New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-07-28
BRAYTON IVESS VICTORY.
RESTRAINING THE OREGON COMPANY.
THREATENED OVERTHROW OF ELIJAH SMITH

A THREATENED OVERTHROW OF ELIJAH SMITH
SUGGESTED BY ONE OF THE OFFICERS.
An order was signed by Presiding Justice van
Brunt, Of the Supreme Court, yesterday, granting an
injunction and order to show cause next Thurs
day why It should not be made permanent restrain
Ing tho Oregon Railway and Navigation Company
and Others from building certain railway lines and
performing othcr acts objected to by Brayton Ives
and his friends The plaintiffs Mr. Ives, William
L. Bull, Charles L. Colby and tho Oregon and Trans
continental Company. The defendants arc Elijah
Smith and the directors OF the Oregon Railway and
Navigation Company. The Judges order which was
obtained by Barlow & wetmore, attorneys for tho
plaintiffs restrans the defendants from building tho
branch lines referred in the affidavit any other
branch lines extensions in any territory reserved
in the Joint lease and from doing anything In viola
ton Of the provisions Of joint lease made April
25, 1887, between the Oregon Railway and Naviga
tiOn Company and tho Oregon Short Line Railway
Company. The individual defendants are also ro-
strained from selling any Of tho consolidated bonds
of the Oregon and Transcontinental Company no"
unsod and from delivering such bonds to the Oregon
Short Line the Union Pacific Railway Companies.
1t is claimed that the action sought TO be restrained
would be in violation Of the provisions OF the Joint
lease.
Mr.. Ives, in a long affidavit, says that Charles
Francis Adams, president Of the Union Paclnc ksil-
road Company, Juno l. at the instgation OF
announced for the first time his dissatisfaction with
some OF the persons agreed upon to be elected as
directors and Adams, Dillon Smith and others united
their proxies given them with the understanding that
they vote for other directors for the purpose
Of perpetuatng Smith in power, and with the ihtch-
ton of doing acts complained of and OF opposing
a Joint lease to the Union Pacific and Northern Paclnc
railway companies, which would be Of great advant-
age to the defendant company.
The court proceedings the result undoubtedly
Of the differences about the joint lease OF the oregon
Railway and Navigation Company By the Union anu
the Northern Pacific companies Before the lease was
perfected the Oregon company was restrained Dy 'c
State courts from admitting the Northern Pacihc 10
Joint occupancy of the property AS the lease 10 inc
Union Pacific continues in effect, the injunction ID
little more than an attempt to keep rival from
building new lines An officer Of the oregon Railway
and Navigation Company said yesterday Special
meeting of the shareholders, which should result ID
tho overthrow of Elijah Smith, would end the trouble
Mr. Ives made some threat to this effect when ne
found ne was beaten at the annual election In iaet
the Oregon Railway Company is not building many
extensions and the Injunction will accomplish ltto
Tho basis of the suit, moreover, seems TO DC 'ho nc
validity of the Joint lease which was supposed 10 DO
Imperative a., o....u .,d
Irayion Ives. vice president Of tho Oregon ana
Transcontincntal Company, left town early yesterday
and Elijah Smith, the principal defendant, hurrieoy
efa for