The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1870-05-12

The following Is the petition OF the plaint-
ifs In this suit, and on which Judge Cooley
Issued the order OF injunction on H s. Nc
Comb and others, published in our morning
issue of this date:
To the Hon. w. III. Cooley, Judge of the
Sixth District Court:
The Petition OF the President Directors
and Company of the New Orleans, Jackon
and Great Northern Railroad Company. a
corporation chartered by the States OF
Louisiana, Mississippi and Alabama, and
domiciled In the city of New Orleans, res
pectfully represents that on the 18th day Of
April. A. d., 1869, your petitioners Y. 4.
Beauregard, G. FellOwes, A. Schneider, Nm.
Henderson, G. j. Leeds, j. Armstrong, W.
A. Gordon. Writ Adams, l. Montgomery,
L. Il. Houston, Z. J. Forstall, Williamson
Smith. HI. Florence, j. G. Dennis, j. /. War
rem, were duly and legally elected directors
Of said company for the coming year, and
that your petitioner, the said G. I. Beaure-
gard, was by said directory tnereupon duly
elected President of said Board, and said
President and directors thereupon entered
upon the discharge Of their duties, until the
18th day of April, A. d. 1870 when your
petitioners were served with an injunction,
issuing out and under the seal of the Eighth
District Court, in and for the parish of Or
leans, which said Injunction was procured
by one Henry s. McComb, now in the city
OF New Orleans, having an office and doing
BUSINESS in said city. copy Of the petition
of said McComb and one of the iDjunctions
issued thereon, Is herewith filed, marked A
and Il. and made part thereof.
Your petitioners state that said injunc-
ton was executed on your petitioners on
the 18th day of April, 1870, at O'Clock in
the morning; that at that time petitioners
were in readiness to hold their annual cleo
ton for directors. according TO the terms OF
their character; all the legal notices had
been given, and commissioners duly APP
pointed, to hold the election, and three
fourths of the stock OF the company entitled
to vote for directors was present and rep
resented before said commissioners of cleo
ton, and in readiness to elect Board of Di-
rectors of said company, according to the
charter of the same, and would so have done
but for the interference of the McComb, who
prevented the same by the means aforesaid !;
and, therefore, the stockholders ofsaid COM
pany entered on the minutes Of said ccmpa-
nv their protest against the action and in
junction of said McComb, a copy of which
Is herewith filed, marked C, and made part
thereof.
And your petitioners further state that,
Immediately after obtaining said injunction,
said McComb, combining and confederating
with certain other parties to wit: j. III.
Oglesby, j. B. Alexander, Richd. Pritchard
and others, all of whom are made parties
hereto, falsely, fraudulently and in contempt
of this Injunction aforesaid, and in violation
of the character of said company, conspired
to usurp the franchises of said corporation,
and to forcibly possess themselves of the
franchise property, rights, privileges and
effects of said corporation, and to this end,
while said Injunction was pending. the said
defendants procured certain persons resid-
in the State of Mississippi pretending to be
stockholders and State directors in said
road appointed by the Governor of Missis-
sippi, to appear az the domicile of your pc
titiOners, in New Orleans, on the 18th day
of April, 1870, under the pretense of hold
ing an election for directors of said company
for the year commencing April Is, 1870, and
ending April, 1871.
That without any notice to your petition
ers, or said company, in contempt of said
Injunction. on the 18th day of April, A. D.,
1870, said Mr.. MeComb and other defendants,
secretly furtively, stealthily and unlawful
ly assembled in large numbers, they and
their accompliances in crime, and under the
pretense of being stockholders in said cor
pOration, and of having the right to enter
the office of said company IN the lawful bus
mess OF the same, between the hours of
and 2 O'Clock of said day, entered the room
of the directory of said office without notice
to petitioners, and seated themselves at the
board Of said directors to the number OF
about twenty persons, aud as your petition
ers believe, and charge, armed with knives
and pistols for the purpose of intimidating
your petitioners and effecting their purpose,
by intimidation and violence, proceeded to
a pretended election of themselves and other
parties, ofcharacter, whose names they used
without their knowledge or consent and
pretended to elect Board of Directors of
said corporation as follows, to wit: