New-York tribune., 1870-01-04


titled possession o this property aud the
cise Of tho rights and franchises thereof aud that tn
iectiOn OF the SAID Charles Courier James Fisk, and
others, be declared illegal and void and that the stock
whose validity questioned in the complaint be esta
shed and that an injunction issue asked for IN the
complaint against the said Charles Courier and others
corporation Two answers were put in nomnaly by the
Railroad Company Nv different attorneys: each claims
to represent the corporation, &C. concurrng
substance with the Of the said respective Board
Of Directors, as above stated.
J. p Morgan. Good win SeoTge n Morgan, Bruce roes,
beck. Chamberlain. Vincent, Morrs, Fas Boyd. Sloan.
plant respect TO such parties, ~ far az such aegs
tons questions the validity OF the stock held by them re
specrey and asserting the validity OF the stock and Of
their title to the same and therein admitting the general
allegation Of the complaint.
The issues thus formed for trial at an al
ourned Special Term ard Circuit held at Rochester on
the 10th OF day OF November 1862 when Marshal Chap
lain. Attorney General; George q. Munger Stephen n.
Hammond Assistant Attorney General appeared for the
William f. Allen. Charles Tracy. Aaron J. yanderpcoI.
Henry Smith, Matthew Hale, and John IL. MeFarlandap
peared counsel for Joseph H. Ramsey Perpont Moe
David Dudley Field, John II. Martindae, william c.
Jay could Charles Courter Walter s. Church aad ds.
PENDANTS of the class OF directors.
BY the Court-E. Darwin smith, Judge.
Upon the issues presented 10 the pleading. and tho
OF evidence taken upon this trial. the first question
Court in equity & give the relief demanded in the
The mode Of determining the title OF party Office
pi9r TO the code was by qo w' @ e or Dy
could only be Instituted and prosecuted to effect in tina
Section i2S Of the code declares that the writ OF sere
facds the writ OF qO Wdydtto, and proceedings by IN
and that the remedies heretofore obtanabe in tLoss
forms may be obtained by civil actions, under the pro
chapter provides that action
may be brought by the Attorney IN the name OF
the people, upon his Information. upon the
plant Of any private parties against the parties offending
Where any person shall au5p 9uds .o or ua'a, boz Or
state ohos H. or eopori9 created w be authority oi s
per,ous entitled ofes franchise
tive g "a such Office or franchise These section, de
au,hOe tbe institution Of s acton ihs name Of toe people ss
be governed the psang' and proceeding BY the sane
BARB s the Sane sgt Crsme Kgnan iJI The e6s i1
% statement Of he ci. eon,s tie cause Of action The eo@put
this conforms th. ras aud asks appropriate s Toe fe
!be equitable power o. Tue ooar 10 eosioa @h 'os pg :,
I & f Court Of Eoutr The acton L therefor.
Sn the jurisdiction Of the Court aud the ouv point Of loy o.
fact upon waranto issues Of fact uPoa th relations o. parry
vas Ia he po.sessoa Of The ofces before the code usually
have been "a td ire Oy py t opI 10 ' s. m .s & I a 3 a
s5 e, ,aS ad of a ~ the Se os 4ss @ sn @ Ca
ao 40 eIp,y1 prs"Ca = made e. - -. m & CHAPTER y S .l I
25j Of The code provides the recovery absy O
or gsGe real Or gsTsG9s pGPs o ' IA divorce % n I
waved aai section 2S provides that other issue iabe ~ ss
Of iacl involved therein to be !ried b. jury
The issues Of fact thereupOn formed in this action were
I'm the first Instance and are trabe by Court but thu
two important and leading might have been
submitted to jury. and II an application had IN due TINE
been made for that purpose would most probably aye
been granted, and the Court thus have been
relieved OF the unpleasant burden and response
by OF passing upon the facts Of the But ap
pcaton or suggestion or that kind was made TO ths
Court until the cause had proceeded to trla. and the
parties both sides ad not
b. the came TOO late a that the proese
IL remains therefore for me g pass 1Pos tue 'ae' made % TIE plead
Before proceeding the evidence applicable to the eing
ss6IsbeS By the evidence sud undi.Puted
The Ao;Sy aud Sp'S.tGa69A -, sTG1 m @ & corporation
sIOoo divided into Il O9 shares Of Sleo each and sabequesu
under Of thirteen Directors b
annually majority OF the votes OF the Stockholders 'ouai
such election such may be prescribed TIE A"'
The bylaws provide that the annual election sogd,
hed the ht Tuesday Of September sl and on The n dJ
] @ C az sooa and to ea,nHs oOes St oedes ia The asro
.t no .BsSs Of k Should De made Tor tSeu days GeI prso
the annual election Of Directors and on toe day Of election the S,e
should present TO e Inspectors Of Election The transfer books lo
alphabetical list Of the Of Stockholders eue to vote saeh
1884, aud at each succeeding election three persons WHO are stock
holders shall Be chosen s s persons ea'ei 70 vote oI Directors -
pube notice of the holding The annual election SI 9seS Dire
fore sd eectonthe frst publication BEN. on the y da o. Ass
Compauy No 26 Broadway in the city Of Abay oa lar
E Ge and eootUue open Tor one hour erea.r and t6. u,
would be closed the sh day Of August and e0Pae
At the ..ockGOds meeting pursuance this
"a 1885, to conduct 1899 ia quA aud h.aS
been restrained from 50 doing by injunction and that As he proper re-
desiring election proceeded inspectors for h
ss.Sa So .Sp.ns VIDE de- S s't Of %S,esS-i5So Rep s
the ssP. o. ns merits % IRgss S1 S 2 G ' .. G iaa 20,
large uuIbsI and chose two set! Of ad hed s
tine and 6's 10 PCge ~ TORN e,se SCI 81 , apsto @ 5 s
will call for greater DISTINCTION sh RaR..y beara beaded ey J. h
& uTsss aS each Of Ss.s . Of nea osSisS .ss
such election Boa Of Director, Of sad eorporoa ad e med
franchises aud property Of said corporation.
eas o to ss.s eeudisHs ea% a vii Vossd % discuss
IrS Was Boar. called the Ramsay Board Of d.
reetor' valid aod legal or OthsSlss 49,. -, t..... s-
Bidy Harsrvho held this eeeoa chosen At mseis Of
Gs Sos .p Sfa R u 's a oa ~ T 2 &
they took the oath Of Oee prescribed By The statute regulating %
Ou. by Incorporated companies oee Of u chap n pi ar's
the Revised s;an and procslel to oDe TIE P9 S
Of ~. .oss ,Seh soporssoS II Of 6h votes we're ysa o q.
headed BY the said Ppoa MOsau ari h,i
they aod such @ & poll oSs1 & % S ST o = 6 0 o SS 'is % d. I
Oi seSIS S ~ rTpoa .T6 Mo,a were T d elected rs q
said COMPANY ahd that eAea one o them received wa votes TOT a
far the form Of the proceedings this election coaoeaS
.s DO GS zee & sHy M SIS s,s a"s 3 ~ a., and r5 % m . % I %
way g soA s,a oa tss dIs1sq5er Dratsd % Wen "a ,p,
comprising the Of all the stockholders whose n,me, P
~ So.a 49, e a. starp.1 a, Tor t.u,s-s sd
been the Treasurer for al,sr before suat DAY No 'st.
such list of s.oesSodsr, TO have been stocssosT.
received IL that - resrsf
challenged by appearing aud claiming - have
proxy enulngE hin 10 vote al such election, bus 40.
.Oy ',oeasoier & or person ao@as P.S.; -'o a
respective challenges did also demaud the books tao tsn'
the mskug such haugcs Ihe'e
challenge dse dd far - the related TO TIE pouos
the nxt g. m each
provided b. tat Treasured
The party making these challenges not sauted 10 [,
The challenges doubtless made 70
bylaw number VI the above set orsh SoA
1884, bylaw section number ss
provides for be he the hrG Tuesday OF Sptsmer
1852 printed book Of bysxs which has besd n
uishsd o appears TO have been printed 10 1888
period Railroad amended 10 1904 sec
electoa Of directors
the books aud Of such COMPANY shall be exhibited ne nas