Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1870-11-19


pastor, Rev. r. A. Bischof
o-GARa,~- D.
The RAILROAD CASE The trial OF the case
of the Commonwealth Of Virginia errelatone
j. B. Stewart against g. Z. Roberts, w. s.
Lincoln, A. Hewsou j. p. Green and others,
Directors of the A. & L. R. r. Co.. was COM
menced on Monday the 18th inst, before Judge
Lowe in the Corporation Court Tor this oity,
and concluded late Wednesday evening.
1t was an application upon the part of Stew
art tor rule, upon said Directors, to show
cause why an Information III the nature OF 4
QUO acarranto should not be filed TO ascertain
by what authority they Claimed TO hold and
exercise the office OF Directors OF the ~. & f..
+. L. TO.
The case Involved the following matters, and
upon the part OF said Stewart it was claimed;
that be was Director OF said Company, and
sole owner OF l 720 shares Of the ca pitai stock
of the same; that he constituted The hrm IT
Lincoln 4 Willard, Of Washingt on, ID. c.,
his agents for the sale, lraoStes, &c, OF this
stock: that Liuco!n contracted with c. Is.
Roberts, 4th Vice President Of the Central
Pennsylvania Il. r.. Co. ior the sale OF the
same. and all the evidences OF the old Com
paDys Indebtedness, &C., Tor the sum OF $780,
900; that Stewart was entitled TO receive the
entire amount; tina: this contract by which
Lincoln Was to deliver to Roberts all the stock,
bonds, assets, &c., Ut IL" Company aud to
procure the resi- yualOuS u the old Directors,
and the passage of bill through tho Leglsia
ture reviViug the Com papy charter, was made
by Lincoln as the oaUner OF the stock, aud not
as the agent of Stewart for the sale OF the
same that such proceeding Was IN violation
Of and fraud Upon the rights OF Stewart
that Roberts had notice that Lincoln was
mere agent, and not an owner, and that ne
paid part of the consideration mouey-stlpua-
ted for in said contract, to Lincoln, after such
notice that the designations OF himself aud
other Directors Of the Company, by said con-
tract agreed to be delivered up. and which
were delivered up aud placed 10 the hands CT
third party, were improperly made use Of
after the same had been revoked; thst !. meet
ing Of the Directors OF tho road held on the
18th Of July, 1870, at which said designations
were accepted, was illegal and void; that those
who were at that time elected to fill the vacan
cies in the Dictatorship caused by said resigna'
tions had no title to the Office; and that he
(Stewart) was still Director Of said Company.
On the part of the Respondents 1t was In
sisted that Stewart being the relator and claim.
ant OF the Office in question was not compc-
tent witness unless he resigned all pretenslons
TO that Office; that j. B. Stewart never was
the owner in his individual character. of soil.
tary share OF said stock, not having paid one
cent for the same that be held it merely as
trustee for the Company, who under resolu
ton of their board of Directors, aut horlzed
Lincoln to sell and transfer the same together
with other things, to said q. Is. Roberts, tor
the sum OF $50, 900; that the minute books OF
the Company show these facts; that even II
Stewart was owner of the stock, yet nc made
an absolute sale to Lincoln & Willard; that
Roberts was bona fde purchaser OF the stock,
without notice of any equities on tho part OF
Stewart affecting the title to the same; that
Lincoln was not only authorized by the Board
to make the contract with Roberts. but that
be had also an irrevocable power OF attorney
from Stewart, conierriog the authority upon
him to contract for the sale OF the stock; that
the money stipulated to be paid Tor said stock,
&C., was paid by Roberts and the stock, honcs,
designations, &c., were handed over to him pc
fore notice Of any agency on the part or LIN
coin; that the designations OF Stewart and the
other Directors were made IN writing several
DAYS before the meeting OF the 18th OF July,
1870 and were accepted aud other Directors
elected, before notice to the Board OF any re,
vocation of their designations ty Stewart and
other Directors that all these matters had
been passed upon by the y. S. District Court,
o court of competent jurisdiction, upon bill
filed by Stewart praying for an injunction to
restrain the meeting of heBoard OF Directors,
elected at the alleged illegal meeting, held on
the 18th day OF July, 1870, which Injunction
was refused, aod that therefore these questions
we're res adjudicata that this proceeding was
vexatious, and designed to stop the oonsiruc-
ton OF road OF great Importance to the pee,
pie Of the counties through which 1t runs; and
the respondents demurred, for that at common
law an information in the nature of quo eOar
ranto could only be filed at the relation OF the
Attorney General on behalf OF the crown; that
as the Statute of Anne, which allowed an infor-
nation at the relation OF private person IN
certain cases, never has been In force IN Vir-
GINA, nor has any statute OF the like nature
ever been enacted here, that therefore the pro-
ceeding remains as at common law.
Numerous afidavits were filed on both sides
to sustain Tho allegations Of the respective par.
ties. The frs! day of the trial was consumed
by the COUNSEL in reading the papers 10 the
cause, among which were some Is or 20 letters
written by Lincoln to Stewart, while the tor
mer was in Richmond, endeavoriog to pro.
cure, the passage of bill through the Leelsia
ture reviviug the charter OF the road, the read
iug of which greatly amused both the c0IIt
and spectators.
During the Whole OF Tuesday and Wednes
day, the case, both as to Jaw and Tact, was ably
and thoroughly argued by J.B. Stewstt anf 6.
w. Brent, esqrs. Tor the reator, and +. l..
Smith and Theodore Cuy!er, csqrs. Tor the re-
Spondents His Honor took the papers and
reserves his decision.
N, o,c who ,,,l.,.