Daily Republican., 1884-12-01
0FTHE ARGUMENT.
TA. APPLICATION FO9 A WHIT
/. OF MAN DAN Ue-AM In
~ , lfA.lHG0E&TlN q CA AoK.

with Chief Justice Comegys and Asso
.cist4i Jastiees WOdtten and Houston
on thA bepah; There were very few
spectatofs psssSnf, Mi was pretty wei
known, by thqSs Sbgl generally congre
gate In the sutttodhk >that the after
noon1anaId b3 /coha1ReAA In argument
on the application Of fDSvtfM Richard
son, Of Detroit, forla wilt of manda.
mus, to compel william H. Swift Of the
Diamond State Match Company to pro
ducc the books Of the concern for his
inspection. ~. ..1
The arguments OF Messrs. Neilds and
Gray, attorneys for the respondents,
ed at l o'clock, and Immediately after
the opening Of the afternoon session
George v. N Lothrop. Esq, of De.
troit, who Is associated with willard
N. LillebridRe, Esq also Of Detroit,
and William q. Spruance, Esq. Of this
city, as counsel for ID. M. Richardson,
commenced his argument in favor OF
granting the writ.
He opened by carefully reviewing
the case, and answering the many
propositions advanced ny Mr.. Gray In
opposition to the writ, and followed IL
by citing decisions of the Supreme
Court of the United States, and Of the
Supreme Court Of the State Of Con-
necticut, TO show that such q writ was
constitutional and lawful. He con.
tended that although he IL citizen OF
another State, IL he shonld be found In
Delaware with papers In his pock ct
that would tend to advance the In.
terests Of justice, the Court would have
the power TO issue O writ Of mandamus,
and compel him to appear before the
Honorable Judges, and produce the
paper, no matter how dear, or bow
secret 1t might be to him.
He claimed that in cases like the one
in which he was engaged, the Court
had absolute control and authority, and
1t matteTed not whether 1t affected q
corporation, Q 6rm OF private citizen,
Its mandates must be obeyed and 70,
spected. Mr.. Lothrop spoke one hour
and fifty minutes, and his eloquent and
and mastery argument was listened "a
with the strictest attention by the Court
and large number Of embers Of the
bar who were present.
When he concluded he spent few
m inutes In conversation with Attorney
General Gray and others, and then, AZ
ter he and Mr.. Lillebridge had cor.
daily shaken hands with the Judges,
they took their departure for the New
York train, and shortly after O'Clock
Court adjourned until 10 O'Clock this
morning.
The history of this interesting case, ,as
Obtained from the parties.is ~ follows;
For some time prior to 1879,
David M. Richardson, the petitioner,
was the proprietor Of the Richardson
Match Company Of Detroit, Michigan,
but in that and the following year the
business declined, and was carried on
at loss. About that time the Dia
mond Match Company was formed
composed of o number of different com.
panies, and chartered by the State oi
Connecticut. In forming this combina-
ton, 1t was agreed that each company
or concern, merged into the Diamond
Match Com pany, should surrender t.
that corporation all the buildings ol
machinery used in the manu- facture o.
ma tches, and receive as pay ment, stocl
in t"e new company.
Mr.. Richardson states that he received
As his part l32 shares of the eoDlmor
stock valued at $13, 200 2,144 shares o
common and preferred stock, valued o.
S3l4 400, and 400 shares Of common
stock, valued at $40, 900, max ing total
of 2676 shares with valuation Of $367,
$50. About two years previous to tn,
tims the Richardson March Company
was merged into the Diamond Company
Mr. Richardson became em barassed, or
account OF a depression Of the business
caused by an overproduction, and hi
was obliged to effect a loan with Buel
& Alger, of Detroit, and gave his stOcl
iu the Richardson Match Company a.
collateral security
When that company was consolida
ted with, and merged into the Diamond
Match Company, Mr.. Richardson hat
the certificates of stock held by Buel q
Alger changed for those of the new
company, and agreed that the firm
should receive q certain part Of th'
earnings of the stock as interest, ant
part payment Of their claim. Messrs
Buell. ~ Alger say that in 1S8O-Sl, theJ
received sos 600 ~ dividenr q, but claiu
that there was at least $5S, 900 more
earned, to which they were entitled
but have not re0stved -.esg
For the purpose of obtaining thes'
extra earniBgs, the firm instituted sui
against Mr.. Richardson In the Suprem,
Court Of the State OF Michigan, which
makes IL necessary for him to ,hav,
access to the books of the Diamond
Match Company, 30 that he can defl
nitely ascertain the earnings Of tn
stock for the years 1880-Sl and presen
certified copy to the Court.
Mr.. Richardson states that he ha,
made application to William H. Swift
President of the Company, several time
personally and by letter, to be allowet
with his attorney 70 examine the book
and take . transcript, but that on eact
occasion his request has been refused
and his only hope 10 make IL successful
defense In the suit now pending against
him In the Supreme Court of Michigan
| IL 10 obtain the writ Of mandamus, and
compel tho Company TO allow, him 40
cess to Che books. Application Wa
made for the writ at the Aay term. O
Court by William G. Spruance, Esq.
one of his attorneys, and day set To-
the argument, but the matter was after
wards postponed until the present time
On the part Of william II. Swift, fol
the Diamond Match Company, it ii
alleged that Mr.. Richardson was neve I
denied access to the books, and that h'
enjoyed the same privileges as Other
stockholders, but that the company lid
refuse to permit him, or his attorney, Il
take transcript from their books, TO bt
spread on the. records Of the Court In
Michigan. on the ground that such
course would be prejudiciAl TO theil
Interests, and was totally unnecessary
The Court will probably render do
clsioR sometime this week, and the en-
tire case has been watched with the
closest attention by many members OF
the bar, a. 1t II one of the most inter
esting ever presented In the Courts Of
this State. The high social standing Of
several Of the parties gives additional
interest to the suit Russell AlRer,. Of