New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-03-24
THE COURTS.


THE UNION PACIFIC RAILROAD IMBhs'GLlo
The People ex rel James Fisk, jr., aSt. Ihnna'
c. Durant This case came up again. IN the supreme
Court, before Judge Barnard, and Mr. Barlow read let
ter from Mr. Durant to Mr.. Ham in ewJersey, calling
him for the combination which would unlock the safe
Mr. Barlow stated that this had been sent to Mr. Ham,
and answer received from Mr.. Ham. which he had
read setting forth that Mr. Ham expected to be in town
Mr.. Durant was placed the stand and testified the
thing and that he had given Other message than
the letter. and neither knew supposed that any other
message had been sent to Mr.. Ham. bir. Field then
asked that an adjournment be taken to satur-
day. Mr.. MacFarlan opposed the motion. He
thought ne could show the Court that the proceed
ing must be dismissed. and the Court could not
possibly proceed farther Mr. Field asked IL any notice
of this had been given. Mr. MacFaran said that none
necessary He was going to discuss the question
OF dsmssng the proceeding when Mr.. Field again in
seteu thdt tho ussion MAS enuIey V q
ton for adjournment After some further discussion;
Judge Barnard held Mr.. MaeFarlan's motion TO be OF
the nature OF motion TO dismiss which could hardly be
made until the plaintiff had concluded his case and there
fore could be entertained The then
adjourned 10 Saturday next, at u m.
THE UNION PACIFIC RAILROAD COMPANY AND
CREDIT MoBILIER SUIT TRANSFERRED TO
THE UNITED STATES COURTS.
James Fisk, ir, agt. the Union Pacific Rail
road Company, the Credit Mobilier OF America, Nc Al
the instance and on the petition of the defendants IN this
case who IN their application rected all that has hth
erto been done in this case in the state courts alter
native mandamus has been granted by Judge Bachford
which u.s. in substance, follows
The Psp Gc Justices the Supreme Court Of New York
United states &c. on behalf Crion Railroad Company
hii spsa Term Of the supreme Court Of se IN p sun
Company defendants order entered DENYING It's petition to
COMPANY was corporation organized under The laws Of Uuie
States that is petition alleged the facts emitting to removal and
with presented the proper security the writ continues
whersupon said Circuit Court being willing that justice
the Of
petitioner. and Of the said corporation and that do ALLOW the said
Uasd states for be southern District SsvYork and you do
@ Won %ss i5os5 to The Circuit Court Of the United states be-
fore the JUDGES thereof the Cont Rooms Of the sad Court on The
have ysu theu and there copies o. all @
,d by 'h: SAID so'?ao9 s @ % aTS a1S 1si VIM
-7-,- a NHw COMPLAINT AND NEW INJUNCTION
Mr Fsk has fled second sppplemeitaadd
has informed OF tho following facts That some OF
the defendants resisted tine service OF te previous 10
coed 10 hold election that the defendants have applied
10 Congress 10 eeaze their action aud 10 Dust this State
OF its jurisdiction them; that the Credit Mober has
spent its assets. and has no property In the state that
the defendants pretend that the entire capital OF the
Union Pacific Railroad Company, and lts first mortgage
bonds and the bonds received by II from the United
States have been expended on the road. and that IT
has property within the State except bonds pledged
collateral for loans that these prctenses are false
and attempt 10 conceal the assets Of the Company
now set up that only 2l7 miles built under contract
with the Credit Mober aud the rest OF the road was
built under contracts with Cakes Amcs and j. w. DAVIS,
hut that II tins be the fact all the contracts fraudu
lent and the Directors Of the Company we're Interested
therein and the contracts In fact made by themselves
with themselves for their benefit that the profits OF
such contracts have been divided among the Directors
and some Of the stockholders that the books OF the
Companies would show these facts but that the Directors
OF the Companies have conspred to prevent the plaintiff
having access them. The plaintiff then pys for addi-
tona relief and new injunction beyond those already
The following affidavit was also offered in support OF
Te sl"ii Of Inward Rogu set, forth that he managing ceri
Eed
oopy the complaint TO BY the panif asnt Henry
july term pending Court Of the State Of
yssS saa ,oP .g cs aS 90 nov s5 49, tS
tns Of making sa complaint Director Of the Union Paehe Rs
Of the Crst obsr the sixth paragraph ofsih
pH follows The UDion rAeee Railroad Company corpora
i.se "' crave. leave refer credits privilege powers
been bestowed upon said railroad BY Congress. the cad that
construct sad opers lne o. rsIo,a 500 Telegraph from
road coming the Pacific Coast The Credit MobieT Of Amer
us, bs whole Of the woIk gp TO this tine done b OF
for said ,ig' 09Tl I s.,S Cs,uv b sSaH f 10 psV
Mo,r compensation large enough to make be
hssr sss b-sa ' % dy, among he Shareholder
,.ns q Usou fae S'Io'a eonp,ny so'i sSa e'I I'm
oreGf MsSlsr pad IN, $50 per e,eh share Of 500
believes 70 at les, go esH ofs capital 'nd re Ad
80 In bs L5,ius y tbs Cpny The capital Of the said CIei NO
.rte where value is hnowh for " least 500 yer shave Of
This afdaNif was sworn 10 mafCn j. 1901 Upon
junction the following Injunction was granted: c.
The Uuan Paciae Railroad
~ oherAlt satisfactorily
to roe by the idsyi Edvnd Eng b. toe supplemental
plaini l daily yeiei by the plaintiff that .ahcisn gonnd for
ianroa sIi do hereby defendants The Union Pacific
Railroad other defendants refain from from the
DATED states bond, Of land and from issuing mort
gage bonds land rrasi bonds And Do farther orr that the said
Union Pacific Railroad COmpny the Credit Mobisr Of America and
all e oaer this ieol their Oe aseats and servants
refrain fo from the Offices
where books ADD papers the said two companies
~
said second supplemental sbt Of sue books
or paper, preventing binding The plaintiff from examining
the sail papers them until the nTther order Of this
Of dsobdncs this order will be liable 60 tue
puhmen therefor prescribed by AEDaed kewiork March o.
100 GEoHGE &. BARNARD, justice supreme Oourh