The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-27

suffer rreparaDle loss and damage. In this ne
hali the piaintn alleges, by Way Of recapltua-
ton, that. aGmlttlng that all and singular the
acts herenbefore complained or as uHrd uFes
anu unlaw N, were done ana performed In good
lalth bY tle sand company and tine directors
thereof, the pianttn nevertheless insists thal
sucn aefs we're contrary Ii Jaw and in violation OF
the charter OF the said company and constitute
just cause Tor the forfeiture Of the franchises oi
the SAID company; that the Insolvency OF the
- 600 employees, who have threatened TO leave
II not paid, thus exposing tue properly
thereof to imminent danger OF waste and destruc-
ton, but 20 rue additional danger lrom laHless
violence ~ the hands OF o large BODY OF sunerlng
and eNasperated men. lhat by reason OF the
premises many ana valuable leases held as alore-
sad by he saiu company are liable 10 oe or-
fe,ted and lost oy and IN consequence OF tue non
payment OF renl, 10 the great prejudice OF me
said company, IT'S creditors ANA the people oi
this state. the com AM Is nominally governed
~ an enormous capital stock, which rep
subject TO the power and eaprtceS OF SPECTATORS
VINO naya no real interest ~ its welfare and may
be greatly benefited by It's bankruptcy The At
torney General then states mat road IL op-
pressed by an enormous MORTGAGE debt OF winch
lent, and t2at further payment oi such ooh,
CATIONS except Tor wages, services and
TIE company being on the eve Of being ouliged TO
STOP payment OF INT crest on SAID mortgage ooHds.
II + expected that a mntpiieliy OF perpieXlng
actions VIII ensue. N eonciusion lhe plain
I'm lurther says that he premises con-
sdersd, the said corporation. the Erie
intent anu meaning OF the statute liable 10
be dissolved, and should be dissolved am wound
up and the plaintiff prays judgment accordingly
and tnat In the meantime, and while sucn
proceedings are being haa AID taken IN the
premises us are required by law and the
character and situation OF the said COM
pany, receiver may he appointed TO take,
hold ana possess, under the immediate authority
aua direction OF tins Court III anu singular, the
Franchises, property, railroad ana appnrtenanceS
OF the said company, including, 30 FAR as need ne,
the books, papers and records OF the SAID COM
pany, with lull power ana authority 10 run ana
operate the SAID road aud preserve and protect
the said franchises and property and preserve the
corporate organization ana existence ol tne
SAID Company. 50 lar as ne may DC aole
so 20 do, tn the final Judgment and decree IN
this action ana with such other and general
powers as 1t Is usual and IN accordance with the
rules ana practice Of this Court 70 CONFER upon re-
IN Ike cases, with pc yer, In order 10 pre-
serve the said subject matter. aud 10 perform his
dates and 10 prevent the sacrifice OF securities
pledged Ior the payment Of deDts, TO borrow
money from tlme TO time on the pledge OF the
property OF the said company ana the rents, reve-
nues and income the col, subject at all times TO
premises. rnat an injunction mas issue, re-
stralnlng the defendants respectively who are
trustees under mortgages heretofore executed oy
the said company nom commencing or prosecut-
Ing any other suits or actions against the SAID
company. ana from interfering In any other
manner with the SAID company or the
properly and franchises thereof, and that
all other persons may be so restrained
ard eni0lned rom time 10 time, wnen
aud II shall require, on their oelng made
defendants IN TINS aellon. And tnat the SAID de-
PENDANT the Erie Railway Company, may be re-
strained and eniotned by the IKE order OF this
Court from the payment OF any interest on any OF
the mortgage bonds OF the said company herein
before referred 10, until the further order
or this Court IN the premises. That an ac-
count NAV be had ana taken OF and concerning
all and singular the matters and things In respect
whereof an account mas been neretnoei0re PRAYED
for 10 the end that what appertalns 10 equity may
hao,lites Of the said corporation may be mar
shaled, the amount or the just debts and
obligations may be ascertained and deter.
mned, and also the respective order and
PRIOR 7 thereof in point OF lien. and
the amount ana extent OF sucn lien, and that the
property or the sau company OF all KINDS, incud-
lug the franchises thereof liable TO sale. may be
sod AT such time. under sucn circumstances and
in such m amer as Will best preserve and promote
public interest and the interest OF the creditors
of the sad company, and the proceeds distri-
buted In such manner as viii best preserve
est oil The creditors OF the said company ana the
proceeds distributed IN such manner as may be
Just and equitable, and that then and thereupon
tna said corporation may be dissolved and wound
up Dy the 1na judgment and decree OF this Court.
That IN the meantime Hugh J. Jewett, who Is now
President Of tae sad company may oe appointed
sneh receiver as Aforesaid, with the power and
authority Aforesaid.
special term q ne s9pPeme Court OF the state Of
New York. held the Court House in the city
or pohe o h as ns may PEOPLE " me sas
New York. palnun. against the Erie hallway Company
the psins n this cause having been made Tor leave to
ns ana o eys 70 die ann amedea aa
mental omplaint ant also or the appointment q re-
Railway according 10 the statute In such cases made
as IN Ss maoa papss herein viii July ana large
appear ana ne ssd motion now coming on % be heard
aud Wilbur A. Brown, 81 counsel Tor tue people IN this
beh III duly delegated By the Attorney General appear
endanL The Ere Railway Company a well As the other
Dc endants who have neen served and have appeared
farand tner attorneys IN ths ae9n expressly waived
mited due aud legal notice and service o. the motion
Vow, therefore on the proposed amended papers
the pro9qsed amended aud EXPERIMENTAL complaint
N Brown, So and or motion o. the SAID Wilbur "
brown q counsel Ior he plaintiffs and aier hearing
RAILWAY Company aud the aforesaid other Defendants
orseredFr that the summons IN ms action Oe aud
the hereby anne del a. prayed Tor second, that
amended ana supplemental co npaint this action,
a. na the na said ad
comp aat having been da.y hiea, 4 Is further
Erie hallway Company. he and he IS hereby appointed
81 as r M na Re & s co@eany
oned ana described In the complaint in thus action and
apperalniug ana Of all records books papers and
the business hereof and Necessary % enable him
properly and effcienty . perform me duties imposed
m performance MS duties As receiver N the promises
sucency BY Of the justices OF this curt
snd that On tn hng u sdeh bond ne enter forthwith
And Il Is further orderel-first soon may be
sufsss H. sad receiver sasi maks AMI nIs with me
clerk of this court true fall and complete inventory q
personal aad mixed al which appolnte receiver
second. said s1aa the operation
OF the "a road the ordinary usual
same l. now operated the carnage Of
regh. passengers having due regard 10 the public
AMI the aec0mm odatiOn Of the public and
ing premises anu property, bofn real and personal
good llsiOn repair, 10 the end that the ssid
roa may efficiently operated with safety and
venleuce The puDie. To ths same end shat frym
time employ AMI discharge all needfnl LABOR.
ers servants agents SHAH purchase pay tor
all such needtui material and supplies as may
him be necessary and proper in the exercise
OF 4 sounI secretion. win leave apply Court
IRON tune 10 ine as he may b. advised Tor directions
in tue premises He shall tile aud adjust according
and the usual OF business. all Oufstand.
ng tranc balances with 0tner railroads apd hke bal.
auces from time % time nav arise. And he SHALL
have bower 10 All usual necessary and proper
arrangements the interchange business the way
Of trafdc arrangements and he shall power gene
rally do and perform all things usual anu proper,
according tn rules and " good railroad man
aaement % increase the busin OF the said road
am promote the convenience u the public. He
shall have power prosecute defend without the
furtner order this all existing actions By
against SAID company and 70 pay and eefray usual
aud ordinary expens incident there snail have
power commence AM prosecute any actous which In
tne business he deem IL proper and
necessary commence hereafter either the Of
the said company his name receiver, as
he may be advised. lie shal have fu power defend
any all that may hereafter brought against
the sAi1 company against himself such receiver by
permission OF this Court ana dsfray necessary
An. Url M