New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-05-22
A GREAT. STRUGGLE.
FIGHTING FOR A RAILROAD.

NHE OhEJON AND THANSCON1INhNiAb Wv
TRovERsY-THg CONTEST FOR THE
RAILROAD SITUATION IN THE
PACIPIO NORTHWEST.
ssEE COURT PROCEEDINGS ON MAY is|THE FACTS
WHICH HENRY ,y1LLkRD's EXAMINATION
xxoueEr oryr-Nn WILLARD ANSWERS
ELIJAH SMITHS COMPLAINT
MUCH OF INTEREST FOB THE
STOCKHOLDERS 10 DIGEST
Ats special term Of the Supreme Court of the
County Of New-York, held on Monday, May 49,
uss9 application was made to the Hon. George O..
Barrett, Justice, by Messrs. Dillon d Swsyne, at
tornevs for Elijah Smith and Edward R. Bell. for
An order enjoining and restraining the Oregon and
Transoentinental Company, Henry Willard, Charles
a. Colby, Colgate Hoyt William l.. Bull G. A.
sposfopd and Others their servants, agents and
attorneys, from issuing or attempting TO author-
ize the issue Of hundred thousand shares or any
number Of shares, of guaranteed or other stock OF
she defendant company, additional TO the 4oo'ooo
shares Of stock Of said company now issued and
outstanding, and from in anywise selling, trans
ferring or disposing Of the same also from selng,
transferring or in anywise disposing OF the whole
or any portion Of the capital stock Of the oregon
Railway AMI Navigation Company, owned anu helO
by the Oregon and TranscOntinental Company.
Upon the allegations of the plaintiffs, verified
by the affidavit of Elijah Smith, Judge barre''
granted % temporary injunction against the ae-
PENDANTS and ordered them to show cause Oh tle
9Th Of May why the Injunction should not DC
nade permanent
This original order was served late on MONDAY
afternoon, May 10 Early on the following morn
ing counsel for the defendant obtained from !us"oe
Barrett the following order modifying the orignal
Injunction order granted on the previous aay
SUPREME COURT, NEw-YoRK COUNTY.
Elijah smith and Edward r. Bell against the oresoH
and TranscoptipentaI Company and others.
An application having been made TO me on oehaii
AZ the Oregon and TransconanentA IorhpanS INV
others, defendants, eX parie, 10 modiy tne A'u"0
order granted By 10 this action on the loth usS VI
May, 1850 upon the papers upon when the same "aS
granted In the respects In which the said oraer Is
hereinafter modified.
Now, after hearing Francis C. Barlow, esq., ana
Charles W. wetmore, esq, of counsel for the 90
PENDANTS and on motion OF MessS. barlow o. "oI
more attorneys for the defendants, the Oregon ana
TranscoatiRental Company, Henry 'iuafu' 'nAfi'S
L Colby, Colgate Hoyt and others
s INV therefore l do hereby order that the said
lnfunoton order dated and granted by me on the
18th day OF May 1885, in the above entitled action
be and the same hereby is modified in the clause DC
ginning in the fifth folio thereof with the words ana
also from selling" and ending with the words oregon
and Transeontinental Company" so that the saa
.lsuse shall read as follows. to wit; And also from
se,inR transferring or In any wise disposing OF tho
whole or any part Of the stock Of the Oregon Railway
and Navigation Company now owned ana helo oy
said defendant. the Oregon and Transcontinental
Company, In aid Of or for the purpose OF executing
or facilitating in any way The scheme alleged in the
complaint
Dated, at Chambers, May Ia, 1850.
GEORGE c. JARRETT, J. S. c.
Elijah SMITHS COMPLAINT.
The complaint reads as T. llows:
I-The defendant the Oregon aud Transconti'
hsntal Conoany is corporation organized and exist
ing under the laws Of tho State OF Oregon but is en-
rseed in business within this State having its prno
BAL once In the City of NewYotk and its president
executive committee and several OF its other ooers
reSJding and conducting its business In SAID CITY, ana
me Individual defendants above named arc directors
and officers Of said company, and the defendants VII
lard Colby Hoyt, Spcford. Bull compose majority
NJ the executive committee thereof; majority oil the
hoard OF directors OF said defendant company reside
IN Oregon as required by the laws OF that Slate but
plaintiffs alegc, upon information and behet that
the directors resident in Oregon arc not largely IN
terested I'm said company and are entirely ShoserVeht
10 the wishes and instructions from time to time re-
.avsd nv them from New-York through the president
~ said COMPANY who IS one Henry Willard the direc-
tas OF said defendant company are seventeen Ia num-
Der but the bylaws Of said company further proVue
that three Of said directors shall constitute quorum
for the transaction OF business at any regular meeting
of said board the said bylaws further provide thA
such meetings be held regularly on tho 'hrst MONDAY
of each month al eleven . clock \ ~
1.-THE plaintiffs are holders and owners OF TIT
,.pstal stock Of said defendant company, IN INT
amounts hereinafter mentioned, to wit:
Elijah Smith. Eve thousand shares thereon; IN
ward r. Bell. two hundred and fifty shares Thereon
and they bring this action on behalf OF themselves an
all other stockholders OF tho oregon Transcontincnta
Company who may chose TO como In and controu'
10 the expense Of the prosecution
Iu-The Articles of Incorporation OF SAID az
tsdant company bear date tho 9th day OF june 1901
and supplementary Articles of incorporation OF u
defendant company bear date OF % oay OF jury l0o'
Comics Of SAID Articles Of Incorporation are hereto
tsebed and made part Of this complaint, and msrEe
Exhibit A. 49,,
In the exercise of the powers assumed to itself und
sajd original supplementary Articles OF Incorpor
uon. the said defendant company has become II
owner Of a very large amount TO wit, more Una
s,o ooo ooo par value, Of the capital stock OF u
oregon Railway and Navigation Company oeing mo
than one.hah Of the capital stock OF the saa conpa
last named and also the owner Of about S2o,OoO'oo
mar value, Of the capital stock OF tho northern fac
railroad Company The railroads and other proper
=, the first named company under lease for tor
Of n,nety.nIne years TO the Oregon short Line Co
pany and by the terms OF said lease the sso oret
short Line Company is bound 10 pay quarterly oil
hepds, at a rate Of per cent per annum, on t
whoIe OF the capital stock of the said oregon Ra
raw and Navigation Company, which obligation OF 50
snort Line Company is guaranteed by the Uni
pacific Railway Company, also q party TO said ieas
and said dividends have been, and are, and In
probablllty will continue to be. promptly aud res
iaray paid whereby the said stock OF the Oregon Ra
,ay and Navigation Company has become and is,
crest value; and, as plaintiffs state, on informant
and be,ief, is fairly worth its par value
Iv-In and by the Articles Of Incorporation Of "a
defendant company, last named, Il is provided IL
the authorized capital stock Of the said defendant
nIn a.