Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1892-02-07

ofAppeals that viii be of Interest to all
West Virginia Corporations.
CHARLESTON, w. VA, February O.
On Wednesday last, w. Irvine Cross, OF
Baltimore Md, by Flournoy IL Price,
his attorneys, presented to the Supreme
Court Of Appeals OF this State, his petit
tion for mandamus against the West
Virginia Central aud PittSburg Railway
Company and Ex-senator Henry u.
Davis, Thomas Il. Davis, Stephen B.
Elkins, (now Secretary Of War, James
G. Blaine, john A. HambletOn and w.
w. Taylor, to compel said railway COM
pany and the other defendants, except
Taylor to receive and recognize w. !.
Cross as a director Of said company and
TO compel Taylor to vacate the Office OF
director in favor of Cross. The Ques-
tiOnS involved in this petition are OF
great interest to stockholders OF West
Virginia corporations and their decision
will be watched with interest.
II will be remembered that about
year ago Mr. Cross presented a similar
petition TO the Court Of Appeals, claim
ing 10 have been elected director In
said company by the cumulative method
Of voting authorized by the constitution
and laws of this State, by Major Alex.
Shaw and other minority stockholders
holding stock amounting TO nearly
81, 900, 900, and stating that he had
been counted out under resolution Of
fered by Mr.. Elkins to the effect that
the cumulative method did not apply TO.
that Company. The Court OF Appeals,
after full argument, decided in favor Of
Cross, holding that the stockholders OF
that Company had the right TO cumu-
late their shares in voting for directors,
and consequently Col. T. B. Davis, who
had received the lowest vote, retired
from the directory and Cross was ad-
mitted
In his petition presented on Wednes-
day, Mr.. Cross recites this former suit
and decision and states that at the an
nual meeting OF the stockholders held
at Piedmont, w. Va, on the Goth day
of January, 1892, just before the ballot
was taken for directors for the ensuing
year, and without any previous notice,
Mr.. Ekins offered resolution to the
effect that the bylaws be amended so
as TO provide that no one could be
elected a director who was not the
holder on the books OF the company Of
200 shares of stock, and that no one
could be elected who was attorney in
any suit brought against the company;
that this resolution was adopted, and
upon o ballot being taken, Cross re-
ceived 6S,475 votes, nearly all cast
cumulatively, and that Henry G. Davis,
II. b. Davis, Blaine, Hambleton and
Kerens received 44,4sO, Elkins 1885,
and w. w. Taylor "A, go, and that these
parties were all declared elected except
Cross, who was declared ineligible under
said law, because he only. held 100
shares Of stock, and was the attorney In
new suit brought In Baltimore by
Alex. Shaw against tho Davises and
Elkins, in which the Baltimore company
was made party.
Cross insists in his petition that this
bylaw is illegal and void in presenting
qualifications for directors different from
aud additional to those prescribed by the
law creating the company and that II IS
a mere subterfuge and device TO nullify
the decision of the Court Of Appeals and
set at naught the constitution and laws
of this Stata. He further says that he
is not within the clause prohibit
ing any one who is acting as
attorney in any suit against the
company from being a dictator, because
the suit Of Shaw in Baltimore was
brought by large stakeholder against
Davis and Elkins to compel them, and
another railroad that they control, TO
account with the West Virginia Central
and Pittsburg Railway Company, and
to enjoin the leasing Of said railroad to
the West Virginia Central and Pitts
burg Railway Company, till such ac-
count is taken. A copy OF the bill in
Shaw's suit is filed with the petition of
Cross.
The Court Of Appeals has not yet
acted on the application OF Mr.. Cross.