New-York tribune., 1870-01-04

possession hy psrsoos claiming possession Of such
s;s PP.Ss " . ..s . ay
%. ofsSs Justice. ts: sosI, Tsrd bi.t
appointment Of the sa railroad
ard properly and snhes ObnOrOus the objection made
SeI .Sd following tbe soi: .So. mentioned
& ss, 's % s .,eS for Tf S rs X. s STas
the immediate possession Of the said road and the control Of Its Affairs
The Se1 ds prossss which Is ,ls,wed on the argument wa.
% 70 ,s S ,O s sg se 'u & sop aud Hs
elected inspectors the year lass for the yea. 1862 10 this
restraining the SAID inspectors such at
said election the ground that they rot stockholders Of The cor
The summons Sept 1859 The
The .SOn va. % 70 The so5 Of sIG"%s IN The sS Js P R
Judicial District donee s,sOut iposSg Or having his attention called
s scSpS' "1' % sS1S Other s s.s r. S Us.f & Do
fepdnis nat so sara hsno Leteop no hsshen % om
election Of officers o. said and contained other
bylaw which r.ed the Inspectors @ e Be .tosthSds Of n,
SS sS from % yss sy The oS q psT.OI no, ocI
holders for inspectors The same persons bad been chosen Tor the three
and much doubt whether said bylaw ever Of any force VALIDITY
Clearly their election not per
opOr,te oes merely yOdsbs aud not void kd on Cor
Isl Msue and sslwn 76.
quite clear that this Injunction imPrOydeutly
granted pd that the ohc Of corporation cannot be thus summa
Ga once ey Sour, Of equity But was Doubtless toe duty
suggestion made u the complaint that the said Ham, HASKELL and
have 1 SsS sv ne nSse wso yrSpd il on ~ s Of SpsmS.r
The that made Of This Injunction is think the serious
. q. e. u . s1 Sss % and sSa esS S, SSS %
asIy eIe,s any especial to affect Gt election %
eening sepembef 1t tailed about
The meeting held the same evening At tbe DeAvan Hcnse
drawn up for adoption at the stoekhoder meeting to
been ssoOe and s whole sms S oprT.on @ sSa II. D.T
for the next day and the necessity for stockholders meeting depended
piesuppOsed SheafGsn ehe attorney Mr.
Fl ~ this eGIoyeIsy and the one who apparently chiefly directed The
ing and at the election afterwards testified in respect to ,ueh service
out for the officers Of the Albany and Susquehana Railroad
carriage At about 20 the morning OF that day there
Inspectors Election whose knew heO bat
him and which eude an injunction against their serving lHPee
And be ib said that he then went Immediately to the O and
when be got INTO ia Directors rooms roo u "as about i Geo,a
sus ksPg nas 3 ,aS ss.rs sa S at Gn 3 s %
body stockholders Of the corporation They had
sIpect would be pone therefore had
p to assemble pro PLY provide igeuey by
holders meeting II cnuot be slerd otherwise Than scheme con
tved aud devised TO take nnfa improper advantage 81 tie stock
said suggested argument primary
for objection to these inspections aud procuring q sad Injunction Sa'
Hand was ono Of the counsel for Mr. RAMSAY ATp1.
Sst Inspectors Of rucb Elections where th, couorty and contest
should he impartial and duresed men for they aei sIt aesy
icr M. Ramsay. do wJ equally
SCI for Ne FIX Gould in thi, matter A1d Mt Bu'ha9oher
the contest on ie same side being phiuuf pro-
cure appointment Of Mr. Fuller Of tie $500 shares Of stock
The judicial proceeding designed operate upon the
name tbe railroad company against Joseph Ramsay
william NJ Phelps in which action order iOr Their
BY whose authority commenced does distinctly sp
pear hossve commenced by the who had
aberanee Of the interests Of Mr. Fisk The order for their
obtained on the tto Of Sepmoer and taken TO A e same
afternoon The complaint was poneed and oed on me trial but BY
which this order Of arrest granted that the defendants
charged With taxing and carving from the oee Of the Com
the COMPANY aud their could be justified
psry tbSi they were in the os aud there liable
s and s5s3 away % force Or sos I ard .sG1 It TEL & y were ere
Of the Company and the advice Of their counsel on the
Fish M Of the said Office by force receivers
oG .Ie %ons Oh & Sl s ~ sGs. aP s nEDS' md m syn b
ser until the appointment by the Governor Of Robert Banks 90 TIE
month executive and financial agents to take charge
road aa the uch Receiver bad the lawful custody
, w co, spg s'mpabS w Mr. Rsussy and tbe aid ocs and
persons took the said books and that Phelps the Treasurer
from to time under the direction su'hoIyo said Pn
spponmeu M Bnls executive and financial be
reluest and stipulation gDed by parties delivered TIE Gov
him The night TO TIE possession ana control o the sad
books aud rrtasy suPert9ed both Reeei7e SO that when
this suit was commenced neither Of these Receivers
% sr SoS % 0 IN i @ 10 be c on tbe r Of toe 6tb
September and Pot under the when
suit actually comuebced by the service Of The and
plant they the actual custody OF the pna ths agents OF he
Governor properly represented the corporation fA and Courier bad
clearly 20 lt to ef1g the ao a. %sn them Sai ay9 who al
,ho tins Court EoePt for The aPPSaiTea Gi M B1.E; & q
al other property Of the corporation had been
4@S6 i%s6 S 5 @ .So Of F aud Coulter va. absaee
least until the Court application It he third
reader Of bis trust ard The transfer Of the property the eoroTsieh
this s the Of the Albany and Susquehanpa Railroad Compny
% The order to hod to hail 10 be sum Of 600 was most EXTRA
ordinary eIOoan and must have been procured to be used as
used the day Of election IL aid Of The fraudulent Purposes Of Mr.
FISK and his associates Ii delivered The Sheriff Of Albany at
instraction to do bis duty and that he deemed
bis DUTY such order Of arrest in person and as be says
holders meeting held the directors called to order by Col
he wa. dsane aud hd casiod about hay an hour before could
Tbe arrest Of Mr. Ramsay counsel smith
just at this a1ig could Si e1ye 9sartts gnd T..
pending take place u ocoek and that Mr. Ramsay
prom interested counsel ih matter that ali the defend
ants we're well. known citizens and residents Of Albany
This order Of arrest thos procured and thus executed could have no
other object purpose on the part Of those who p,aied and directed
soeRRo5efs and prevent Pscp,mg SeeIbosT,
meeting ana ] possibly XII ~ ne d @ not SsnsI tb as sBs rob
election probably would have been unable to lake any
the 'SS % s "H%ed s 10 M & e s @
associates in respect Sohoders held Directors
tie sletton sld b persons not Conpany
Mr. HefneA, zoe wee riealt o. o. 'Ef emp9Iy & "ss @ % %
table desk 800 feet and that estimating three square feet
the I'D would hold l5 men This estimate does not e.
ess esf appear: s that Il. began preparatory
M sI sa that he went to the Office Of the railroad company
at about hafpa accompanied by Mr james Fish Judge Parker
aud Nj, Fed that they arrived there soon at h9Pas ana yeu!
Hsai be recognized ma9y the room at the tine tAe en-
lei aud then otttts he dlu DOT Know"
Nr that the about u inmates
bsrofe 2 O'Clock directly the aud
found partially 6ed With people among them Of lasyes
p1 parties residing the line Of the railroad
parties with the road aud named Eight
e. present recognized 1t also appeared from The tesi
ouy that meeting held Deyan House the
evening previous the 9th Of sptber composed Of Mr. Fisk Mr.
Pied ST. Mr Herrek Leonard Sherman, and three
other o directors the susqushauhs road: that e subject Of
meeting be htd day discussed aud who
should aud officers o said meeting talked about and
understood they should meet Al the deeo room the nett day
at half past H. -
1t clearly appears that ser the arrival Of h Fk and bis counsel
friends the ockbodr tue room fapd ld ana 'hat
when meeting called by Col North about eoct
full aad by u Ucck dense packed And hnf
clearly established that C The persons filing and occupying i
imported, brought there