The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-01-03

Elm GRovE RAILROAD ELEcTloN,-The
votes cast for directors OF the Elm Grove
Railroad at the meeting OF stockholders on
the lat inst, had not been counted up TO
the time our reporter called upon the
Judges yesterday. Mr.. John H. Ewing
WHO had the ballot box in his possession,
and who was one OF the judges OF election,
stated that he had not yet made up his
mind what he would do and preferred to
wait for instructions, although he was
satisfied that the vote ought to be counted.
MIR. A. McCabe one Of the directors;
stated subsequently that Mr.. Ewing had
agreed TO count the ballots, II Mr.. Brown,
the other Judge, would assist, and that a
note had been sent 10 Mr.. b. requesting
him to attend and complete the work.
Mr.. McCabe further stated that he. with
several other members OF the old Board,
had secured legal advice upon the ques.
ton OF the duty OF the tellers TO go on and
count the vote, aud II sustained their be:
lief that the telers should ascertain and
report the result at ohce. When APP
pointed regularly, such judges or tellers
had control OF the election and,whether
the meeting was declared to DO adjourned
or not, II was their business to go on and
carry II through to completion. II the
proper amount OF stock was voted 1t was a
legal election, and the persons found to
have the requisite number OF votes would
be the legal Directors Of the Company Tor
the ensuing year.
N As TO the presence ora quorum during
portion OF the proceedings, they were
advised that II the requisite amount ofstock
was represented at the beginning OF the
meeting, a quorum for the transaction OF
business was always supposed TO be pres
ent during the continuance OF the session,
whether q majority OF those in attendance
withdrew or not, until a call Of the house
showed the contrary. II only two pt rsons
remained II was not beyond possibility
that they represented nine-tenths oil the
stock, and were entitled TO adopt or reject
such resolutions as were offered. Hence
the vote on the resolution offered by Mr..
Tingle in the meeting referred to, was SUI
ficient to secure Its adoption unless
the failure 10 vote upon II
BY stock was defect. Whether the Board
OF Directors would be governed by 1t was
another question. For himself, Mr.. Nc
Gable thought that when the management
OF company Tas entrusted to board Of
directors, such board had the right to do
as it thought best in matters OF this kind.
II the stockholders did not like their
course they might decline to te.elect the
board. As 10 instructions provided Tor in
the bylaws that was another matter.
At the formation OF the company il
was provided that the Board of Di-
rectors should not mortgage the road
or issue its bonds for the purpose oil
raising money without the consent Of
the stockholders. This provision as well
as others contained in the bylaws con.
corning tho raising and expenditure oil
money, be- considered binding upon the
board, but as to resolutions like that Of
Mr.. Tingle's; passed in stockholders meet.
ing, after Directors were chosen, he con-
sidered that the Directors might bc gov
erned by them or not as they saw ut.
Enquiry at the office last night showed
that In all probability the vote on Direc
tors would be counted and the new board
announced to-day.