New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-11-26
THE ERIE RAILROAD.


TON ON AN INJUNCTION.
SUPREME CooRr-sPE0IAL TERN.-Before Nh. JUSTICE
BARNARD.
The Erie Railscay agt. Joseph III. RavseAj jobs
Doe, Richard Roe, Dorntan b 6ator, Henry A. Tstleys
ard ohersA suis has been commenced IN tho %
the Erie Railway Company against the plaintiff In ts,
suit published yesterday and his attorneys and aganss
certain parties unknown in which All the defendsats IN
the elder suit. except the Erie Railway Company, ss
made dsfendants In Tine suite injunction has ben
obtained which, II sustained In eject paralysis the su
Of Mr. Ramsey. The complaint 10 "a follows The pAn-
hR aegesI That the plaintiff is Corporation crcass
BY the laws Of the State Of EewYsk for the purpose q
building ana operating railway IN ths and otherstatea
and for other purposes. That the plaintiff has nsw
under It's control several hundred miles Of railway uFsx
which very large amount OF business is done. and
receipts and expenditures each TO bet enc
and two million dollars per oath; but such reseps
and payments distributed through every day ana ~
the payments due upon any single day should be sos-
pended the plaintiffs oredit would be seriously
and any prolonged delay making such payments vscla
result the total disorg of the aairs
and prevent It's business from being carried on Thss
the affairs Of the plaintiff managed prHclp ally By o
Board of Directors, seventeen IN number which, how
ever, meets emily month, and has provided By 10
bylaws that s powers shall be exercised during the b.
tervals betweenits meetings, by An Executive OommS
tee consisting Of five directors whose at prus
ent time Jay Gould, James Flax. jr Frederick A.
Lane, WIN. M Tweed. ana Apram 6Culd a. Tnat sub-
fect to the direction OF the said board and executive
committee. the affairs of the plaintiff managed sy
President, Vice President, Treasurer, Controller, sad
Counselor and that without the sanction Of or mere
OF these officers, person be employed IN any oa2a
city In the service Of the plaintiff attorney counsel
can appear behalf Of the plaintiff, ana no money
be paid out Of the plaintiffs treasury unless special
oluton authorizing sach employment, appearance. %
payment be passed by said board OF directors
cuve committee, and sach resolution has ever beea
ssth day II Nov. 1859. an action was cOmneaeed
in tho name OF one Joseph Fl. Ransy agaiaSt
summons and complaint upon the eecreiary In which
papers Jay Gould. James Fisk jr. Frederick A, LAee
Smith. Charles G. ssson, Henry H. Martin. and James n
Bach were also named defendants and at the SANE
parportins to be certified by W. Grant Clerk Of Della
ware County but in fact not 50 certified me presenaa
by John Hayes. clerk In tho employ u inc deiesd
pirport 10 suspend nom the exercise ofheir Offices both
directors and officers OF the Erie Railway Company,
OF this PLAINTIFF the said Fisk, who is It's yINePresdeut
and Controller the said Lane. who It's counselor no
rSe;ors of thus plaintiff, and the said smith, who wa
elected such Director IN October 1862 but who pas saes
servants OF this plaintiff FROM recognizing the aHhor
OF She persons suspended from authorizing or eonsr
s 1 sSs Sa By the Of o. this %
t and from doing many other ats therein secned SIC
the said pretended orders further pupOt 10 restrain te
persons above named from exercising Their tuhetIons
directors and officers Aforesaid and 70 forbid many oo
acts. some Of which are essential TO the proer
Of the plaintiffs business T. That the san, pretehnea
orders valid and literally obeyed, tie est<e
business of this plaintiff brought to stand. tbs
salaries of It's officers and servants and s current oOHx
tons could not be paid or satisfied and ts NS
be speedily broken up, thereby causing to loss of
many million dollars. That the saId Ramsey mas zen
for long time past engaged in legal controversies WIN
the sd Jay Gould aud James Fisk r aud some OF tsef
personal friends, and the plantf Is informed ana Do
leves hs has long entertained feelings OF bitter reset
ment toward the said Gould and Fax. and has brous
the sa SUIT for the purpose OF beng ,evsngea Zen
the other controversies between him aud tho in tse-r
Individual capacity. T. That the deendants, Dorman
Eaton aud Henry A. Taller are the attorneys Tor US
said Ramsey the said suit against this pialnuu
aud the other persons aforesaid aud as the planta
Informed aud believes the same Ramsey Eaton ansr
have entered into collision with one John Doe wheee
name known to tho paiutif, ana whom they have
induced appear In tho said action as attorney TOT me
plaintiff therein. 10 That this plaintiff nmsdtttsty
after the service Of the said summons and cSmpai
upon its Secretary employed tile law firm Of Field
Shearman ts sole attorneys la said snt aud The ssd
nrm the planln "a Informed and believes upoa TAG
same day served a notice Of appearance on tbs said
Eaton attorney for the plaintiff wheh the SAID Eatsn
stated that attorney had already appeared foS
the Ere Railway Company, and said he woald rot &C.
cept service OF tae said notice for the pantn l'Inat
as the plaintiff Is Informed aud believes, ne
raId John Doe Is attorney aud counsellor az
this Court ad has served upon the said LaiOn ard
Taller notice Of appearance behalf of this plain
In the sad action. regular IN FORM though entirely ua
authorized. cOusive, and fraudulent In fact and soch
service nsde aud accepted With intent 10 dcfsra
this plaintiff and prevent il from contrasting the sad
action u. That "a the plaintiff II Informed and believes
the said Eaton 0ndg1aier acting under The directou Of
said Ramsey, have drawn order for the appointments
OF Richard Roe, whose real naue Ia nnknown 60 this
plsnJn receiver OF the property OF tins plaintiff ard
have procured the said John Doe to consent ia the nss
OF this plaintiff TO the appointments OF such receiver
hsre 60 DO entirely unauhori1ed by THIS plaintiff colo
aud fraudulent Is That n the SAID receiver were
single day his commissions would amount very largo
| sum of money, which this plaintiff would probably
bo thrown into confusion. It's credit wond be greatly In
paired. &c would m mary ways be pat t. enormous Sx
pcse. and sustain damages 10 an extent lar Oeyoha the
ability OF said Ramsey bis sureties TO pay. Il
That by Of the said fraudulent aud oolsvs sp
nearanca unauthorized attorney Ia the said SAT-
this plaintiff may have no power 10 move therein for re-
lief against the said orders, until after the rad
lied appearance has been set aside proceeding whcs
would necessarily Involve considerable delay, durihs
| which this plainta would suffer immense damage, an
alternative WHICH this plaintiff submits 1t 10 me- bound -
aeSept IN. ,,o,rtr damord. INDIGNANT. rss,
all the proceedings papers aud orders In the said acboa
Wherein Joseph IL. Ramsey plaintiff, and sbe Erie hs
way Company. jay OOuld. aud others, are defendalt
be declared void o That the defendants other has tia
directors OF this plaintiff and each OF hou their ageb
proceeding any further IN the said aeton and from se
munciIg any other acton Of similar nature aSRl.s
this plaintiff and from applying for. procuring cohsht
Ing 10. taking or entering any order eltser ~ lS 50 -
suit, any other, for the appointment OF Receiver
or applying for the enforce Of any such order 0, Oh
ders 8, That tho defendant Richard Roe. or by Snst
| by Injunction from acting ar attempting
10 act as Receiver of any property Of the krs
such. ( That the defendants. Jay Gould, James Fisk
IT,, Frederick A. Lane. orlew W Chapmau, John Ganssas
|
auder s. DiYen HOratio n. 0tis, Homer Ramsie. Heay
| Thompson. John Hilton 81. Il smons and Geoi 20 =
Hail. be restrained by Injunction from delivering any
the property OF the Erie Railway Company Ia anT 70
ceyer and fro neglecthg TO exercise their nncS.s Of
| TO perform their duties directors aud Oucen
OF tho said Company and from peglectinR to carry oo
the orders and resolutions Of The Board OF directors
Executive Committee OF the said Company IA ar az ts
same nre lawful and just 9. That the said ueiendAn
John Doe be restrained by injunction from apiSnihE
actlng as attorney Of the Erie Railway Company wlths0
an express authority from tue Board " Dirrctors Oh A
| ecutiVe Committee thereof - ,.
| FIEID x sHBARNAS, Plaintiffs Attorneys
This complaint is verified by Justin ID White htefe
| mr.. hut Mr. White makes an Independents afidavH
make the whole complaint al affidavit; INC G.aan -