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

r.-,,,. 4 v.c,o,nr, anil Cnuat- & Icaua1, a, t''r
counsel, before judge BSrcii In supreme ,'"t.
chamber, AID read the following AFFIDAVIT made 10y
Henry Ngla.d. IN which lie allegations % INC
complaint arc answered IN regular Order
SUPREME COURT, NEwYoER COUNTY.
Elijah smith ard Edward l.. Eou against ~" oregon
AMI Tia.sc,ntnon'aI Company and "Iari'.
city and county Of New York. -:
Henry Willard. being dul. sworn, d"go'"' ana 'aJ'
follows:
reside at Dobb's Ferry, IN tho state Of Nc1.Nork'
ard Am one Of the Defendant, lu tH' above entitled
action and ain The prc,iI Do Of o." defendant. i""
Oregon and Trau,cuatlurnl company having hr-n any
elected a, such pre,idca, meeting Of tho Hoard
OF directors Of the sad COMPANY. held In th" city Of
Portland on the 18th DAY ~ June. l--S.
have red the complaint IA tls action aud Ae
! AFFIDAVIT Of Elijah smith verifying The
admit tho matters Of fact alleged IN Article Of
said complaint eNcert the ALLEGATION that IN" Directors
! Of the Oregon and TranscOuucntai tofn9W! r'ldeh
IN Oregon eEnr.y suUsrryi"nf {" the "l'hN" ana
instructions from time ~ time received D! them 'r'm
| Nrw.YOrk through tho president OF tho c'mIany.
meaning myself have NJ krow I'D - or informal OF
sufficient N form belief a, 10 whether tie allegations
contained Article II Of the compsiut arc trio or
not
admit tic aIle.a ions IN Article III 81 e." complaint
that the defendant. the Oregon aad Tganron,"eHtaI
Company under lpd IN Purruh'" ~ It, original aul
supplementary articles Of Incorporation, ami undo anil
Us virtue OF the power confirmed upon Il by ir laws Of
tho STATE Of Oregon hs, become the owner of and now
owns and hold more tran uuchaf ~ ia' eu'r capital
stock OF the Oregon Railway and Nayl-nNo1 omrt1".
and thet Il Is also the owner ~ about 80 100000 ~
the capital stoch OF ~, northern Pacific Ealro"!
CorIany Ny judgment "a ~" vauc Of the st1ch q
the Oregon Railway and NaElvstlpn Compauy concur,
with tho ale satous q! ~" plaintiff Ia Article III
contained.
/ admit the allegations contained In Article " oi
the complaint. I'm respect TO tac amount ~ the
! authorized capital stock 0f tho oregon aud Trau.ron
tncntal Company, and as to the provisions Of the
claws concerning the annual meeting Of tho st,rk
holders OF thu sad company, 10 DC held IN IN" city 81
70 tlanA the l7th day Of june, l-so ] also admit
that am a Candidate for election a. A director Of
the said COMPANY. aud expect 10 BE- reelected and
continue the president Of the said company. ard
that have issued cIruars 10 tho stockholders OF tho
said company asking them Ia send proxies for ne
| approaching meeting to me. and ! annex To- thu,
affidavit a true copy 0i the said circular.
Tho remaining allegations contained IN Article "
Of the complaint 50 far they refer 10 The terms oi
resolution OF the Board Of Directors OF the Oregon
! and TranscOutnruta Company, Authorizing Tho ISSUE
Of the remaining SIOOOoOJO u the capital stock Of
that company are In tho main correct. except hat
the said resolution contains provision restricting
tho tight Of tic stockholders Of IN" company 10 In.
spoCt it, book, and papers, and such restriction /,
in force; but Tor greater certainty. annex hereto
! true copy OF the resolution which understand III
hayc been passed tho 10th day OF May 1889 Uy
Tho nIaTyl ~ Il.