New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-12-24

,,d have said IN Mr. Justice Murray N before making
these orders he bad seen ut to give Us tho
W. say then in the first place that the palntn
right TO bring writ at all Inc i,s VI xaver other
than by saying that he Is creditor Oh tc md AL
Company Suppose man were nooey u mon m allegation
That he Is the owner and holder 81 part que c ~
money against and legally payable ny S 70 call for an
answer He does not say how muen - uuu ohe n ia
what cause nor when accrued mo nor What kind
of bonds or Tor what amount. or when payaDs Is Us
stated They may be- for aught ihas appeaS, batever
Rn I'M The MACE suppose the title of the plaintiff
well pleaded dehy The regularity or validity VI w
ordcts say ibey arc gular and invalid every ono VI
them First deny that an order Of suspes ~ t
made er marie AT an or upon notion LOT tue I' n
that the Revised Statutes do not provide that ~
made before TRIAL and Judgment Ihat S Chanc"Ior
Kent In the Utics Insurance C0mpanys case anvm,us
the Intervention OF Court OF Equity ~ quo conrt any
power Whatever to judge except upon the HEARING hem
the next phce II 1T Nere tHat nodc Which de-
fines and regulates all provisional remedies There are
no Others insist therefore not ohiy hs Ie aeo IL ma
authority ,0r sIspehsOu re pdre but thht tleiSis
sutborjiy Tor slsnenson upon motion even, uhul tIl
and Judgment BY provisional remedies we mean
Now let me pass from the question Of suspension to the
question q Receiversbip Recover, e. pare m"y
waking N the morning to find person IN PpSSeSteG
OF his property claiming to be kecsseri "p the
a. Hf"~ o'ptt be-. the sooner the Legislature
interviews the better But insist that y not te s sw
and neyeIhas been The next objection 10 theoe ouoS
is that thy are obtained upon hearsay. Wehre, noT
ever told that there two facts appearing oy ,is
complaint which are not on information ana Delle'
namely a there las been an excessive issue Of stock
and that there were sd no meetings ing 1851, Those are the
two facts which, the gentleman says arc not uP'A
That n SO Tiey are upon information and belief
Every thing the complaint except the aleged dooI "
the plaintiff upon information and Des .Vp . snst
the defendants tho plaintiff upon information ana PEI e
further suites" But suppose the two facts mentiope1
stock lis EVIDENCE Of misconduct Has not within the
last year te stock Of the Central Railroad been
from tweIty eight millions to fifty millions, and Is that
legal ress for suspending Vanderbilt and all bis asso
ciatesi lieu ms to the allegations that there were 40
W6at Here We're mott You are asked To remove
these mel from offices which they hold under eieGtOn OF
October 200 and four Of the persons suspended Oy tr
order nr were Directors until that election. and for
| aught weknOw, never heard OF the Erie RAILWAY 'onl
| many unit the day they were thiis chosen. You are
asked 10 uspend them upon allegation OF misconduct
in somebody else previous to that time was ever my
] thing mee pretosterOusi But even ~ 10 the three
ohefs-ioud Fisk and Lane. who were 10 oihce before
does ther present title date back beyond ast 0Jt3per
| deny would be reason for suspending Them from
'i ~ R'rd moi preyent reflection What right has
Ramsey 10 Interfere lie interoper He has bought
IN OF pretended to have bought ~ now rs s
since he become so since no has no rght 70 uter
! yene in his way. ,hi, % n-s.
|
| vent thcr re6lectOnf ..,,- ,,-,... $3.50 = ooo
they be aed 20 for transactions before OctoOer
1850 hnh the stockholders knew el the tlne OF re.
election and of course. approyedi These STOCKHOLDERS
xnress their confidence by reelection with scarce
dissentbg voc But Mr.. Ramsey comes IN ana sny ::
eyertnind the stockholders did not know what they
were albut" and (IamseyD who ran the Susquehahhi
Road Know great deal better what Tor the interest ui
rho sod holders OF the Enc Railway than they d hhu
turnineto the Court says 81 wish you TO dsfegrd the
dccs OF the by turning out OF once thoe
| whom Ihe stockholders put in suppose you were
t ~ nv these gentlemen and the stockholders we're 10
reflect theni what would you do thnni Can you make
an orr that the sOc khOders shall not vote Tor ben
The tria theory this you eau suspend OF remove ul
rsctor only for In Office during the term Tor
which ey re elected do not that II they bhve any
roptv In their hands for which they are bound 10 ac
| comm That you cannot make them give IL up on me
contr,y admit their liability to account Tor every un
lar and every act But that Is not the point mere on
cannot suspend or them from Offices To when
tey We elected except for acts done during the time
| for which they we're elected - -.-,-
| Tbl,is all need say by way OF reply The arguments
OF my associates the opening arc ln my nina uha
swerabe but win not repeat them The case aiter al
1, In marrow compass II you were applied to now and
had heard this argument, would you grant THESE three
| ca-. ~ you would You must still SET them aside
and let parties apply again because OF fregnrS n
.pplyn or ldrio And ask you 10 protect tue rshts
o thp cullen. the nights Of tho Company, tue rshls Oi
these directors by Vaoatng these improVdeht ordpr'