The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-08-27

THE APPLICATION FOR AN INJUNCTION AGAINST
THE RICHMOND AND ALLRGHAEY RAILROAD
COMPANY TO PRRvsNT CONSOLIDATION, &C.,
WITHDRAWN.
Yesterday morning Judge g. l.. Christian
took his seat on the bench OF the Hastings
Court TO hear argument upon the applica-
tion TOR an Injunction made by Harrison &
Burwell for George b. Harrison, against
the Richmond and Allegheny Railroad Com
pany. An Injunction was desired to pre-
vent the consolidation OF the Richmond and
Allegheny railroad With the Ohio Central
and the Atlantic and Northwestern rail-
roads; or IL said consolidation should be
found 10 be legal, then to restrain tbe con-
soldated company from Isl uing the bonds
and stocks proposed. Mr.. HsrrIsOn APP
pesred for himself and Mr.. Charles u. Will
llams for the Richmond and Allegheny
Company.
Upon the Judge asking counsel 10 pro-
sesd. Mr.. Harrison said:
Msy IL please Jour HoDor, passing by the
utter inRdmissibiliIy 10 evidence OF letters
containing offers OF compromises Gresn-
leaf XIV. s. 1o2, and Note 2, citing SIR John
HomIlIy, Master OF the Rolls. In Jones us.
Foxall, 13 Eng. Law aud EQ.. 1k0-145-
and the turther fact that the Richmsnd
and Allegheny Company has introduced no
evidence that your Honor can consider, for.
In the words OF Moncure, j., delivering the
opinion. OF the Court Of Appeals 10 Bslti.
more and Ohio Railroad Company Us. City
OF Wheeling, 10 Graft, o2, "Tbe answer Of
a corporation, not being verified by affida-
Wit, Is no evidence for the defendant,
though responsive to the bill"
Tue answer OF the Richmond and Allie
ghsny railroad "denies that any ini0rmR-
ton concerning its affairs has been denied
to or withheld from its stockholders"
And asserts that
"TDe reflection upon the bona fdes OF
the action OF the parties named in the bill
In this connection consolidated loau) was
entirely unwarranted by the facts, which
,oers easily obtainG6te by any person sAps-
bic OF an intelligent investigation and With
the patience to make it,"
A comparison OF our letters with the re-
plies Of Mr.. Secretary Leland. now pro-
duced, will show that although specially
requested he would not furnish US with the
names Of the pool trustees or the terms Of
the consolidation contract, though II was
10 print. He said. however, that it was
subject 10 Inspection In New York. For
what he did furnish us we returned our
th1Rks.
The letters 10 the Mercantile Trust Com
pany and their replies show that we endea-
vored to oDtsin q copy OF the pool agree
ment, or to inspect IL, bot we're refused.
That we were referred to hessrs Alexan-
der and Greer, counsel for the railroad and
the pool trustees, to whom We wrote, and
from whom we have never received any re-
ply, though other OF our letters which were
referred 10 them ss counsel for the railroad
company have been published TO the world.
From neither railroad company, hercan-
tile Trust Company, pool trustees, or soun-
sci for all, were we able to obtain the papers
we asked for.
Even q cursory examination Of the bill
viii show that it Is very largely a bill for
discovery OF the papers we sought TO
obtain, and which now through the sound,
legal Judgment OF the counsel here have
been produced. We think we can safely
say that had those papers been furnished
us the Richmond and Allegheny Company
would have been saved the trouble of this
suit. Assured by the answer Of the COM
papy that the stock "is worth as much at
this time per share as at any former time,
and bids fair to Increase greatly 10 value
upon the accomplishment OF the plans OF
this respondent, which will certainly en-
sue" By the guarantee now given to the
public that il will not do "sny act which is
Illegal or inequitabIe,S and by the uberiina
fdes OF the line OF conduct proposed 10 the
answer and likewise published; but espe-
cialIy because one of the principal objects
OF the bill to require the production of the
pspers has been now fully accomplished,
with the request that the counsel for the
compapy will give us the said papers pro-
duced, except the letters, which the com
psny r welcome to; and thanking your
Honor for your kind attention, we with
draw the notice and motion.
Mr.. Williams promised TO furnish copies
OF the papers wanted.
AND thereupon the parties went out OF
court.