Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-11-22
MAY BECOME A LEADING CASE.
Petition for uandamus I'm seaboard
AIRLINE Contest.
Baltimore American.)

Baltimore American)
The petition tor a mandamus in the
Seaboard Airline controversy. in which
Mr. Thomas $. Ryan, as stakeholder,
asks Tor the right TO inspect the corpora
tons books, has been forwarded 10 Rich
mond by the local counsel for eXamina-
ton and filing there by the Virginia rep
resentatives. This petition is the last
legal step taken by Mr.. Ryan TO force
permit for the investigation OF the books.
The case itself has become one Of con-
siderable interest both on account of It's
legal phases and the subJectmatter In
yolyed.
The method Of procedure under which
this mandamus is prayed is somewhat
unique, even in the legal annals OF Nir-
ginia practice. Instead OF insututing pro-
ceedings in one Of the nisi prius courts,
the complainants have sought redress at
the hands of the Supreme Court of APP
peals. That is the tribunal Of highest
resort in Virginia. and. while It is the
court Of appellate jurisdiction. II Is vested
also with original Jurisdiction in certain
classes Of cases. Inc right TO Issue
mandamus, under conditions such as this
litigation represents, is claimed 10 be
within the list Of these special classes
OF cases.
The difficulty Of the case lies in the me-
thod Of procedure. Since precedent in
Virginia is somewhat wanting. the coun-
sci in the case are put 10 their wits end
to discover the proper practice 10 pursue
I'm order TO push the petition TO a success
full issue. The point Of uncertainty hoyers
around the question as TO the correct
time when the testimony in the case
should be taken. Some contend that the
testimony should be taken and filed
simultaneously with the petition. Others
argue that it should be taken after the
petition is filed, but before the respond
ents put in their answer Another con-
tention is that the testimony should await
the filing of both the petition md the
answer, and then follow In the usual Sc
quence So soon as this difficulty IS sat
isfactorily solved the petition will be filed
in Richmond. From that petition VIII b.
evolved a judicial settlement Of the ''ro-
tracted controversy between the Ryan
and Hoffman interests.
SPICY LETTERS EXCHANGED.
One OF the latest phases OF the extra
| judicial sparrng Is disclosed in a CORE.
| spondence between Mr.. c. H. Krumbhaar
| chairman Of the special committee APP
| pointed by the stockholders OF the rail
road, and Mr. Ryan himself. Mr.. Krumb-
/ haar, i'm his official capacity, wrote Mr.
/ Ryan ltNlcf III WHICH lHC latter Was III
| formed Of the plans OF the committee. OF
| its powers and jurisdiction, and the pur
| poses for which it was created. Mr. Ryar
was further informed that the committee
| is ready to hear any charges or com
plants which he might feel disposed L
lodge against the company or its officials
| but, the letter here added, Mr.. Ryan mus
come prepared TO substantiate each and
! every charge with convincing oarticu
larity.
To this letter. Mr.. Ryan responded a.
/ follows: at Is apparent that TO maxi
these charges definite and certain. 20 dis
| cover fully the evidence by which the,
may be sustained and TO ascertain wha
further derelictions OF duty, IL any, OF
similar character ought TO be charge,
| against the management, requires an eX
! animation of the books and papers of tn
railroad company. This / demanded a
| my right as the largest stakeholder OF tn
company. 1t is apparent tina. the resolu
tlons under which your committee wa
appointed were designed TO evade m
demand for an examination of the book
| and preyent my exercise OF that right
They were manifestly drafted with TN
intention OF closing the books TO my IN
vestigation, while at the same time de
mandlng a statement and verfcation O
the charges with particularly which a
examination OF the books alone coul
make possible.
81 do not for a moment impute to yor
committee any intention TO be made tn
instrument OF thus sitting the truth.
accordingly request that you direct tina
an examination OF the books and paper
of the railroad company be permitted
MY behalf as a stakeholder OF the con
| many and at my expense.
Since no intimation has come to Nj
Ryan OF a willingness TO comply with thi
his own suggestion and ultimatum. b
again resolved TO have recourse to n
courts. which policy he had virtually d.
termined upon at the conclusion Of anal
during the stockholders meeting.