The New York herald., 1871-03-29
Ex-Attorney General Hoar Denounces the
Erie Management, Opera House,
Ballet Dancers and All.


Ballet Dancers and All.
The suit OF John 3. Heath and others vs. the Erie
Railway Company and others came up yesterday in
The United States Cifcuit Court before Judge
Biatchford, on argument on demurrer to the bill OF
complaint
A talented and able bar appeared to defend the
interests OF the parties to the suit Ex-Attorney
General noar, Mr.. william NJ. Evarts and Mr.. South
mayd are counsel for the plaintirs, and Mr.. David
Dudley Field, Mr.. Il. W. Stoughton and Judge
curtiss. OF Massachusetts,, represented the defend
anita.
STATEMENT OF FACTS.
The bin alleges substantially as folows:-
The p.ntss are aliens and the defendants residents Of
~ sss r., name. npS. the SOSt. Burt holds Ger
ssS's, %;S' E1s Rs"ssy
which was preferred soes A Il has ssy.nssn S
Esrs :s :s:ss sss
or: Sras sas 3 81 Af sr sn
fori and Iints Eairoad Company. In February
o spd Of Lane new .nS stock their IL
ss 20 ss IN for a%
the sale OF the stock than they paid the company for the
os The other ssapsay city
The sanction Of ta. issue Of stock Is no. alleged .hai
could az r.s;
q:
ssS:a sssssSS 90 9 sss
''dsf' Pafsa.'1
Ds' s % e ous s's ol u Sr
and claim
S:aa: s:i~.9 es%ssSg sss S9
days earlier than a, usual ~. when Could Fst and Lane
Chs. Al time The stock consisted Of OVER
Gould and r:. sa 10, tho stock which stood their
Ne taass q u I
poS aoalds policy, and from S.. time until octobsT,
=: so%Ss$y ss,rsIy y Could.
turs FOR sss does not ACCOUNT for The proceeds 70 Of
nS%ins, ias5s.;. s:pis. The bonds
:5s ana
ss:s s.s: f.;
na1i Ss ss :y
sss s and part M Belonged 3 i. e..
ss s &: e
a. sf ss
dice OF the former The directors classified
S" was %sss ~
sonsy on ss when the E
ths passage present board wa. siecsd y
sn
defendants refused transfer 1910 shares
sopsy Of ns 's in
On End @ % a a Of
liz H.
S s Z sn nf sona %
Ina sils1 p " ersS. has
6. % svS not s
upon Information and belief he orators aege tina.
s & % a Of pS
up O them .. that the
s1a matter Of af fact ss IN sc Of .
Il e nss acted . aS a IN s M 70
nS :, ss oa oa s ,; e
election o the new board mee.inss Of the directors
sss s
% a S well Al the ssOp Of such
unchecked conifo Of the said Corporation, its funds and
-, hs orators. their information and belief .ess
Lane, their private and personal
and the orators believe, has been personally
ss 9, ''s:$s' .os ss as;
Company, holding their Offices at the pleasure Of Could Fisk
control Could Fisk Lans, only nominal
Az 's::
father Of the transfer clerk and himself clerk agent
George supply agent The Como onc
ts Of aS e Is +
Eisk and Lane except tha. he empoye the
saa
t.
5. Dven John Ganson and some others who are gentle
s1a 'ss sss sSsGs se'
a. such M s ss oe o
toIs believe and charge Their
sns :'Rss s
to nd
Lane e. they
me-, with
asd e s% q % %
% I Ds e
S s IF Nh s
ard that % ;ems diTec'oI:
sS: s. right
winch Or
By T. sn
company 6 wholly in tho hands said Gould Flax and
Of suit In hs name Of the company =. plaintiff .g.n.
t. praSss q: s Could ys and Ian. r.nd.
Ia account OF moneys received the
they became directors and OF x their
| the company's affairs.
Secoad-That they pay oil funds accounting
| Thid-Tbat they be oustcd from Office.
Four-Tbat the of bonds into stock and
/ the issue Of any stock be enjoined
FDh-Tha receiver Of the property OF the company be
| appointed. ~
S;1-That preliminary Injunction be granted 70 the
Same effect.
THE DEMURRER.
| The demurrer is substantially In the following
| termS:-
With the Erie Railway Company Jay Gould and Frederick
A. Lane 70 the bf of complaint John
Heath Edward Lewis Raphael, Henry Lewis Raphael VIII
liam Henry Queado. Eric Carrington Smith and Charles
| Burt compiainants:-
This defendant, not confessng acknowledging oil
matters In the bill TO be true demur thereto and
says that the companans have not by the bill made
entite them any discovery relief sought for
against defendant He further demurs appears
by the complain ants bill that John g. Eldrdgs Henry
Thompson, Levi Underwood, Joseph Bardswell Eben D.
Jordan and James g.. Whitney are necessary parties
bin that ali Of these persons were confederaies to
control OF the Erie railway Company By esmate