New-York tribune., 1868-02-20

making Ia all 1000 shares of the capital stock OF to d
yered To the said Daniel Drew under and In pursuance
Of the said agreement 1900 Of which shares srs poM Scr
cent That said stock deyerd TO said Drew by sa
Directors aud officers Of said Company without akdGG
stock or bonds or for ther value. Sepenu Ana
petitioners further segs shst tns sa o%nany
was Interested with said Daniel Drew in his said oef
tiou OF making said advance On said SSOc0 Of conve
lille bonds and In profits resulting FROM the OF me
stock into which said bonds were converted, aud tna'
said Daniel Drew corrupy gave 70 the said Robert sn a. "a
cilitaing the delivery OF sad stock to him. said Drew
the issue Of ssd 30 200 shares OF stock to the said Dan
el Drew in lieu Of the sad convertible bonds, and the
OF said stock on the market by s;ld Daniel Drew
as hereinafter set firth, the Directors OF said Com
any IN their annual M report d sne stekpasrs ~ S y,
(which report wac printed published. aud circulated ny
said Company suppressed the Tact OF me Se , Oh ssI
stock Of said Company aud preferred to he on
the sis of Decenber 1906 aud that he changes
n the capital stock since December 81 1865, cOnsiIed ~
the Issue Of S0 Of additional stock when Was Issued IN
pursuance Of said two Special Acts q the Legsatnre
whereas in TRUTH and In fact. by the un.aSiul Issue
OF the SAID 1900 shares 10 the said Daniel Drew
the capital stock Of ssid s%hlp COMPANY isco hae nn
lawfully increased, or pretended 10 oe increase1, W
sSoolslO aud such increase during De ysar nd nesn m
neuton whatever Of the dealings with sad Dael D,e%,
herenbetore ret forth or OF the aensey 10 % q Sa S9
the Directors Of said Company In their annual Ire re. c1
tn the " klOlnPrr
day Of September 1857 (Which last mentioned repor,
was printed, published. and circulated by authority Oi
said Directory wholly suppressed the fact OF the Issue o
6sOO shares and stated the whole amount Of the capital
stock Of sud Company, common ana preferred, on
the SOth day OF September, 1861 TO bo s25OOlo Ina,
the said Daniel Drew from time to tme dspOsed VI ANA
used said shares ~ said stock ia making his deliver
les Of stock ia 20 s SnS Of sfocE being sud-
denly thrown upon the market greatly dePreeated tte
the great damage of stockholders thereof aud 20 the
great advantage and profit OF the said Danlel prev
Eighth: And your petitioners further show, tnat OF tne
said SO shares Of stock issued TO the said Daniel
Drew 56W0 shares still outstanding and the sad
That has only sold and parted with the stock 20
received by him from said company, but has recently
stock Of said company. aud Is largely short OF @ tne
stock OF said company aud that snid Daniel Drew mas
his interest depress the market value OF the stock OF
said company. aud IN which his. his personal p, eid
company aud under the faithful performance Of his duties
s one Of tire Directors Of said Company ana that he
the stock Of said Company for immediate profit
Ninth And your petitioners further nlrge mat the snn
shares OF stock 80 obtained the said Company that
has realized therefrom profits to an amount equal TO-
restore @ said stock 70 said Company. yet colU he
pany and continues 10 avail himself thereof In
furtherance OF his said operations. Tenn; Ana
ibst tbe said Company had no legal power or au.
thOry to the $1,000 shares or stock when were
$4,000 OF bond. all of which well known to said
Drew at time Of receiving said stock Yet the saa
Of sad Company procured said stock TO be issued TO
himself and transferred and put the same upon inc mar
ket and mingled the with the valid stock OF said
Company 10 such extent that IL Is now inpracticaDe
10 separate or identify tho same. and the SAID Com,
stock Aud your petitioners further claim and INSIST
as TO the 5000 other shares Of stock delivered 70
Directors OF said Company had no right or power Issue
the same TO said Daniel Drew. as hereinbetore e
a..
specified in the sad Act OF May 1884, and that In eans
g the same he issued TO him. aud putting the same
lei Drew violated his duty Of the Directors OF said
Company. And your petitioners further aIege, thIs AZ
The annual election OF Directors Of the shld lac o
Railroad Company, appointed, according 70 the
BYLAWS Of said Company, to ee held ia at the
ON the u third day o. October 1851 The said Daniel
Drew not elected one Of the directors OF s2id
Conpany but Mt the meeting OF the Board OF Dl
elected that day one OF said directors
his office. aud The vacancy thus ereated ~As my
Drew MI such vncanoy, and he was thereupon elected
OF -la SSpsny Inc As ssid pupp proW and his
Co Directors said Company heribeforo set fOf,n'
whereby said Dani Drew obtained M s m i1oh % ms y; 90 he
capital stock Of said Company Tor MS own plohh'
aud adysniass cNn.,nx SSda Sd breach Of tTnst
ON the part Of snid brew and his CoDreetors, ana ana
or right to the Of the said shares That said
Drew is therefore, bound to restore 70 sad Company
forthwith the shares Of stock No unhwny oDtald ",
and delivered to him. or equal amount OF stock OF sad
Company and to account to said Company i4r az prons
made by his dealings with said stock ana tnsa .ne s
Daniel DREW. In withholding from sald COMPANY the
shares frauduley obtained and using We saue ior
speculative purposes s guilty OF an abuse on MS 1s, w.
aud of gOss misconduct, aud uslns poItSn % o, I to
dice Of the other stockholders Of the saia Sonpahy
Eieren And your petitioners further AneEe ,ha, III VI
Director Of the Ene Railway COMPANY wa; .OEs.ne,
with other directors OF said Company OF
Lnown Hs the Bnfnlo Bradford and Pittsburgh Railroad
Company. the railroad Of which COMPANY Mas nsVln. IN
influence aud power IA one the Directors OF the Enc
Railway Company, he prevented contract 10 DE ene.ea
opcrntor by the Erie Railway Company Of the sad ra
road Of the Buffalo. Bradford, aud Pltsburgh Railroad
favorable 10 the lastnamed Company aud under
which contract the railroad of the LAstha,nea n',
many from the year 1865 or thereabOut 10 the present
imc That recently and since the lst OF January eos
power as one OF the Directors of the Erie Railway Com
pauy, and AS "a member Of the Executive Committeo
Railway Company In behalf Of said Company, to take
from him and Of bis associates SURRENDER OF .ne
cnpIt stock Of the said the Buffalo, Bradford and Pitts
burgh Railroad Company aud 10 ssne IN exchange there
fnr like additional amount Of the stock OF the said the
theeabous bch stock issued TO said Daniel Drew
and Of the former Directors OF the Erie RahHay
C,1npany And your petitioners charge that the said
Daniel Drew procured said exchange OF stock TO be mado
with the view Of selling or Transferring the stock Of ne
change and thereby defeating or impeding any action
which might be taken on behalf OF the Ere Raiiway
Company or is stockholders for the annulment OF the
saId contract between said Company and the Buffalo.
Bradford aud Pittsburgh Railroad Company and also
for the purpose Of obtaining additional stock Of the Enc
Railway Company to throw upon the market aud a1 him
in his efforts 20 deprecate the market value OF sad soek
And your petitioners further show that said exchange
OF stocks was made privately, and without Bny special
resolution OF the Board Of Directors Of the Erie Railway
company and without the knowledge OF some Of said Di
recor and that claimed "a be sutbot lied by gen
er resolution OF Board of Directors Of the Erie Rail
way Company passed the year 1857 authorizing the
officers Of sad Company 10 avail themselves Of the pro
visions Of the act Of the Legislature passed April s. 1891
entitled Gan act In relation to railroads held under lease
Aud your petitioners further show that the said Daniel
Drew Cancelled the fact OF such exchange
after the hal made and that after he had re
ceived large amount OF the stock OF the Erie Railway
Company issued such exchange, aud while he had the
his possession Of the creditorso Vt SAID Drew IN