The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-08-25

AT 10 o'clock yesterday morning DIT.
Charles u. Williams, Of counsel Tor the
Hsshmond and Allegheny Railroad Com
psny, appeared before Judge George ~
chr,s,,an. OF toe Hastings Court, WIN
N. demurrer and answer 10 the application
made by Geor re b. Harrison, Eco, Tor an
tni.nesion. The Injunction sought for Is
N restrain said Richmond and Allegheny
Railroad Company from consolidating
with the Ohio Central and Atlantic and
Northwestern Railroad Companies, or II
said consolidation be found legal, then TO
restrain said consolidated company from
sssuipg the bonds, stocks, &c, proposed.
Mr.. williams, In bis answer signed by
President French, denies that hr. Harrison
q in position TO ask for the Interference Of
abe Court, or, II he IL, that the grounds be
advances are suf1ceut for said interference.
he denies that the company ever has treat
ed. or ever contemplated treating, soy OF
sls stockholders inequi.shiy. While admit
tlng that u proposes 10 consolidate with the
companies usmed, IL Is "advised that Its
mans in this behsH can only beconsun'
me,ed after they have been sanctioned by
the Legislature OF Virginia"
Mr.. Harrison, the complainant, who Is a
member OF The Law 1rm Of Harrison Bur-
well. asked for fine TO read the demurrer
and answer. Mr.. Williams said he was
resdy TO 20 on now, but tbst he bad no OBJ
section 10 a reasonable delay. Tbereupon
farther hearing was continued 10 Friday
morning At 10 o'clock.
The Demurrer and Answer.
The Demurrer and Answer OF the Rich
mond and Alleghsny Railroad Company
foablll OF complsIDt flied against II and
others in ibe Chspcery Court OF the city
Of Richmond by George Il. Harrison:
The respondent demurs to the ssid bill,
and saws that the same Is not sufficient In
law, and not waving is said demurrer but
insisting on the same. In answer TO said
bill. or so much thereof a. IL IL advised II Is
material for It 10 snswer, ssys:
That the complainant is not, so fer as this
respondent knows or believes, holder or
owner OF any Of the stock OF the Richmond
and Allegheny Railroad Company, and this
respondent calls for the production by the
complainant OF the certificate OF such own
ership, " any the complainant has. This
respondent believes the said complainant to
be
TBK holder OF 4 CERTIFICATE
from the Mercantile Trust Company OF New
York, known as the Richmond and Ale
Qbany Railroad Company stock trust certiti-
cate, which wss issued 10 some one 10 this
respondent unknown and subsequently
bought by saId complainant. but never
transferred to him upon the books OF the
said Mercantile Trust Company OF New
York. The said certificate was issued in
accordance with the provisions and terms OF
a certain agreement, dated December 20,
1880, 10 which this respondent was not in
eny wise a party, between Samuel Sbetbar,
james Il. Closson, and others-a copy Of
which Is herewith filed as part OF this an
syer, marked "Exhibit A."
Any right, title, interest, or claim which
the said complainant, as assignee OF the GER
tiflcste Of the Mercantile Trust Company
aforesaid, has, Is
SUBJECT TO THB TERMS
OF said agreement, which Is so expressed
upon The face OF said certificate, and is q
matter In which this respondent Is not con-
cerned. This respondent admits that II was
chartered by the General Assembly OF Vr-
ginia with very valuable rights, PRIVILEGES,
and franchises, among them the right TO
acquire the rights Of the James River and
Ksnawha Canal Company; that 1t did &C.
Quire them, and that The stock in the re-
spondent company has been and Is now
valuable, but OF what value said stock now
IL, or was IN the early psrt OF June, 1881,
this respondent Is not advised. Said
STOCK HAS BEEN SUBJECT TO FLUCTUATIONS
In price from time to time, as all other
hoo Aur a..
but this has proceeded from causes indie
pendent Of any action on the part OF this
respondent or its officers, agents, &C., and
quite without reference 10 the actual in
frinsic value OF said stock, which 10 worth
as much at this time per share as ct any
former time, and bids fair TO increase greatly
10 value upon the accomplishment Of The
plans OF this respondent, which will GER
tainly ensue unless their success is i'm
pefiled by such efforts at interference as
that now made by the complainant shalt
prevent H.
This company Is fully advised Of the
LIMITATIONS IMPOSED
upon II by It's charter and The general laws
OF the State OF Virginia, and has In DO way
exceeded the powers conferred upon II by
law.
N LA> frs1t0 llb StOfG hDU DOnCo hs pro-
viued Ia lie charter, &c, and has given the
mortgages for the security OF said bonds
strictly Ia accordance with the powers con.
ferred, as sforesaid, aud It Is expressly
deaaed 10 be the psrpose of this re-
epoDdeat, o. ever 10 have been Its iaten.
tiof, toissse any stock or bond or by mort.
gage or otherwise to creste any lien or 10.
eumbrsace apon lis property not author
ixed by law.
Thh sespoQdent admits that It hiss IN
contemplation plans Ter a consolidation
with the sOsiN Central and Atlantic and
NnrtbmesseF1 Railroad Companies, bat IL
Is a<lcised thst its plans an this behslf con
Only BE- consummated after they have baen
aenetisaed By tte Legislature OF Virgsnia.
NEnussss OF Tue AIRscroRs
sn6 Stockholders OF this respondent com-
pany AAge been beid from time to time In
aeeesdsAee vita tbe charter, constitution,
and bFfiaws OF the com@sny, at which
these p&ans wers discussed and an sgree-
Dent sesSehed. A copy OF etc proceedings
Of the directors and stockholders and of
sid sHre3ment are died as g part hereof,
marked Exhibit b. q, and ID.
Tae p4ooeedings OF the stockholders were
faDessoI8ed by the legal vote OF a very large
snsforlfy Cd the sleek, whics .syas repre-.
senisN by toe owners in person or by proxy,
and %Oi oEe negative vote was east against
th,f proceedings had aud the conclusions
ffescaed Legal notice OF aII meetings OF
stockholders vas given, and n GAe com.
pisinant was a stockholder, IL was his right
40 haye sftsnded the meetings and 60 have
voted against these proceedings IL net such
- his judgment approved. This respon.
dent denies thss is hss done, or inksnds
70 Go,
ANT ACT WHICH n ILLEGAL
or negotiable. and especially that any se.
vaptsse has Deeb given, or In the future is