The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1870-11-17
supreme , judicial Court,

OCTOBER TERM-BARRows, j., PRESIDING.
WEDNESDAY Nathan Cummings ct al, in equity,
VS.. Maine Central Railroad Co. The hearing in this
ease was resumed this morning. Judge Howard
asked for postponement to give time for the petit
TONERS to procure evidence certain points ISSUE
This was opposed by Mr.. Drummond, counsel for re-
spondenrs, on the ground that the petitioners had
had sufficient time and should have been prepared.
The in ige decided that the case must go else
be postponed until after answer. Petitioners con-
cluded to proceed and Judge Howard commenced
the presenta ion of the different points in the bill.
1t was admitted by respondents that the gauge was
changed after the service Of the bill on the clerk of
the corporation but before its service upon the Diree
tors Judge Howard offered the charter and by laws
OF the Maine Central Co. to the time of meeting
method of voting &c. Respondents denied the ALE
CATION in the bill, that the stock was not deoosited
according to the VOTE and offered the affidavit of Da
RUS Alden, stating that it delivered to Joseph
H. Williams, the trustee, i'll his presence. 1t was
admitted that the Androscoggin & Kennebec and
Penobscot q Kennebec were authorized in CONSOLE
dating into the Maine Central, and that the COM
planants in the bill were stockholders ia the defend
ant corporation The contract between the Atlantic
& st. Lawrence and the st. Lawrence &; Atlantic
was also admitted, and also that Edwin Noyes is SUI
perintendent of the Maine Central and R. D. Rice
President of the Portland & Kennebec Evidence in
regard to Edwin Noyes connection with the Andro-
scogsin q Kennebec was excluded, the Judge ruling
that that allegation in the bill was irreleyan mt and i'm
pertinent. 1t was sought to introduce the state
ments affixed to the bill concerning the earnings of
the Maine Central Co. Mr.. Drummond objected, on
the ground that though an ing ,iry into the matter
be important If the question of the appointment of
receivers was before the Court . hearing simply
for an Injunction 1t was irrelevant. Judge Howard
lad T.
was properly before the Court. The Judge ruled
that the question of appointment OF receivers was
not before the Court, as this matter was not men
TONED in the notice. and therefore excluded the tes-
timony. 1t was admitted that the Maine Central
Co. took a lease of the Somerset & KenneSec road,
that r. B. Dunn was a stakeholder, Director and
President of the former road and that the consolida
ton contracts were correctly stated in the BILL It
was also admitted by respondents that at the meet
ing in Watervle on the 3lst of May 1870 gentlemen
did throw more votes by the proxies OF legal owners
than the largest number of shares Fned by apv one
stakeholder and also that the certificate of the Sec
Rotary Of State annexed to the bill contained true
statement Of the stockholders and the amount Of
stock owned by each. The petitioners contended
that Lockwood, Rice and others mentioned in the bill
are not legal Directors, at the time the meet
Ing was called at which they chosen there
Ao tHo VdCducieS were created Qul1nR
the meeting, and that meeting to fill vacancies must
be called after such vacancies occur. II they were
not legally elected, their subsequent acts such as
changing the guage OF the road and locating new
line from Danvie junction to Cumberland are void
The respondents stated that they had paid or retired
every bond and coupon which had become due ex-
cept when the owners had demanded gold. This had
been dore by new issue OF bonds to the amount OF
s1,10o,ooo. Testimony as to the comparative value
OF the Maine Central and Portland & Kennebec
roads was objected to, but admitted by the Judge.
The petitioners then called William Atkinson. who
testified that in his opinion the Maine Central road
was far more valuable than the Kennebec, and that
Its prospects for the future much better than
the latter road. He thought the completion OF the
shore line to Bangor would not materially injure the
Maine Central, though it would be competitor
Mr. s. 7. Corser called by respondents, considered
the value OF the two roads about the same to the
stockholders. Each road cost about 100000
John A. Poor, called by petitioners, testified that
In his opinion the Maine Central by far the most
valuable read.
The arguments were made in The oftarnoon