New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-03-13

Ike mari In such meeting with tho most quiet ana re-
encc,abl, sockholder. Tle Ramsey party did
themselves bring Into the building largo
nr,nl.r Of rougus and disordcrly men, and they
,1 in reserve also large number waiting in the Com
natvs shops to take part In any disturbance The story
,ori fee OF si0O)) Il sheer flbrioIi!ol Who ftl
icof al H. and where did y0Ur correspondent obtain his
fose informatlonl Indeed, when went 10 Albany tho
evening before it was not my Intention TO atonl the
election II al. But arriving there, informed that
arrangements had been made Tor the attendance OF
sci On both sides, ami went to tho olco OF the Com
pany shortly before noon, lgehcr with Judge Paror aal
NJ Shearman, counsel The Clurch se and met there
the counsel OF tie Ramsey party Jiiye Allen, judge Por
ter Nr Vale, FIR Vandcrpoc and othcIs / am no
moro responsible for the Introduction OF improper per-
sons II any sneh were there, the side OF Mr FISK
than Judge Allen and his assocIto counsel rcspOn
sibe for the presence Of tho crowds of rough and.
I'm informed, armed mon who attended o. tho Ramsey
side, and who made MI tho disturbance that Inado
at that election.
The sixth and seventh charges may be considered to-
cethcr The substance OF item Is, that in the Of
Ramsey agt. Ere succeeded by subicrflgc in tying
the plaintiffs hands and then forcing him to trial with
his hands ted and for that purpose, began on utterly
grOundess and unlst suit kept IL on foot year or
more wien it al served IT. purpose, 1t brought
to trial only TO he instantly dismissed for want OF evil
dcucc. My is that tho suit OF Ramsey against
the Erie Company was. in it, origin and modes Of pro-
cedure. nagitous to the last degree; that ialunc
ton in countcrsut was thought necessary,
owing. among other things, to the misconduct BY
which Ramsey5 attorney appointed the attorney TO act
against him and sought to exclude others that wo re-
sorted TO no subterfugo, procured fllgous order
brought the su TO tr.a rs soon rs VIC could and Oil
not abandon it for want OF evidence II seems incrc8
ibo that intelligent and unbiased persons should look
upon the Ramsey sni and its manner OF prosecution
with any degree OF favor. rpon the couner-sit with
disfavor An injunction in an equity suit 20 restrain an
equity suit is well L0wa il English Jurlprud uce
In the SusquehaEnG several Ljurcdcis woc Issue
adversely 10 my client 10 put top to suits in equity
But however courts and lawyers may dGcr anoa such
i1iunctloD the OILY question IN the sen. ca3c cno
OF good faith and that I affirm positively as Affirm
alton be made.
Ivoull be here as specific my space viii permit
and yet can give only cotGin facts with few refer
cnccs to dates. Tic su.t OF Ramsey agt Eric was begun
on lie 23 OF November 1919, Ave daJ before the tfial
Of tie snsquohanna to come on az Rochester
and was 10 doubt intended among other thing, t.
cbarlass my clients ia Tie trial II Tint cau3c. 10 VIII
be remembered that Ramsey was not until few day
before either 10cLEoCcr or creditor OF Tire Lie Com
pany, and that lie entered into the litigation not
for the bona Gde purpose 81 determining rights hrt
for revenge ana FOR this purpose got b.oicr
10 advance the money anil buy ten shares
Of Preferred stock three shares Of Common stock, two
Sterling bonds and four oer bonds IN order TO bring
tic suit and that in this siam proceeding. an or.or
er pcre was obtained in Delhi Of the most difficult
places in the STATE 70 reach 10 suspend eight Directors
euiorns them from acting ndthe Company from rcco-
nizing item, AID appointing Receiver, tho Receiver
appointed heinz tho broker who had made The purchase
Your correspondent Gays that this Receiver was
not 10 act unless tic ursUspcndci members
OF the Board NEGLECTED to meet. That "a not
80. In any event DC was t. act az
special receiver with most extraordinary and undc-
Il Hrfs snUs l.
flying TO tire for tho ting, he 10 he eenoial
receiver OF tie Company, having property OF over
s50C9CcO and employing over -oCJ) ncn Il lat order
had been carried out. the Company TOId have fa'cI
The same DAY. At The tine OF service III L1tcn sot Af
Runllc to giyc notice Of appearance for the Company
Why should the plaintiff attorney retain the attorney
for the defcnsc Mr. Eaton says he supposed he was
authorized by m Owen. NJ. DiycI does uot say so
Bat n were So thardocs not help tie matter mitch
Why was Mr. Rumble selected Rlmscy's so.inla" was
Inf; brother and nc was defending Iit brought by the
epcaplei And II everything fair why Az nos MI
Eaton give up his name when lie was ashedf You're
member that he not only refused to receive Field and
shearmans appearance because another attorney had ap
reared but re fused TO say who the other attorney was
An Injunction was thought necessary, and in my opin-
ion was necessary prevent the execution OF these
destructive powers by this brohor-rccoycr' and to
prevent the attorney Thus foi'ted upon the
Comp,ny from assuming 10 act for II ana keeping
bad rs mi -ht he Rlmscy's s lad no right to force
HIN 70 trial with his hands tcl AMI that did so force
him II had done sO it might perhaps not have been
thought extremely hrinou, for the same reason Tor
which you would not be VERY nice IT. dealing win q
highwaynan. Brit did not force him 10 trial with his
hands tied. Tc INJUNCTION was obtaincd on tic 18th u
frmuel bv him Up t. the 18th ~ December we sought
10 enforce IT, but afcrward gave up the attcGps n
dcsplir Al proceedings to punish FOR dl,ODcdlecc
o; the Injunction were for disobcdcncc on or before iho
18th Of December Ramsey seems never 20 have ftgrhed
once before Judge Bacom, when he objected 10 GO'g on
with motion, because he had been ejoinec, ah once
lion which was Ovcrulcd; and AGAIN before Judge Bur
hHu w., III ,.,,r,liaJ ms NOT thsnudmg This IN
upon the ORIGINAL, aud afterwart upon an 4monded
Az order IF, Judge Murray that &c might proceed ~
fhc acon in such manner he should be advised and
on the sth of February on the occasion Oh an a1lOur-
Incnt of motion In hs very suit Of Eric agt Ramsey,
we were OBLIGED 60 obtain new order, that uh tue
decision OF that motion he should not proceed IN MS own
case the decision being made in i've days Ater"ili:
Besides, our notice Of trial was waiver Oh
auy Injunction might seck TO enforce
against him in respect to it. But he said he was aiTaid
to prepare for trial. for fear ne Womb DC u.hf h %
not this transparent snbterfugef Could NOT nls cou
sci prepare their briefs Could not his witnesses DC
them and they attended But he says he wanted TO ex
anime the Coinpany's books. Why hen when the trial
was rst moved on upon the 5h Of October, did he not
make motion for an examination But Wheh me oauso
was moved second time, upon the GOTH OF October, The
"atyrr Of the Injunction That would satisfy him.
Then on the 25th they rendered him again 20 Jays
sut agans him dismissed. and with II fell all pre-
vios orders and iiunctiODs. From that time 10 Jni
ary 40 DAYS IT least, he unTammeled ana during
that time he applied for examination Of the books To
Judge Ingrahan who refused the application But why
elonld le need the books His complaint was most
minute and circumstantia covering $40 iolios When
he began the suit he lad evidence Of the
fact alleged, or no had not. II he had, he
could have produced It; II he had not, the
more scandal0us and unwarrantabe were all his
procceding- In short he had played DO fouy both In
The Susquehanna suit and la this, that he could clam
mo syinpathy and entitled to indulgence. 80, at
lea we tho counsel of the Company thought. aud upon
thai theory acted, satisfied that we acted according
10 honor and conscience. plaintiff who, upon ca,isc
of action thus obtained for the purpose OF creeping
nt0 court Of equity that he g by an abuse OF us pro-
ccsses achieve not the fruits OF an honest gauO out
the nurpnse of revenge was entitled In court of