The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-18

ton that any stock hoder sentited and the follow
the BOARD on 18th OF November is7{ III was re-
Of Boari that he shoud give at his eros, sxamna-
ton every y, IN ms power about the company
csedings In amerea' but IN hroaueig documents he
ton the counsel o. the company upon their own
potea by the asnees Mr. G. atan Who
rendered ms resSnalion director 70 remain upon the
under all the CIRCUMSTANCES the Directors hope that the
the prosecute OF such proceedings may advised.
and sso in SPeSsns he for n wnSas up e
have the effect Of stepping such action ana rendering
Os'n 'n'u''s' III AA''' W I H. fMoS6KER Secretary
LETTER OF COUNSEL
In connection with the above circular there was was
also submitted the following letter OF MT.
Der 10. 1874 to Mr. Albert Turner the company's
London solicitor. which explains ITSELF
DEAR Mr. TgnNE TER ' you first arrived in this
i6n we should PROBABLY be ABLE prosssate success;
ia The sale OF the Emma Mine to your company. N1-
meroIs aeS and ere then well enongh
10 constitute legal prSo tended to create
ceived and successally cxecuted The sse however,
did not contain facts enough TO establish IL ana the
rtaned colated examined. Indeed, this could
deiatigab energy Com Geo Gardiner and yourself,
ana your intese nt appreea' OF tue maefia NETS
TALLY the entire history Of the scheme and OF legal eyi-
execution, winch only needs be in regal form
% S S Which, M ma a spen onsh ae
result acton 90 fS5 hesitate 70 s say to
70 1r y0u & s" ard
tell you that unity and harmony in the councils OF the
sGmpany ana nne dn SP h r pSsy
ton Of proof and preparaon for trial WIZ be- a. on
strong ana constant support Of clients the
IRON the tact that there is probably scheme or de-
to in order to defeat the action fathaiy yours
on
The points urged Tor The motion by Mr.. Chitten-
den were that the statute authorizes the court 10
make all order upon the palntlI1s lor security In
such an amount as viii insure TO tue defendants the
payment OF all their costs II they recover IN the
OF all he defendants; tnat the plainJihs are Tor.
eign corporation, having no property within the
jurisdiction OF the Court, and that the defendants
have no security Tor their costs beyond the order
that the Court shall make in the premises. 1t was
urged, further, that this is an action IN which Jne
plaintiffs claim Il recovery larger probably IN
amount than any other action now pending lu
thls court: that 1t involves not only the fortunes
OIL all the defendants, but their characters and
represen tatlons, and that the defendants have no
alternative II they would preserve either their
fortunes or their character than meet these
allegations OF fraud aud have the Issues found
by Jury. Ii is also stated tnat the present suit
was brought more than three years after the sale
OF the mine: that they were fully and truly in
formed OF all the facts III relation to the mine
PRIOR to the sale; that tney worked the mine ana
the shareholders, and alter twelve months exam
NATION and experience expressed their en'lre
dent OF the company wrote TO the defendant
park letter, dated at SAT- Lake. september o.
1872, IN which he says:-l think 1t Is quite 1mpos
sipie for any to go through Without iUll con-
vlcton that 1t Is a mine or immense wealth and
that we are IN possession of splendid property"
In the course OF further remarks counsel stated
that there are some 1900 shareholders the taking
or whose testimony viii involve large expense,
and that the discovery, history, production
and appearances OF the mine at the
time. OF the sale are all involved in
the issues ana requiring testimony OF miners and
mining experts in Utah. Upon this state oil facts
1t was insisted tnat security IN a sum not less
than Sl00, 900 should be required OF the plainti1s
Mr.. Mcfarland, in opposition, insisted that the
amount OF security asked was unprecedented and
not all required under the circumstances OF the
case. He urged this with great Iorce aud cited
numerous authorities support OF his argument.
THE RESULT.
Judge Donohue, having heard the papers read
as given above and the arguments OF counsel,
took the papers, together with The briefs OF
counsel, Tor more extended examination and re.
view oil the case. He gave mis- decision shortly
alterward, fixing the security at $1,000. and
directed an order to be entered TO this eject