New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-08-17
THE COURTS.
.r,r AGAINST Mr.. vILLARD's COMPANY.

.,,rr AGAINST Mr.. VILLARD'S COMPANY.
A"a,rv srocKHoLDERs MAKE A COMPLAINT AND
DEMAND AN ACCOUNTING.
!. hill in equity was filed yesterday in the
- s,ates Circuit Court, in action by Spencer
oA the Trenton Banking Company and others. some
are members of the firms of Charles d. Barney
and E. X Smith & Co., against the Oregon Rail
~ a Navigation Company and Henry Willard The
",,,snts ore holders of stock of the Oregon steam
"-.rat,on Company. The allegations on which the
~ 4. based are nearly like those which suits have
n,ousht against the same defendants in the State
sns Court The complaint alleges that in 1879 the
ra, steam Navigation Company, which was engaged
w. n,sness OF transportation the Pacific Ocean
- tho Columbia River and adjacent waters, was in
,rons condition, owning twenty eight steamboats,
80. barges two railroad portages at the Cascades OF
~, ro,umbia and other property. The company had a
.-s.,,cal monopoly of the traffic business on the
r.u.,h,a River J. c. Answorth was the president Of
w. company The Oregon Steamship Company,
h,eh in 1879 ran a line of steamships between San
r.co and Portland, was under the control of Henry
na as the representative of creditors of the company
IA aoerward as part owner Of the stock. OnMay %,
900 the compliments alege President Ainsworh, OF
Az. Dragon Steamship Company, sold to Mr. Willard
ortrolliog interest-fourfths-of the stock of that
smpapy The payment was made partly in cash and
.srv in stock and bonds Of the Oregon
panUsy and Navigation Company, which was
,ganlzed by Mr. Willard In June, 1879 The
tsck of the Oregon Steamship Company was then sold
,o the Oregon Railway and Navigation Company at q
os which the comp ainants alege was $l66 OF the
urities of company 500 of the old company
IN, Of stock Of the Oregon
compauy was sold to the Oregon Railway and Navigation
Company ct about the rate. In order to exclude
IN, holders of the remaining oneth part of the stock
Of the Oregon Steam Navigation Company
from the benefits Of the increased bus
ness of the new company, the defendants endeavored
10 buy up the stock not under their control and also
undsr q law Of oregon the Steam Navigation Company
VISA dissolved on March 81 $780, and its property sold
10 the Railway and Navigation Company at less than its
real value The price fixed for the stock Of the Steam
Navigation Company was 46 cents the dollar. 1t is
further charged that the proceedings by which the de-
PENDANT the Oregon Railway ana Navigation Company,
pretsnded to the value of the Steam Navigation Com
psnys stock 46 cents on the dollar and To end the
right OF the orators to participate In the profits OF said
business device aud sham for the reason among
Others that in making the pretended purchase OF the
Oregon Steam Navigation Companys properly me ore
buyer seller and fixed the price at which 1t bought
and for the reason that saa price was grossly ana rdI
means of fraudulent scheme and was fixed for and was
not to the majority stockholders, to w.t. said Oregon
Railway and Navigation Company itself. Inc com
OF be declared Illegal and accounting made OF the
profits Of the property and franchises formerly held by
DRAWING LOTS IN THE SUPREME COURT.
An umpire was appointed yesterday in a
suit pending in the Supreme Court ia manner not usu-
ally adopted in court offs justice. The umpire was
Orlando B. Potter and he appointed by chance
using Justice Potter ts earthly instrument Robert
J. and Louisa M. Livingston many years ago let the
premises at Flfthave. and Forty second ST.
TO william II. Webb. for term
tanned provision for renewal for twentyone years at
rent to be fxed according to the value Of the prop
erty Arbrators appointed, by the landlords
and the other by Mr.. Webb The arbitrator for the
landlords thought the property worth $l50,000 while
the arbitrator for the tenant thought worth Jst
enehird Of that AS the arbitrator after great
delay could arorate the question in dispute suit
WAS begun by Mr.. LviR against Mr. Webb for the
purpose Of settling their differences.
The case up yesterday before Justice Potter in
the Supreme Court, Chambers. Ebridge T. Gerry APP
peared for the plaintiffs and G. 3. Hamn for Mr. Webb
The thing be done the selection OF umpire TO
settle the question of the present value OF the Vropery
Justice Potter advised the aIbratOrs To upon an
umpire The arbitrator retired into and at
tempted TO follow the advice of the Court. but
unable or unwilling do Mr. Gerry then suggested
that each Of the parties 10 the dispute should put two
names written upon slips OF paper into
hat and that the hat ana its contents
shOald be deferentially presented to Justice
Potter with request that he stretch torta his hand
put the haI, close IL upon slip OF paper only
which slip Of paper he should then draw forth FROM te
hat together with tbs hand TIE hand and paper having
been thus withcrawa from the hat Justice Potter
10 open his hand and read the name on me paper Mr.
HaIuin assensd this suggestion, and Justice Potter
said that as lie desired by the counsel on both
sides do he would for once make
. judicial appointment by chance Nh Gerry for the
purpose Of throwing many safeguards as possible
around thee In the discharge Of ls oerey meenan
heal act insisted that would be well TO have the slips
Of paper folded up Justice Potter gave his Judicial
approval 10 Mr. Gerry's caution, anu remarked that
"konest returns in this election " were desirable.
Az last the Of Frederick IL Cossett sr.. ana
George NJ. Miller written by Mr. Gerry slips OF
pape deposited la the hat. Mr. Hamiin put III the
hat the Of Orlando b. Potter snd T. :. Higgins
The hat presented to Justice Potter no. IN
order be III the least tempted turned his head Ear
side. The slip drawn from the het bore the name
Of Orlando B. Potter. Mr. Gerry proposed that tao
foregoing proceedings should be recltcd Ia the OFoe
appointing the imp This was OiJeatcd TO by MI
Hamlin The order will be settled TOMORROW.
THE SEQUEL TO FLIGHT WITH A LOVER.