New-York tribune., 1870-01-04
THE RAILROAD WAR.

General upon his own information pursuance Of
The complainant states that tho Albany and susque:
hanna Railroad Company corporation cfeated oy anu
existing under the laws OF the State Oh Sew snd
operating railroad under the general laws OF ts otae
Iaat tnsS OHh s sse that the
company divided into two parties each clamine ~
claiming that they rghtfuly entitled TO majority Of
the legal votes cast at an election ot directors Oh ssu
company, which was held In the City OF Albany on lhe
7h day September, 1862 that these differences led
prior to said Tts day OF September to series OF nga
actions was brought in the Supreme Court In the First
Judicial District by Joseph Bush against sald company
and Others for the cancellations OF certain stOck anu an
Injunction was granted therein against the conversions OF
bonds stock, and receiver OF said STOCK was ap
pointed Another suit brought in said Court in the
County OF Otsego by the town OF Oneons, wherein an
Injunction issued against the Commissioners OF s
brought in said Court in the First Judicial District by
David Wilbur, plaintiff against said company ana others
brought in said Conrt and district by said Wilbur against
said company and Others in which an Injunction was
coSrt sSII' and district by, AFRO Chase, where.
in the defendants, James Fisk r and Charles Courier
were appointed Receivers OF said road and the said Re
ceivers gave bond and took or claimed TO take posses
sion Of said railroad Another action was Drought ID Ine
name said railroad company in the county OF Albany
against Jacob Leonard and others wherein an Injunction
Court wherein John W. Van yalkenhurgh was plaintiff.
and the said company was defendant, wherein IoDerI
IT. Pruyn was appointed Receiver OF said Company and
he filed bonds and took claimed TO take possession
OF road Another action was brought III sdld COut
and and both Receivers were named as De-
PENDANTS. wherein an was granted. % M
baDy against the sherffs OF different counties wherein
injunction was issued that anOther action Was
brought by jay Gould against said Company, and that
proceedings for contempt In violating Juhcons
both sides had been instituted all such prOceedngs
are now pending and undetermined, and various other
between the cOntending parties are In progress OF
threatened And that the controversies arising OUT OF
such actions and tigatOns have gwen rise TO conflict OF
authority between public officers in attempts to execute
conflicting processes from different judicial oeers 70
mt aas N
along the line Of said Companys railroad that such con
trOyersles were temporarily quoted oy an ~
the cOntending parties OF which the following Is
copy ,... A., :, 1870
"To The Gorernortof the State Of Ne,g York Byvirtue OF
certain judicial proceedings. and conflict Of jurisdiction
and collisions 1t has become, and Is lmpractieaDie 70
either under the management OF the directors OF Tue G0n
troll of the persons claiming TO be receivers he po
interests and the obligations OF the company demand
that the road should be run and operated ana the
signed, as eontendlng claimants 70 the pose9So @ er @
persons TO act superintendent, ana 10 run anu
pleasure until the necessity OF such superlntendehce
shall Icease-said appointment and the possession Dy
yourself and the person persons TO be appointed not
to affect legal rights the present actual possession
OF the parties respectively to any part Oh 9l sad
the offices property thereof II Is understood thaO
you are employ such agencies, financial or oherwise
as you may require and 10 hX the compensation Oh al
persons employed by you"
That i'm pursuance OF this request the Governor ap
pointed Robert L. Banks executive and financial agent
and operate sad road, and that the sad BANKS
entered upon the discharge Of such trust ana mas since
continued to have the charge and management OF the
That on the 7th OF September then instant. the day
fixed for the annual election for Directors for said Com
pany, each OF said conendug parties holding or peten
ing TO hold an election separate and apart from the
Others elected separate Board OF Directors One OF
said parties elected or pretended to elect D. ferpoht
Morgan and twelve other persons named and made de-
PENDANTS suit and the others OF said eontendlng
parties elected or pretended 10 elect as o @
named as defendants in this suit.
The plaintiff further alleges, information and be-
1iaf hnfh
and void that the inspectors OF each side were appointed
said Company that stock voted and by persons
not authorized to vote thereon that the inspectors
on both sides were restrained by inunctons while the
election going on, from acting according TO their
and we're not produced although demanded by several
stockholders; and several towns along the lines OF
said road are owners OF tile stock OF SAID Com
pany, aud that three Of such towns
were represented at said election by rival Commission
ers, and votes such stock were cast on each side
That Joseph H. Ramsay has gwen notice OF the pre-
moya of the astnamed Board OF Directors and Tor the
Directors another action has been in the name OF
Eli Perry. plaintiff to restrain the last above-named
acting directors that five other suits have been
brought relation to the said matters-in one OF which
the defendants, GroesbeCk, Chamberlain wall, BOyd,
Vincent. and Falls, paintifs-n another the said
Company and H. Ramsay are named as mSard
Harker and in another John Eddy as plaintiffs
That plaintiffs are informed that the astnamed Board
threatened intend to bring suits to compel the de.
livery them OF the property OF the Company and TO
the recognition Of their claims as Directors o SAID
The plaintiff further alleges that each OF said pretend
possession OF said railroad and all the property books
papers belonging TO said company aud TO exercise
all the franchises privileges and corporate rights grant
ed TO said corporation and the plaintiffs aege and insist
that such claims without foundation IN right and
such threats carried into execution by either OF said
contendlng board OF directors VIII DC usurpalon OF
franchises aud corporate rights OF sald coFpOraOn
breach of the peace and the good order community
The plaintiff further alleges upon Information and belief
other property said company have been aenated and
transferred by the officers OF said company contrary 10
law and foreign TO the business OF said company ana par
tcuarly a number OF persons therein named.
The plaintiffs further state that the Governor is de.
by him management OF said railroad and from the
positions occupied and the responsibility borne by them
determine without danger Of doing injustice to one OF
the parties whether either OF said Boards ana II either
management of said road and OF the Companys affairs
have the force or judicial and might re.
suit In injury 10 the corporation.
That the Governor has therefore, requested that this
action be brought order that the said railroad be
placed under the direction and control Of competent Ju
dicl authority independent OF both ccntendng parties
until the rights Of the respective parties to said COntro
versy can be judieany determined. The complainant
prays injunction against the defendants composing
the two boards Of directors restraining them from taking
possession of or In any manner interfering with the said
from exercising the Franchise privilege OF Corporate
rights of said corporation, aud from acting as directors
whether either of said elections regular and legal
and either, which OF thcm; that II neither OF said
Boards be declared daily elected and entitled TO hold
office under said elections, that both classes Of said de-
PENDANTS be removed from Office and new election
ordered by the Court Aso that the defendants be re-
strained from prosecuting any Of the suits heretofore
brought stated, and from commencing any suits
proceedings relation TO said controversy and that
they DO restrained from holding any other election of
Directors OF said Company Also that Receiver Pruyn,
Courier aud Fisk be restrained from taking
OF said railroad, in way manner Interfering
with the same and that Receiver be appointed 10 take
possession Of the road
The defendants composing the Board OF Directors,
bracing Walter y. Church. Charles Courier, James Fisk
jr and Others answered the complaint and set up that
they In all respects lawfully elected directors OF
said company ut the time and place mentioned In said
compalnt and claim that said election was fairly aud
their