The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-03-25
promising scheme the last has probably
not been heard, Notwithstanding Presi-
dent Hoods opposition.
SHAW WINS THE FIGHT.
Tho Supreme Court HoIds That He May
CumuiAts and Mako Cross Director.
Special Dispateh 10 he EntCLli0enoT.

Tho Supreme Court HoIds That He May
CumuiAts and Mako CFoss Director.
Special Dispateh 10 he IatGltgmeT.
CHARLESTON, W. Va, March 24.-The
Supreme Court OF Appeals OF this State
rendered its decision to-day in the
mandamus case OF W. Irvine Cross Va.
the West Virginia Central & Pittsburgh
Railway Company, and ordered the pre-
emptory writ to issue commanding the
company 10 recognize and receive the
plaintiff, Gross, as director. The case
was argued by Flournoy and Price, Of
this city, for the plaintiff, Gross, and by
W. @. Clayton and @. W. Daily, OF
Keyser, W. Va, for the railroad COM
pany.
The facts Of the case are briefly these:
In 1868 the company was Incorporated
by an act OF the Legislature under the
name Of the Potomac 4 Piedmont Coal
and Railroad Company, its charter con.
tanning the provision that each share OF
the stock shall entitle the holder thereof
to one vote in all meetings Of the stock.
holders Of the company the 22d oil
August, 1872, the new constitution was
adopted by the people, which provided
that in all elections for directors and
managers Of incorporated companies
every stockhoider shall have the right
10 vote In person or by proxy for the
number Of shares OF stock owned
by him for as many persons ag
there are directors or mRnsgsE5 to be
elected, or 10 cumuiate said shares
and give one can lidate as many votes as
the number OF directors multiplied by
the number OF his shares Of stock shall
equal, or to distribute them on the came
principle among as many candidates as
he shall think at.
In 1881 the name Of the company was
charged TO that OF the West Virginia
Central and Pittsburg Railway Co.,, and
It's powers very much enlarged, the pro-
vision as 10 the method OF voting on
stock cont ,ined in the first charter being
retained. In both acts, that OF 1866 and
that OF 1881. The .power OF the Legis-
lature to alter or amend was expressly |
ieserved. At the. laDt meeting OF the
stock holdets Maj. Alex Shaw, of
Baltimore, who owned about one
fifth OF all the stock. his holdings
amounting TO nearly 81 900 at its
par value, claimed the right to cumulate
bis stock and did 80, and thereby elected
the plaintiff, W. Irvine Cross, a di.
rector. The other Stockholders claimed
that the cumulative method did not ap.
DIV to this company and refused TO
count the votes 80 cast for Gross, and
thereupon declared Henry g Davis,
James G. Blaine, Stephen .. Elkips,
John A. Hambleton, r. O. Kerens, W..
w. TAYLOR and T. B. Davis the directors
of the company for the ensuing year.
The court decides that this company is
governed by the cumulative method,
and that Gross vas duly elected instead
Of ]. B. Davis, who re9etVed the lowest
vote, and must be recsiyed and FGCog-
nized as such. One objection urged by
The w. Va. o. 4 P. H. R. Company
against Mr.. Cross as q director In this
rom pany, was that he Is one ot the at
torneys OF the B. & o. R. K Company,
which, il was claimed, is a rival and
competing road, but the court did not
oonsider this sut thciepttQ deprive him Of
his right TO the Office. This is t6e third
case between these parties, the other
two going of on technicGlities, and being
The decision OF the court of last resort,
his long and stoutly conteated eontro-
versy now ends in victory for tue
Shaws.
The questions involved and settled are
of interest to the public generally, as
there arc doubtless numbers OF corpora
lions in West yirRinia which will be |
affected. The opinion was delivered by
Judge Holt for the court and ia very
lble and exhaustive discussion Of the
interesting aud novel questions arising
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