New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-03-07

convince any he not entirely knowing 20 the
factsi
Fisk and Courier started forthwith for Albany. and
arriving there found Mr.. Pruyn in possession Re
cciver appointed by the Court at Albany. Upon tele-
graphing this fact to Mr.. shearman the latter makes
affidavit that informed by telegraph that other Re
cevers endeavorng resist Courier and Fisk and
that he is informed and believes that their appoint
men made after that Of Fisk and Courier thcreupon
Judge Barnard without any things appearing as TO the
appointment, powers and proceedings OF Mr. Pruyn VINO
had been appointed by Court of competent jurisdcoh
and knowing nothing except what had been elegraphed
to Shearman. allows Chase to amend his complaint so az
to make Mr. Pruyn and the Sheriff and Police ComIns-
sioners of Albany parties defendant and then at once
parte and solely upon this Geographic information en-
joins Pruyn from acting Receiver or interfering WIN
the property which had been committed TO MS chaBe ny
the Court at Albany land from making any application
petition demand, request in or about MS auesou "
| ownership except 10 this Court in this action
That is on "a telegraphic dispatch Judge Bar
nard forbids Receiver about whom and the
! grounds Of whose appointment the papers pe
| fore him disclosed nothing) from applying 10
| the Court which appointed him. He further III the
same suit enjons Van Valkenburgh the plantn III the
Albany County suit in which Pruyn had been appointed
Receiver from proceeding in that suit. And there
were other similar provisions in the injunction order
! Upon the same papers Judge Barnard also granted
writ Of assistance directed to all the shers along the
line Of the SusQuchanna Railroad commanding them To
put Fisk ana Courier possession OF the property OF the
road and authorizing the Receivers Fisk and CourteD
to employ force be necessary TO resist any
attempts TO Dust them the property Of the Com
many When it is remembered that all this done
upOn an affidavit OF Mr. Sherman, which merely states
that he is informed by telegram that certain
persons are interfering with Fisk and Courier. IL
viii incredible to those who not familiar with
the proceedings in the in which Fisk Gould
parties am Sir Fields counsel Instead of applying to
the Judges IN Albany all men OF high character to con
troll their Receiver and 90 protect Fisk Courier
il they had any legal rights IN the premises these in
functions and wrts Of assistance must he teegraphed
for and obtained from Judge Barnard. And not only
that Gi te Injunction and tie trr Of assistance
actually tcicgr0Ihcd to Aibdny, and attempted to be ere
eeUted by The sheriff, al the request Of the Fisk
party, screrai hours before the trrits did coUld
hare renched Ai5aHg Fisk arrived at Albany early
Aug. Sherman, the kilograms, obtained the in
functions and wrts OF assistance some time between II
q. H. and D. IN. ana telcgraphed them up. The Sheriff
of Albany County actually appeared az the Company
Offices % execute the writs at about p. Of The
same day. TIE Court at Albany having granted
a stay Of proceedings of these telesraphc iniunc-
tions and writs OF assistance until their valid
ity could be examined into Mr.. Justice Barnard
er pqre sets aside the stay and orders the Sheriff
to proceed aud put Fisk into PROFESSIONALISM he
tried do until the rotng and disturbance became so
violent that the Governor inergered and took posses
sion Of the road.
Judge Smith thus speaks OF the suits of Wilbur and
Chase-and udicaly finds that they not brought in
good faith, but to affect the coming election Of directors
He says:
THE next frqwdlieat proceedings which seem
directed TO affect the election, the suits Of David VII
bur, i'm one Of which an Injunction Issued restraining
the dcehIahl, I"Sel' from aCIhE ~ vi su
Railroad Company, which suit was followed ~ another
suit the next day, August G, i'm which AFRO Chase was
paWuh, ana the corporation ana 0lIeIS ehin'S, 1T
which am Injunction issued, and James Fisk, lr and
Soiitd Tcry g d rSilosd Ike sppointment Of
Fisk and Courier receivers of the said railroad and
objection made In the appointment of Fuller receiver
in the suit Of Bush and Groesbec. aud following the
suits above mentioned It TO must have been
applied for and procured a. it was - parte, IN order
o. affect the election by giving Mesors FISK ana Courier
the advantage OF The immediate possession OF the SAID
road. and The control Of It's affairs It's books papers and
property"
TIenext suit which Mcssrs Field and Sherman brought
i'm the premises that Of Stanton Courier against the
Railroad Company and others to euion Messrs. Hand
Iat.rap and Haskell who in 1861 had been chosen in
pceors OF the election OF 1869, from acting This in
junction i'm itself cannot be complained OF, but it the
motive with which it obtained and used which con-
stitutes the fraud The motre with which it OBJ
tanned appears from the fact that, though it OBJ
tanned and in the possession Of Fsks attorneys the day
before vet it was not served until 40 minutes before
the election as Mr.. Sherman himself testifes, and was
evidently intended surprise upon the other party by
leaving the meeting without inspectors. This would re-
quire meeting stockholders TO choose inspectors be-
fore the election Of directors could he proceeded with,
and the party which prepared beforehand for this
state Of things would have great advantage over those
upon whom the removal of the inspectors suddenly
sprung.
OF the use made Of this Injunction, Judge Smith says
''The use that was made Of this injunction is think,
the more serious ground OF objection 10 IT, II u tau
been procured and served day or two Mt least before
the time liked Tor the election it could have done no n
ticul'r injury nor created any special surprise 10 aHe.I
the election II in the possession OF one OF inc az
t0rneys and counsel acting for Mr. tlSE on me sNehns
of the Gth OF september. III was tAhe1 aouut Iu .Ao
meeting held the same evening at the DeleYh mouse,
bv Mr. Fisk and his friends and one OF the resolutions
drawn up f0i Adoption az thc IN &
held the next day stated that the inspectors had ncen
eniOned, ana the whole scheme Of operations or FISK
and his party for the next daN ana Ihe he'e's! ~,
stockholders meeting depended upon tha TACT ana NC
spp1sed such service The procuring and keeping back
MS ininnctOn and serving 10 at the time ana IN the
mise Tp5n the great body Of stockholders OF the cor
poration.s They had no reason TO expect that sara
reted by their removal or decnation TO act by the
canaot be c0nsidcred otherwise Ha scheme coHfIted
and dessed 70 take an unfair ant iJTOg9 adga"tage
CS Filci b6dcrs not IN me interest NJ r. FISK, az Te
spcct u he conduct of the said eiect'o".'
Mr.. Field participated in the meeting of the Fisk party
at the Deavan House (of which Judge Smith speahs),
and assisted in preparing the resolution referred TO-
The next movement of the Fisk party was to arrest
Mr. Smith, the leading legal adviser of Mr. Ramsey
Mr. Ramsey and Mr.. Phelps the Treasurer, few min
utes before the election began a charge Of removing
the books Of the Company. The order OF arrest was
signed by Judge Barnard and held the persons named
TO bail in $4,000 each; and the object OF II was as tohd
by Judge Smith, TO Ramsey and his counsel from
the eeconit being served the Judge finds, just as
the election about TO begin. This suit brought,
in the name of the Albany and susquehanna Railroad,
by Field & Sherman; and Of Fisks want Of authority
TO bring the suit and the motive with which it
brought, Judge smith says:
Fisk and Courier therefore had right TO institute
this in the Of the Albany and Susquehanna
Railroad Company, and the order OF arrest unau
thorzcd But assuming II TO be otherwise, the order 20