New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-29
THE CUU RTS.
The jackson Railroad Cass-CKos< Eu-
fnrfc,ions-Sar OF the Rival Direc-

The Jack son Railroad Case-CK"s< E"-
fpyfc,ioas-War OF the Rival Uirec-
tors.
In our last report OF the contest between
toe rival presidents and directors OF tAe
Jackson Railroad, McComb had enjoined the
old Board CT Directors not to pay nor con-
tract to pay any money cut Of the COM
panys treasury for 1.-The purpose Of feeling
LAWYERS to maintain them In their positions,
and to maintain control of the offices OF the
company"
Now comes General Beauregard with a
counter Injunction from Judge Cooley, OF
| the Sixth District Court, in which McComb
| is commanded, enj0ined and restrained, IN
| the name IF the State of Louisiana and OF
| the Sixth District Court for the parish OF
| Orleans, from I'll further proceedings
| against the New Orleans, Jackson and Great
| Northern Railroad Company, for the pur-
| nose of taking possession OF said road, or Its
! effects, or Of acting as directors and officers
| of the same in any manner, and from Inter-
| teringia any manner with plantlH5 IN their
| possession and man" cement OF SAID ROAD
| until the further action OF said court.
| The 1piunction is founded on a petition
| drawn up by Hon. John D. Freeman, attor-
ney for theI old board, iu the lames OF Gen
| erai G. T. Beauregard, G. Felowes, A.
| Schneider, william Henderson. c. j. Leeds,
| John Armstrong, ". 4. Gordon, Writ Adams,
| L. Montgomery, J. Green, John B. Hemp
hill. B. L. Hatch, l.. L. Houston, E. J. For
stall, Williamson Smith, II. FIorauce, j. G.
Denis and ]. J. Warren.
Petitioners auege that they were duly and
| legally elected rs directors Of the company
| Tor the coming year, and that G. I, Beaure-
gard was elected It's president for the COM
| ing year; that theIeupOn they entered upon
| tine discharge of their duties. and
remained in discharge thereof until the
eighteenth of April, 1870, when they were
| served with an injunction from the Elghth
| District Court, procured by II. s. McComb.
Said Injunction was executed on the
eighteenth Of April, and at that time petl-
| TONERS were in readiness to hold their an
nual election for directors, according to the
| terms Of their charter, and the legal notices
had been given and commissioners ap-
| pointed to hold the elections; that three
fourths Of the stock of the company entitled
| to vote for directors were present and repre-
| sented and in readiness to vote for directors,
and would have done so but for the inter
| ference OF said McCOmb, who prevented the
| election, and, therefore, the stockholders
, entered On the minutes Of the company
their protest against the ac.lon and 1nJunc
ton Of SAID McComb.
Petitioners further charge and OeheVe
that the defendants will procure frolE Judge
Dtbble other unlawful mandamuses, Wrlts
and orders to enable said McCOmb to effect
his purpose Of usurping the franchises OF
said corporation, and that unless prevented
by this honorable court, petitioners Will be
uulawfully deprived of their offices and the
| rOsspssiOu of the effects OF said corporation.
Petitioners further charge that II. G. Dlb-
BILE is not the Judge Of the Eighth District
Court, and that SAID court has no lawful
existence.
petitioners further state that said Nc
Comb has commenced four nischlevou5,
malicious and unlawful prosecutions against
the corporation, and threatens to continue
to al indefinite number and to an indefinite
period of time; all OF which actions and
doings are contrary to equity and good con.
| science, and tend to the manifest injury OF
your petitioner, said corporation, within
) the premises. ,
And your petitioners further state that
J the franchises are the property OF sald cor
!, poration, and the proceeds OF said road ana
, the offices of said company are worth more
} than five hundred dollars.
To the end, therefore, that justice may
7 be done in the premises, your petitioners
, pray that said defendants may be mace
parties hereto, and compelled to answer and
discover under oath as to the truth OF ali
the matters herein stated, as fully and par
: ticularly as if specially interrogated thereto.
7 That defendants be enjoined from any and
all further proceedings against said COM
pany or its officers and agents for the pur-
= pose of taking possession Of the same, lts
property or effects, or from interfering IL
l any manner with petitioners IN the man
S agement and control of said railroad. The
= allegations in the petition were duly sWorr
l to by General G. I. BeauregaTd, and on this
/ showing Judge Cooley issued the injunc
r lion.
Exceptions to tn. Jurisdiction of Judg'
CooleY-He OverruIe& The Motion.
After the service of this Injunction
. Messrs. Hays & New, attorneys for the neN
board of directors and for II. s. McComb
the newly elected president, appeared befor
: Judge Cooley snd excepted to the jurisdic
! ton Of the Sixth District Court in matters
I Injunction, on the ground that the Eight
$ District Court is invested with exclus!V
; jurisdiction in such cases. Judge Coole
Il overruled the exception.
"A Writ of Prohibition Asked For.
Messrs. Hays & New then drew up.a pc
tition to the Supreme Court for writ c
;, prohibition to Judge Cooley, commandin
him to take no further action in the matte
e until the further action of that court, whic
!, writ was taken under consideration, an
u thus. for the nonce, concludes the history {
i this exciting case.
Second District Court.
a In the rule taken by the attorneys OF Ml
n J. IT. Hickey, Of Cincinnati. Ohio, to pre-
r vent the newly appointed Public Admins
q traitor from administering the estate OF Mi
|. ton Taylor, deceased, Judge Duvigneau
n yesterday rendered the following decisio
a in favor of the Administrator:
l. Succession OF Milton Taylor.
|. John T. Hickey, of Cincinnati, State
: Ohio, has filed petition before this cour
Is in which he alleges that Milton Taylor, la
" of the county of Mason, State of kentuck.
II died, leaving last will and testamen