Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1869-11-17
STATE OF OHIO VS.. JAY GOULD AND /
THE ERIE RAILWAY.
Prospects for 4 Warm lime.

" a. al !" lAhACs
From the Columbus Journal we learn
that on Tuesday Of last week, Gen. Geo.
B.. Wright, State Commissioner of Rail-
roads and Telegraphs, brought suit
against Jay Gould, President of the New
York & Erie Railroad Company, for his
failure to report the operations, &c, of
the line in Ohio.
The following is a copy Of the petition
filed with the Clerk Of the Court of Com
mon Pleas of franklin County:
The State of Ohio. plaintiff, rs. Jay
Gould. defendant. In the Court of Com
mon Pleas of franklin county, State OF
Ohio. Petition.
The plaintiff, the State OF OhiO, by WIN.
ii. West, Attorney General of said State,
complains of the defendant. jay Gould,
and shows against him the following
cause OF action :
/. On the first day OF September, \.
d.. 1863, and for more than eight months
next prior to said date, the said defend
ant, JAY Gould, was, and ever since that
time has been, and still is acting and le-
gal President of the New York and Erie
Railroad Company, a corporation created
by and organized under the laws of the
State Of New York.
=. On the said first day of September.
1869, and continually during the six
months next preceding said date, and
ever lnc that date, the said New York
and Erie Railroad Company bad and
still has III IFS possession and under its
control and management, and operating
the same, a certain line of said road in
the State Of Ohio, commonly known rs
the Atlantic and Great Western Rail-
road.
5. During all tine period last aforesaid.
the said Jay Gould was and still is the
President and officer in charge of the
said New York and Erie Railroad Com
pany, and as such was charged with the
duty Of making 10 the Commissioner OF
Railroads and TelegraphS of the said
State Of Ohio, an annual report for the
year endingo on the 30th day of June, and
to file the 5 me in the Office of the said
Commissioner by the lst day of Septem-
Der, 1863, as required bv the ninth sec
ton of IAN act to provide for the ap-
pOintment of a Commissioner of Rail
roads and Telegraphs, and TO prescribe
his duties as amended by another and
subsequent act passed by the General
Assembly of the State of Ohio. on the
18th day of May, 1865, showing the sew
eral matters respecting theicondition and
business of the said Atlan,c and Great
Western Railroad as in and by said
amended ninth section is required.
1. The said Jay Gould, as such Presi-
dent or otherwise, has not nor has any
other person or officer, made to the said
Commissioner the SAID report, or IN re-
port for the year ending on the Goth day
of June, 1869, touching the condition of
the said Atlantic and Great Western Rail
road, either rs required by said amended
ninth section or otherwise, although
more h seventy DAYS have elapsed
since the time for making and filing the
same has expired.
;. The said Commissioner has repeat
edly notified and requested the said JAY
Gould since the first day Of September.
1863, and before the commencement of
this action, to make and file the said re-
port, which he wiltuIly neglected N re-
fused to do or make.
By ean of all Of which the s1id jay
Gould, as such delinquent President and
officer in charge, has forfeited and be-
come liable to pay 10 the State of Ohio,
the sum of s. 900, as prescribed and pro-
vided in section ten Of the above entitled
act, he having wilful.y neglected and re-
fused to make and file the said report for
the period of seventy days last past.
Therefore, the plaintiff, the said State
of Ohio, asks judgment against the said
Jay Gould for s. 900.
w. II. WEsT, Atty Gen'l.
The State of Ohio, franklin County.
George Il. Wright being sworn, says
he is an officer of the State of Ohio, to-
wit The Commissioner of Railroads and
Telegraphs, that the matters set forth in
the foregoing petition are true that the
claim upon which this action is founded
is a Just claim and thatthe plaintiff ought
to recover thereon from the defendant
s.. 1000: that said claim arose in the man
ner set forth in the Oregoing petition.
which is here referred TO, and made part
of this affidavit, as fully as if repeated
herein.
Affiaut further states that the said Jay
Gould isa non resident of the State of
Ohio; that he is the wne of sundry
shares of the capital stock of the Cleve-
land and Pittsburgh Railroad Company,
as Sffiant has reason tn believe and does
believe. He also SAYS he has reason TO
believe and does believe that said Gould
owns or has an interest in a large mount
of the capital stock ofthe Niles and New
Lisbon Railway Company.
GEO. b. WRIGHT.
The proper summons in the case were
issued and forwarded TO the parties con-
cerned.