, 1870-06-28

XxQut$A N1noE1ERF1E&
From the Se.e FORK Forld, RA
4 Suit has been commenced 58e Supreme
viii lbs following Title: Erie n,ilxay
Company, James Fisk, 4nd Justice D.
White rs. John Denjami,, Gath. Robcs, ANA
den den Ae.th. 6s..1 Henss ms.th o., = En-. E4T.n
Henry Qnealc, Er; !rington smith, Charles
Bu1t, William D, Pt7s, jay Gould, Hosato
\. OTIS, and NJ Ter Smith.
A new suit :ommcueed yesterday by the
abose-na.ne>a .intiae, Nj Justice D. White
panS, rezg in New Jersey. The claim is
FOR a.. .A$sp6 damages.
Tf&Eaplaint tecitea all tho proeeedinSs in
fhe. FEEe suits. commencing with the re-
p~ OF Daniel Drew from the Directory, and
fNG through the whole litigation down to tho
i, sent proceeding issued BY tho Supreme Court.
lE'he complaint covers nearly two pages Of
closely written nattes, aud cantaus about
10000 words. From tho beginning TO tho cnd
sdEatoz Of al the litigation, with view to
controlling tho Erie Road, OF making it merely
= local road, or, in case Of failure to accom-
pliah these, to destroy it altogether.
The complaint then states the resolutions
passed By tho London Stock Exchange that
20 sales Of Erie stock shou]d be admitted as
valid unless accompanied with power OF at
to!ney to Heath < Co. OF Eaphael 4 Co. (the
defcudauts1, and bearing their private stamp
marx and ayers that the assessments on the
stock transferred under s.id resolution haa
amounted to about Fs2a90, 900; that fisk and
other stockholders and Directors in tho Eric
Company wcro compelled to pay their aseess-
ments in order to euable them to place the
stock held By them in Europe upon the
Market
The plaintiffs then charge that By these
means Heath L Co., Raphael l. Co., and the
other defendants interested in rival roads, OBJ
taipcd \ large Emount OF the stock Of the Erie
Liz - l. -,
country and deposited abroad, amounting to
m2ny millions OF dollxrs; thnt these defend
ants had no real interest or ownership In the
stock, hut held it merely II trustees for the
owrers, and to use and manage it for the in
tercst Of tho Ezie Railway COMPANY but that.
deIstanding and conspiracy With Vanderbilt
and his coadintors to use the power thus OBJ
tained 70 aid the echeues 10 onst the present
1uanssement Of the company. n
ofsSaA"fa 8 e. Raphael C. n's Ia eaasea nsasa
10 be Transferred to Burt few shares aud
some other interests in tho Eric Railway Com
psny, in order that he could como here and
enter into m opposition to the Erie Rsilway
Company. Mr. Duzt made demands that
il complied with would have placed the con-
troll and management Of tie company in the
hands Of himself and others, none Of whom
were citizens Of the United States or had any
interest really in tho property and prospects
finances would have enabled them 10 cady out
their conspiracy with Vanderbilt. On refusing
Ar. Burt'a clalm, ho openly Joined himself TO
and entered inso combination with al the
opposing forces 70 break down and destroy
the. present management, and to mon.
to the other ros! 70 Erie Raawav.
For this purpose he tely circulated re.
ports injurious to II nd derogstory t.
its management. With ,nss q Of fraud, mis-.
~ -+aI H{1-, L. L
been repeatedly investigated by tho courts, the
Legislature and before the public, and pro
nonnced untrue In further advancement o1
the Ike scheme, Mr- Burt brought to this coun
Try large amounts Of livestock Of the Eric Com
pany, bearing eaid private stamp, with the in
tent and purpose Of procuring tho same to bt
transferred upon the books Of the company X
his name or to that Of come of the other do
PENDANTS, in o1der that By combining with thi
opponents Of tbs company they might be abl!
to control the election OF Directors, w1icl
takes place the coming fall.
The plaintiffs AlcEo that II this should b
permitted, the company and its valuable fran
chiees would be. placed in the hauas OF ire
aponsSs ~ wo would nd nter
view Bolalyt the promotion Of their private in
tereets rs speculators and operators in it
stock, looking for their rcwara aud emolu
nents not to the legitimate earnings Of tn
road, or the eventual nse aud value OF 1t
stocks and dividends thereon, but siln,,ly II
tho gains aud profits that might accFuo t.
them in private speculation IN it's stocks, con
sequent upon the great power ind influence
they would have over the aame-
Tho plaintiffs further nllegc that IN pursu
aEce Of said scheme, Durt, OF some one ACTIN
fox plaintiffe, has caused to be presented i
the defendant Harris-acting Us transfe
clerk to tho Erie Company at its Offices
large amount of the stock held or claimed t.
be controlled BY Durt md the othe1a acting il
Sxt4Fy fSpx&f ~
dollars, and hns demanded that it shall b
transferred upon the conpany'e books, An
this in TOintion Of writ of mi junction issue
out Of the Supreme Court md now standing i
fall fo.cc.
The next allegation is that Heath and III
other defendants, acted IN viol4don OF th
understanding And trust under which th
stock, the Possession and control Of which /
now claimed to bs in their hands, was oh
t.ined from the real owners thereof, en'
defendants shan succeed In having tho etoc
transferred to their names, or any Of then
upon Tie b99ss q the & r~%y sh1s .s ts s,i =.
stock to Europe, Of some other place beJon
the Jurisdiction Of tho United states, and vi
continue, by neans OF the Aforesaid enforce
p1u1ies and assessments, to keep !
themselves the control OF the stocl
OF the bona ide holders Of the stock, ;
reason Of which tho Eric Hailroad has sustsi,
ed 25. OOO. Goo damages. That Mr. Gould, tt
President, Ar. OTIS. The Secretary, End Smitl
the Assistant Secretary, have 10 sign al Il
certificates Of t1anelcrence OF stock ;F3tl
Ha1ir, the Transfer Clerk, may execute traa
ferB Of the stock, thus enabling tho defen
Ants, By exchange, sAlc, or hypothecatlon.
procure the custody and control OF 9th
rtock, hare that stamped, and compel Il
holdera to pay assessments, and execute pro
Ereea TO obtain tho control and voting pow
OF aH the stock Of the Erie Hallway Compai
owned, carried OF dealt in in Europe, they n
being tie owners bono 1idt Of a single share.
Ihe plaintiffs therefore Aak that 10 tnjun
tion reatraininR the transfer OF any Etock n
eented bv OF for the defendants, stamped
mentioned, and from stamping any etock
The Erie Company not already stamped, a
from interfering with the stock except und
the order Of the court; and enjoinlng ths
from removing 1t from Harris posseshlo
that receiver bo appointed to control The sto
Ind III moneEs paid on account OF 1t 1os !
benefit Of the Erie Railway Company; that
PENDANTS be required TO pay orer Ill tho
aessmenta collected BY them On the stock, I
Receiver being authorized to bring necess'
gui.s, and to transfer the stock to hia o
name, being clothed with full power to rep
cent tho Stock Trustee, at all times and p!sc
rs fully As tho real owner theteof might
could do, and that they have 45PO,
damages.
Wm. =. Morgan, Eeq.. on behalf Of
rlaintifls, yesterday submitted tho compla
~ taa Can1t- and Judge Barnard g1.ntad
Mr.. Jnmee H. Coleman was appointed,
erye honda in the sum Of s100, 600.
Knttrond Progress.