The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-10

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Fisk's Side Of the A6air-His Party Claims
the victory-The Latest from the Seat Of
War-Conaicting RepOrts-Seizure Of ROLL
ing Stock at BinGhamton, I'm the Fisk
Interest.
80 many conflicting accounts have been published
OF the railway war at Albany that the following In
telgbe narrative OF Fisks side OF all the various
suits and proceedings, from the fret step to the pre-
sent complicated state OF affairs, is not devoid OF
public interest. The history OF the litigation seems
to be as foIlowsThe object Of the tigants to OBJ
tain control OF the road at the coming annual cleo
ton In September. The books of transfer were
closed on Saturday, August Z, and the advantages
and disadvantages to each side are now
fully known, and James Fisk, Jr, and his
friends are in the ascendancy. The anti
Ramsey party are the owners OF ma
jority Of the valid stock. and they succeeded
in buying up by Injunction until after August (tho
day fixed for closing the booKs) the 5000 shares
issued in violation OF law as explained below. Thus
It Will be that the majority of the stock which
can be voted on Is held by J. Fisk. Jr.. and his
friends. The fret gun In the fight came from the
anti.Ramsey party, in the shape OF suit brought
by Joseph Bush, stakeholder, against the Albany
and Susquehanna Railroad Company, its president,
directors, David Groesbeck and others. who held
5000 shares OF stock, which was alleged TO have
been issued by the Ramsey party and sold at twenty
five cents on the dollar The law iorDidding any OF
the stock to be issued and sold for less than par the
suit was brought to prevent It's transfer The judg
ment prayed for In the suit Is as foows-
FHs-Tna, the of stock be de-
red and void and set asde and that the stock
De " 20 Ge holding ,a and each Of
election upon said stock Of IT. and from
Tasd-Tha the defendanls-he company and its directors
each be restrained by injunction from permitting
any vote to be cas-, upon any share OF SAID stock
This was replied to by suit No. 2, brought lin the
Ramsey INTEREST," IN the name OF the Town of Oneonta
against the Railroad Company. David Wilbur and
the Commissioners Of the Town, TO forbid the trans
fer OF 700 shares OF the stock OF the company owned
by the town. In this suit an injunction was OBJ
tanned from Judge J. NJ. Parker, Of Owego. Thomas
RAMSEY forces went to Owego and mad this injunc-
ton dissolved and this suit Is thus practically dead,
although not discontinued. While the leading counsel
OF the anti Ramsey partywas at Owego land not at
Albany, as many papers reported hlm) he sent TO
Albany the papers In suits Nos. aud A. Ine first OF
| these suits was brought III the name OF David Will
bur against the Railroad Company and Jos. II. RAM
| sey It's president. and W. L. NJ. Phelps, its trea-
| surer. The complaint In this suit was published IN
Suit No 4 was brought by David Wilbur as drec-
tor, for the removal OF Ramsey as president OF the
| upon him lorblddng him to act as president OF the
| road and similar injunction to that allowed IN suit
No. 3 above set forth was also issued and served.
The Ramsey party replied to these fresh assaults
| by suit No j, brought in the name OF the company
| against David Wilbur and other directors and Mr..
Phelps the treasurer. In this action 1t alleged
taat these directors had conspred To place the road
IN the hands Of Jay Could and his Isl friends; Mr.:
defendant for lear that he would obey the orders OF
the defendants. Inc plaintiff prayed for the re-
moyal OF these defendants, ands they were
enjoned from acting as directors OF the COM
pany or interfering in Its affairs. ana the trea-
| directions OF his co-defendants. This brought
| matters TO q deadlock. The president, vice.
enoined by party or the other, and the road
thus left 10 manage itself. Mr.. sherman, counsel
for the anti Ramsey party took prompt advantage
| No. IN the name Of AFRO Chase, stakeholder,
against the company its president treasurer, dlrec
| tors and superintendent This complaint set forth
the foregoing facts alleged that the affairs OF the
company were all tied up by these various proceed
ngs and injunctions, so that no one could operate
| the road sign checks or do any business whatever
| and that the property OF the company was thus
being impaired IN value and the stock OF the plain.
| TIN rendered worthless receiver prayed for,
| and Charles Courier and James Fisk Jr, were duly
appointed receivers OF all the property OF the COM
| pany with power to run the road The order APP
| pointing these receivers was made triday-an im-
porant advantage to the anti Ramsey party their
opponents aid not get their receiver untl the next
morning Sunday. although early in the field,
| at nine A. NJ, with Robert II. Pruyn appointed
cever in suit No. Z, brought by the Ramsey party.
| tendent, against the company. TIE anti-Ramsey
| party here obtained another decided advantage
| from the mistake made by their opponents In bring
ing their suit in The name OF the superintendent,
there being power under the statute to bring such
| a suit In following this move OF Mr.. snearman
| upon the legal chessboard they were, as they had
| been all along. just one move too late. The order
| appointing Fisk and Courier receivers dated
| Friday. and took eject from the moment 1t was
signed-this being the law IN the First Judicial dis
tric where the order was obtained but IN no other
part OF the State. In Albany, where Mr.. Pruyn was
| appointed receiver, the order could not though
possibly signed before be operative TN the opening
OF the Special Term OF the Supreme Court on Satur-
| day morning, at nine O'Clock.
| Armed only with his order OF appointment as re-
James 1 ~ o efh Ss ONCE ann Um
| OF the company He was forcibly elected from the
oifice but got in peaceaby before nine O'Clock. II
1 hour when the order appointing Pruyn rece =
could first have any legal effect. AT that hour I'VE
| produced and presented to Mr.. Fisk his ordo rruy
| pointment and demanded possession und' II or ap
Fisk refused, Of course, and m.etse fol- + It, Nj
| has been already published. There Jwed. whic
Ta s nat SG
due tune which is in legal posse Il have TO decide II
accompanied by but SIX pers ,ssion: Mr.. Fisk wa
]. W. Sterllng Junior pa Judge A; j. Parker ant
Mr.. Pruyn had with hi .tner Of Field shearman)
$50 men to back hin a some ten lawyers and about
York Mr.. Shes q affairs being teegrapned to New
Which az ,spemental complaint to suit No. o' = II, N
| whole Injunction was obtained againt Pruyn the
forr Albany police and all The railroad employees
| tldding them to interfere with tue receiver,
sfsk Wrlts OF assistance were also issued to All cha
I soeufs along the line OF the road. commanding
them TO enforce the order of the and 10 ASSIST
Mr. FISK IN the discharge Of MS duties. The writ ia
Ate kno vn and rarely used, except the last ex-
= tremity; but Is very potent and equivalent to
| giving The s'uerin power and commanding him TO
call upon the whole county as posse comttot,ts r
! need be- 20 en- '0rce the writ. Sunday brought A
truce. Both part 'es agreed to rest their arms t
nine O'Clock Monda morning, each receiver leaving
apersonal representa- Eve In the Office.
snit No. was brought by the Ramsey party, in
wnlch the company and v Lnan A. KIce, director.
anti Ramsey suit, No. ana injunction similar to
that above set forth served upon the receivers
Courier and Fisk. On the mot 'On TO punish Mr.