BARNARD after h'at-
NJ nv Sr h, finriiop. ns Director and Treasurer,
aud appointed tlc 2,l o February for The hearing 81 a.
made pcrn,anent Mr Work had previously sent To thc
Executive Committee ot t' Erl. lt"li ""b 'un,S "u9
Northern Indiana Railroad Company. - protest against
Man flo had been r, posed by the Erie Drecu.- t0
construct Wllc-gaute railroad from Akron 30 lu"o, n
the latter mentioned companies MoHlh lay tH'ld ltl
ron Tord" 10 CIcagn thus making continuous wide
gauge routr from Akron 90 Toledo. 100 the interest. he
conerdcu OF the Michigan southern ana North
crn Indiana Company at the expense Of The
Fri (prID
motion To argue the injunction came up before
Judcc Barnard but argument adjourned tO Wrdnes.
day March 3. Meantime appeal Wis made 10 the Cen
cral Term 20 aside Judge Barnard order and denied
Fcb - on the 9TH Of March Justice Bnlcom of The lfh
Judicial District NrnUmr County, on petition oi tht Lne
Railway Co aud Jane, FISK, jr a-i Daniel Drew, Frank
T6 Pcop ~ The Stte Of Sew Yot granted au order
restraining Frank work and the Attorney General from
further prosecution Of thc su instituted on Works com.
paint and ordered that work show ctu-e al term "t
the Supreme Court, to hc held ut '3r9ndyc Coftand
pcnded from Ills oiIice ~ Director Of the Erie Railway
Ridnnad {schSn Hiochoidcr Of the Ee CO.. Instituted
suit against Inc Enc Company Daniel Prev 81 al. a.
icsns in .,oIs s; c9%r' Ele t! RsE sccs ana ana
nrayinr the CONT Judge Barnard That the injunction
granted 10y judge Balloon be Dissolved judge bnrmrd
granted tii, notion temporary I'.s",InS U.s. thS lnno
cauc wv this dissolution should not be- made perpetual
This order frtGcr prohibits aud cnoins the Board Of
birect"r and thc Executive Committee ~ the Erlc Rail
wav Company 10m dOug on permitting ann net rhereby
xxx d ~, ne Tands of Iond fde holders saR BE-
isy,,eJ or rcaied ar ,rtceby me NUMBER o. shes ~
fap.a S,' cJ stV h. e,reyd fo eaDoI s,oc of lie
Company: whcrcby aHy coHrefH~e OgN"s or Gg OO"ds
contract with any other railroad company, or leasing
any road stock, or property from any other company
icr,l cxpcuscs costs or counsel fees the action
brought by the Erie Railway Company and FISK. Jr"
This Injunction order was served upon MI Drew ana the
other directors the evening Of the ON aud the alleged
violation Of aud spccallyUi mat portion winch shboEe
complex litigation which subsequently, followed On the
18th Of March Mr. Drew put ~ before jude Barnard his
replication 70 the allegations contained III lhc petition Tor
lis removal as director and treasurer, denying that hc
"cXrrted undue controlling influence ~ the ENcCu
tive Committee or Board oi directors o te Etl EWhy
Company, and that he caused any portion oi the policy
be adopted any one of the measures OF any pf Ot
the action to be proposed OF akel Mhch " Inlueu' 10
him or made the subject Of complaint IN lhe petition
As 10 the allegation relative To the Buffalo, bradford aud
Pittsburgh Railroad Company, ne says lhat VA. s'N,
road with the Erie road a about 90 miles west OF
Duukrk that IL leads into the most Nalhdbc bunlnous
coal hcds OF PcnnsyNmai hhNns tnG lgnt 10 sSleia, ~
short branch roads into different coal sroOhs tHt II
great importance 10 the Erie road TO control this
roads, which they must otherwise Obtain sup
ply Of coal for the Of their road on It's western por
pQnH The replication cQHtalnedj also general denial
Of all the allegations contained IN tho colnplant The
argument in the case was adjourned to saturday March
it is alleged that notwithstanding the injunction order
issued by Judge Barnard on the sth OF March ioDddng
issue OF extra stock Mr. Drew and the directors OF the
Road did make such issue 20 the amount Of sew
eral millions OF dollars. and Mr. Drew, notwithstanding
said order OF the Court continued 10 act director and
of the Company In order that he might escape
ever company with Mr. Fisk. Mr. Could aud others
Of the Board Of Directors made his way to Jersey CITY
on Thursday the I2th March. and the party took up
their quarters at Tayors Hotel In that place taking
with them thither the bonds books ana other property
the Company and made preparations for transactng
the COmpay business at the hotel Orders were semitic
the different departments Of the road, notifying them
that the New-York Office closed and the subordi
mates called at the hotel to receive instructions COurers
were dispatched TO NewYOrk and 10 the depot at the
Long Dock and kilograms forwarded the principal
stations along the line, announcing the new turn OF a.
fairs Preparations made on the part Of Drcw 4
HEADQUARTERS
the Vanderbilt interest Telentcd, or the exiles' in
Jersey were starved ont OF their encampment Mean
while Mr.. Alexander S Dyon. the Directors. had
been arrested, March 2 in NewYork for contempt the
allegation being that he signed certificates OF new stock
10 the amount OF siOOOOO In violation OF the injunction
issued by Judge Barnard in the suit Of Richard Ssche
He was brought before Judge BARNARD and held 90 bail
to the 2lst for the alleged contempt state
ments were now ever and anon put forth by the Drew
party jnsufyng the steps they had taken Mr. Fisk, IN
OF these said that the issue Of stock
say in order TO lay the track OF the Erie Road with steel
rails as the road was saay III want OF repair ana To pay
off the indebtedness Of the Company The Company had
determined also build the road from Akron to Toledo
and with the consent OF the Michigan Southern Directors
90 lay the rail from Toledo Chicago But there
serious difficulty IN the way The Erie treasury
was empty, and the road already owed Mr. Drew $1,000
900. This was In the Winter time, when business
S0O worth OF stock, ara throw 1t on the marke-this
money TO be used to on the pressing Indebtedness of
Toledo and TO lay the extra rail 20 Chicago
The Directors went TO Jersey City he said because they
the New-YOrk Judicial district. The opposite party
claimed that the new issue Of stock was illegal They
IT, no ayerred they instituted criminal proceedings Mr.
Fisk said also, that the Judge under the influence OF
the opposite party, and that they DREW Coz could
get Justice. Mr. Drews opponent would have taken him
by the neck and said Fork that ssOOOOO go
Jail In which the Company would have been down
It's knees and the Erie road would have passed into the
hands Of monopoly" The real cause OF all the trouble,
he said, was that certain gentleman (VanderbiD had
secretly purchased t6OO000 worth OF Erie stock for
the purpose OF getting control OF the road and the
extra issue Of ts,OOooOo OF stock worried him hence
the litigation In which they had become involved.
of the Erie Railway Company for their dsobedience Of
the injunction in the case OF schelissung stock
agaip came up befqg9 tie supreWe Court Judge Bar.