New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-05-22

nroperly 10 present the question OF ISSUING "''9
ferred stock TO the Executive Committee a"u .H' |
stockholders OF the company other than 10 GRAZ ""
resolution referred to, and. If any such action had u'T
..ontsmnlatsd or intended by any one II "ouiu
na,uraIIv have come 20 my knowledge as the person
,rhose duty 10 would have been to prepare 'ne
CHARLES W. WETMoRE
Sworn TO before mo, this 18TH DAY OF May i'''
GEO. W. WEIFFENBACH,
Notary Public,
New-York County.
TIE ORIGINAL INJUNCTION MODIFIED
Altar tbsse andavits bad been read, further pro
oeedinrs in the case were postponed, on apphcauon
Of General Wager SEayne, counsel for tne piah'hS'
until Friday May IT, at o'clock In the AFTERNOON,
On Wednesday, May Is, however, the piainuns
amended their complaint, and on the amehueu eoin
pIalnt and an additional affidavit by Elijah smith Cd
tanned ex pare an order from Judge Barrett 'acsI"7
tho order obtained By the defendants on the previous
day. which modified the original Injunction o'uor'
within a few minutes before the time which was
SGT for the argument Of the apple on inc s
order this amended complaint was served OIL 'he no
fendants accompanied by additional restraining
order preventing the Oregon and Transcohi""n'a'
Company from selling its Oregon Railway and Na'E%
uon stock transferring IT, or doing anything with "
After rehearslng the original charges, the aihehuea
COMPLAINT proceeds to formulate the following aou'
tional charges based upon hearsay:
THE AMENDED COMPLAINT
"PIsntirs further state, upon information and Dc
lief that It Is tho purpose OF the said Henry WHARF
president OF the defendant company In tho event A'
be shall conclude that he will probably be unable 10
control the forthcoming annual election OF the oeennaht
company then and IN that case TO cause the ueenua
to sell or himself personally to sell In It's oehah all
Of its holdings aforesaid Of the capital
~
and TO soil the not only without regard to the
ntsrests but against the interests of tho defendant
company, and 10 such persons as shall agree when
purchasing the to allow the said Henry wizard
10 cast the votes Of said shares at tao next annual
election Of the said Oregon Railway and Navigation
COMPANY, and which election, BY the bylaws OF the
company last named. is set for the third Monday OF
June next at an hour earlier in the day than the
election OF the defendant company on the same DAY
ard for the grounds Of such Information ana pehei
plaintiffs state that the said Henry Willard has been
for long time proposing TO the defendant COMPANY
10 sell tho AFORESAID shares Of tho oregon Railway
and Navigation Company, and on former occasion
was only restrained from doing by hrrats OF legal
proceedings mado 10 him by Brayton Ives. then ono
OF tho directors Of the defendant company that he
the said Ives would begin legal proceedings To enlon
such sale and that the said Henry Willard since the
order granted in this cause the 18th day OF NAV
1880, did the following day procure the SAID 0rer
10 be amended 70 permit the sale OF said shares
Il made otherwise than IN hIrtherance Of the plan
hercnbcfore forth relating to tho control Of the
Oregon Transcontlnrntal Company; and has
further stated this day, plaintiffs are
Informed by Gardiner NJ Lane. OF tho
directors Of the defendant company that he tho SAID
Willard had received offer from abroad for the
whole Of said stock and desired to DO in position 10
close Herewith.
FURTHER GROUNDS OF BELIEF
And for a further ground OF such Information
and belief, plaintiffs state that they have
learned from the said Gardn er ". Lane, OF the
directors as Aforesaid and from other parties larg"y
Interested in the defendant company that within the
past few days tho said Henry Willard has caused
minority quorum Of tho Board Of Directors OF tho
defendant company, sitting al Portland, Oregon, To di'-
chaI';N and rccOusiiuts the Executive Committee OF
the said Board so eliminate thercfrom sidney
Dillon and tho SAID Gardiner VI. Lane. two Of tho
directors OF said company not subscribing To the said
Henry Willard president and this without the kno"l
edge Of either Of the said directors and plaintiffs are
informed and believe, that said directors were so
eliminated from the said Executive Committee In
order 10 enable the sai Henry Willard 10 control and
dispose Of the Aforesaid stock Of the Oregon Hallway
and Navigation Company, IN the manner and for the
purpose aforesaid, without the nowlcdg" Of any
directors Of said company who wcr" not subscryicnt TO
tho said Henry Willard aud coniederated with him 70
dispose Of the sad stock Of the Oregon Railway and
Navigation Company, without regard 10 the Interests
% tho defendant company
And for further source OF their Information and
belief plaintiffs state that they informed by the
SAID Gardiner NJ Lane, one Of the directors OF
said company thai tho defendant company IS
loaner ~ money IN largo amounts, and that large
part OF defendant Companys holdings OF stock OF
said Oregon Railway aud Navigation company are
hypothccated on loans which do not mature for many
moaths, and that tho shares hyP6hccated cannot
bo delivered until maturity OF the obligations as Sc
curty for which they held.
And for further source Of their information and be-
lief plaintiffs state that the said Henry Willard has
repeatedly expressed himself As under the impression
and Of belief that Injunction proceedings would. by
other parties interested IN the stock OF the Oregon Rail
way and Navigation Company. be begun to restrain
the defendant company from voting It's holdings Of
said shares.
Plaintiffs further allcse that the actions Of the said
Henry VIllar aud his colleagues and confc!erat">
herein complained Of have or VIII be committed Ly the
| samo with view simply and solely to personal al.
vantage and ACKNOWLEDGMENT Of the said Henry VII
lard and to the disadvantage Of the said Oregon ana
Transoontincntal Company and nj those stockholders
thereof uniting in the schemes Of th' said NIlIaH
! and his associate.
Plaintiffs further allrcc that the said acts CON
planned OF Will constitute waste Of the assets OF his
corporation and will mJure the irropsraby unless
| enlolned by the order and decree OF the court.
The complaint thus amended IS verified by Elijah
| smith.
! ORDER TO EXAMINE MR. WILLARD BEFORE
| TRIAL.
on Friday morning May Is, tn, attorneys for the
plaintiffs obalnel ou'r from Judge Earrrtt auhoiM.
| Ing tho examination of Henry Nnlam before tho case
Same TO trial. a coz % which order was served upon
the defendants al about II 80 o'clock IL tho terms
OF this order Mr. Willard required 70 appear for
cxamIna alton al the oGcc Of Mr. VILLA" Henry Wills,
| referee, No. rs Broadway. az Il o'clock noon
THE ORDER VACATED.
| The counsel OF Mr. Willard. General Francis c.
! Barlow and Mr. Charles W. W"tmorc, and joseph H.
Choatc and e. C. BcsInan. 81 Ne,,rs. Evart Choato
! Rcaman appeared before Judge Harrrtt at O'clock
! the hour named at the adjournment OF the hearing
On the previous day. Mr.. WoimrrO asked the Court
| ~. hh ln.L L.,