The New York herald., 1870-01-02
The ALBANY AND SysQJ:aANNA. RAIL.
ROAD CASE.
Judge Smiths Opinion and Ueci-
sion---E:he Ramsey Fsrty
Sustained.

MIR. e. Darwin Smith delivered his opinion IN the
case OF the people against the Albany ana Susaue-
hanna Railroad Company and others at Rochester
Thursday. After some preliminary remarks In
relation to the history OF the cause and the
steps tnat were taken to Its adjudication he
Says
Upon the issues presented in the pleadings, ana
she mass VI evidence TAX upon THIS trial. the first
question presented for my decision relates to the
power OF the court In equity to give the relief de-
inx the title OF party to an ONCE prior to the code
was by quo warranto or by Information in the ma
ture OF quo warrantO; and these proceed ngS could
only be instituted and prosecuted to effect In the
courts at law.
After quoting various sections OF the code, the
Judge continues:-
The Issues Of fact tnereupon formed in shis action
were IN the first instance and are trable by the
court but the two most important and leading
issues might have been submitted to jury, and II
an application mad in due time been made for that
purpose 1t would most probably have been granted
and the Court thus nave been relieved OF the
unpleasant burden and responsibility OF pass
ing upon the facts OF the case. But no
application or suggestion OF that kind was
mace 10 the Court until the cause had pro-
ceeded 70 trial and the Attorney General mad
opened the case read the pleadlngs and rested.
when the parties and counsel being on both sides
present and not unprepared Tor trial, and large
number OF witnesses also being IN attendance, held
tnat the application came too late ana tnat the trial
must proceed 1t remains therefore for me TO pass
upon the issues made BY the beadlngs, with other
Cases tried by the court.
The preliminary facts, such as his Honor deems
fully established by the evidence are here given and
his discussion proceeds foows:--
Fust-Was the election OF the board called the
Ramsey Board OF Directors valid and legai or other
wiser
So far as the form OF the proceedings
upon this election Is concerned, do not see why it
was not in all respects regular and valid. The in
spect0rs took the proper oath anu proceeded in the
aa way he 10 noa ia ssa Ie
the names OF the stockholders entitled to vote at
such election, comprising The names OF oil the stock
holoers whose names appeared upon the ledger and
transfer books on The previous 7th OF August, or
whose stock scrip power Of attorney or assignment
for transfer before that day. No votes were re-
ceivcd except from persons, their proxies,
VINO appeared by such list OF stockholders to
have been stockholders on the said 7th OF August,
and their names were carefully marked and checked
up0n such list as their ballots were received. 1t is
some person appearing and claiming to have proxy
emitting him to vote al such election but not Dy any
stockh0luer or person holding proxy. who did, in
fact vote or 0ller az such election The per-
sons 10 making the respective challenges did also
company at the time Of making such challenges.
These challenges were d'sreearded so far as the
same related TO the production of the BOOKS but re-
terence In respect to the right TO vote each case
was made to the said list OF stockholders SO pro-
vded Ds the treasurer Tue party making these
Challenges was not entitled to production Of the
.SecOndiy--Was the election held by Hamilton Har.
ris and others, acting as inspectors, and at which
IL Is AIMED that Charles Courier Water S. Church
aud othels were elected directors legal and valid
electionq
The TACT is undisputed and indlsputable that
STOCKHOLDERS meeting was held In what Is called
the direcl0rs' room OF said company, by portion OF
the stockholders OF the corporation prior to the
meeting so held In the hail Of said building
over which james Hendricks presided, that
Walter 5. Church was chairman or such
meeting and J. X. Hsrrck secretary that
Hamilton Harrison, Joseph Bush and James
Oliver elected inspectors; that sucn inspectors
Immediately proceeded to the room called the trea.
surers room, in SAID building, assigned the pul.
pose OF the elections. and opened poii, and pro-
ceeded to receive such woes OF stockholders as
were offered, aud continued open said poll until one
O'Clock r. NJ, when they clos ID tae same, canvas
sed the votes and declared Walter - Church and the
twelve other persons named and voted for on the
ticket duly elected directors OF said corporation;
and 1t 10 also clearly established and unosputed
tnat this stockholders meeting was called to
order ana organized about fifteen minutes
before twelve O'Clock, and that the SAID IN
spectors chosen at such meeting proceeded to
the ueasnrer'S room to open the poll and took pos
session or the said polling place, and declared that
they came there to act inspe tors at about ve
SIX minutes before twelve O'Clock. ana tnat Colonel
North, who moved the organization OF such STOCK
holders meeting, moved a reorganization OF that
meeting, and tnat said inspectors be reapponed ana
proceeu with said election. Upon the question
whether SAID electors received any votes before
twelve O'Clock there IL . conflict IN the evidence.