New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-12-28
THE COURTS.
THE ERIE WAR.

AINTIFF RAMSE1 Al Inn oOi INL'lL CON''-'
SPECIAL TERM, ON THE MOTION OF THE DE
PENDANTS TO vACATE THE ORDER GRANTED
Try JUDGE MURRAY SUSPENDING GOULD
FISK, LANE, AND OTHERS.
motion was made q few days ago In the
Erie case aside the orders OF judge Mui
raw suspendng Fisk, Gould, and Lane, with Daro MI
orv Of the Erie directors from their position ana Gu
iontn in the most stringent those directors ana
the Erie Railway Company from taking any steps 10 SCI
aside those orders. This motion was aIEueu ~ ~ 60
on bebalf OF the Erie Railway Company ana tne sus-
Dended directors and full report OF his remarks was
published in The Times Inc lono"4nA arc '"0 S
menus or AEGTmENT OF r. w PEcKHAM, JR
Mr. PgcKHN said: Court please the learned counsel wno as'
addressed your Honor m sbm IN almost The opening o 1 to is
marks said that The right Of an ohcal 70 Roa us o % we
right Of property b nay nave n y p NV FeiercS
COMPANY part q their personal iope5T o. s at
n o for the right exercised this time from the
Vine tieT Official night claimed to be 50 by
iunisd mos capital Of the Ee Railroad COMPANY for Their PER
I seems to be that these gentlemen been suspended
that Court f and careful deberau0n He complains that
tle have suspended upon pdrt application apd speaks o.
anomalous practice and as one almost ua5n9"a ne0 h
Ills illumination 10 legal matters hurst upon the VISION
learned .cIos Of he practice of awi 1t must certainly
upon them since these orders OF the ga OF o.
months before very counsel who has addressed You and bis
m Field o5tii0ed just such an order Ss ParS 1S c
a. I srrere between the order then obtained by
and he order Which they now complain the order OBJ
tanned by them only obtained they tins s. upon state
which we're wholly radically aud Outrageousy false In August last
iy W., nc oe Of an ELECTION ioI directors Of the i5ay
Su2.Es 5 h. e Impending Absolutely Mr. Ramsey Prss
dent from bis o' 1a e s p ps0ee5 bn that there
was anything wrong practice And this thing has beer done
Railroad Company has been party gsst aud these ss1 very Re
its counsel 0 1 has 9 Dssa.5 poR %n so Gt can be
ped opposed successfully the ground that II is an ooma IN
t, he gponnen Of RecrysT that power aP
T S discretion to be exercised the tribunal before whom
ne soa for snch appointment he made, aud be re-
viewed OF set aside unless gross abuse Of such discretion
o"p 70 have sSi;rd a; 70 ,es power 10 appoint b Sd
tins power the question whether it presented Tor ITS e
i etrsp IN cases gross abuse discretion. The
Court then las power and the question whether win DO
uceTe.s upon tae circumstances ~ eael p9slat A ~ 49,
quent the Character OF such pes
yrr defendants whenever be seized the effects Of
SGq conn A ''S u4 D where ORDERS gts &c
part for the appointment Of Receiver have been ,. as
as here uicnrv Smith Of Albau that the learned counsel NIr FIELD
1 he further 1 6S he bad 61sef struggled against bat without
@ then decided The question Of whether shall be
fa.ed oeeaa' u"a " ap5op sv Ssp II mater addressed
sound iu3cu secretion Of me tribunal 70 ~Som lo %
discretion such abuse this asei Is your Honor
pared say Murray granting tbs order for
Ecsrer ~ abused the discretion legally vested in him on the
had Justice Mur7 failed to make such a. Oiae ne would 9n
Ray been guilt Of as,eoH o G1 s sI Of his FeS os In
Court Of SPECIAL Term on the same papers MiH nqi
n'ei ,f bl T., be nisehievons and not to be en-.
courage. OF l b ie ann led with ness Here are pa.
pe presented Term Of this Court in the S1h Dstcti
asoa these granted think the face OF these papers
deberaion aud Because in Of such Importance
where such Lsa Interests are a. STAKE me Ss wiz mot Ds
special FERN win lightly such order knowing full we'll as be
M Sas,aSaSDoes the gentleman this matter Of
MT PSexu.v-I assert matter Of differences
srprars rom Tue apes @ 1 sn orsr ia,eyil,g or Win.
ou u careful aul mature examination Of Tue papers The papers
orders are granted by Special Term Of the Court such ercum
el We ,s Judge Of the same Court branch Of
S these oder, but viii deny such motion
parties t.r appeal 50 ta Tie matter aay come before nSa
o,syug "derely aid order" As this matter nov comes up 1t Is
Special ano,her from tribunal another
-h more. Court having additional
SIitr. y ~, ,in sa5op TO- those forelI pre-
SSyT Seond that Of the Court granting the orders IS
a. s have already cited that
Is NTH 1'e i S but vii esv the Ss to an aPPea to
high. p5 70 55 s from one ais 10 asosr sad upon
tn sane gpe passed qPVp y ts n , va a v'T b,t be Court bs,
ngi upon an pa application, suspend officers where shsI
si''e E',s Wy Syou Of section 5}fbe supreme Court
power of9sI from exercising his
0hgas, ban appear a't ne las abused DIS trust lacy
th statute in particular sufficient Why this Court
s., aside Special Term having the powers,
Term Thsrs Is every reason also Why the Cont should
power suspend an officer thus nmua u director against
nos suspended ud prevented O processing iurthe # such
su.pu6ed indeed danger There
take eject At once in order suspected oe conduc,
urer have il bs while the Investigation
is Ia yoe bis Official posoa 70 have TO ana 70
toe books 70 ensummate actions wheh no Court could
sr suspect. d he ca 59s1 e1z 'HS The question
Rers was nj, proper case regard to
ffN the merits u NOlrt NOT pass upon
question mOi the action Of another Special
Term, but will leave the parties as y finds them
deny the motions to- vaeaie, from which an ap
be i s great sse5 Of " b IN So 1 %'I % I sa
su6h important orders inpIoast nor aan careful s minute an
TrTh Court viii not alter or aeSie these orders upon The same
sane facts that Judge Murray, have, aud
saw must be- night therefore your orders FouhWe
that those oi were made upon aaas Shown proper cause
p,rt Te to tie following facts the complaint
compauyiug afiiauts: OIL,
paay on 1e Jh d Of Ja iooo we same Gay lA' 1 &
We claim ba. this which shall cite herein, facts
, set upop positive tes,mouy and from The sources therein
stated entitled to be considered IN this as true for The purposes
sppsa that consideration aud in part execution Of contract
ued TO tie eompani NJ EHdge resigned IS PRESIDENT
OF Enc RaN;{ COMPANY 90 sT E Dsy 1ty ny, s I
defendants Could three Of tue i've members Of
he accession Of these defendants Gould Fisk aud Lam.
direction the stock Of the Company was about
1ttat time the articles he Of the Com
panv provided quarterly Of The Board Of Direction which
bylaws ofhe Company provided for monthly meetings Of the
The bylaws provided 70, meeting; Of The Executive Commit
Co0 should be- subject to the ratification and approval Of the
DJ " eea 81 Gould and bis friends in August 1863 to octO.
ber MEETING Of tue Board Of Direction
oGoud &c. ia October but meeting Of the Board
called to rat eoniael aud lasting ply isg moIslt1 ~
issued and converted metiey into stock aud SSV0 Of stock