New-York tribune., 1902-03-20
TO BLOCK Ms. R. MERGER
INJUNCTION OBTAINED By
OPPONENTS OF The PLAN.
TO-DAY'S METROPOLITAN MEETING is
NOT AFFECTED HOWEVER. By
THIS MOVE

As had been anticipated by Wall Street cor
several days. a legal assault was delivered yes-
terday. on the eve Of the special meeting nf the
Metropolitan street Railway Company's share
holders by opponents oS the proposal 70 lease
the Metropolitan system - the Interurbsn
Street Railway Company as n step in trans
ferring the control Of the former company 70
the newly organized Metropolitan Securities
Company An injunction was asked for and Oh
tanned. which prohibits the delivery Of posses
sion under the lease when approved but which
does not affect to-days meeting of the Metro
Pottau stockholders. At which the lease proposi-
ton is 70 be acted upon. The bill praying for
temporary injunction was fled in the Supreme
Court before Justice C;reeubaum The appTi-
Cants. according To statement from Mstropol-
itan sources, were Harry Content and Walter
content composing the Stock Exchange firm
of FL Content & Coz. with whom are associated
Camille Weidenfed and Parker W Chandler. ot
Boston: according IN a statement issued by
the petitioners own side. the application was
filed by Fl. Content & Co bankers. owning and
controlling over two thousand shares of Metro
poltan stock" The Metropolitan version saws
that the plaintiffs attorneys are Messrs
Scharps & ScharpS. and with them are sssociat-
ed William G. De Witt and TraadweU Cleveland
The Metropolitan company is represented by
ex-Judge Charles F. Brown and the Interurban
company by Messrs- Guthrie. Cravath & Hen
derson." The Content statement says:
William G. De Witt TreadweU Cleveland and
Parker c. Chandler represented the plaintiffs
and Messrs. Guthrie. Cravath & Henderson the
metropolitan company"
In view Of the fact that the stockholders
meeting was to he held on Thursday morning
the court made an order returnable on Friday
morning at 1899 o'clock. and announced that
the motion must he argued at that time. The
defendants attorneys declined 20 give stipua-
ton, coupled with conditions not 70 deliver the
lease after it's ratification by the stockholders.
and stated that they would prefer that a tenn
porary injunction issue against taking pos
session under the lease. provided the plaintiffs
were compelled TO proceed Immediately with the
argument OF the motion for an injunction
In asking for the injunction Mr. Cleveland de-
clared that the sO-calIed lease was not lease
but actual sale, and not legal under the laws
OF New-Yor
The court having suggested that perhaps
counsel for the Metropolitan would enter into
stipulation with the plaintiffs attorneys not 10
deliver the lease or carry it into effect until the
court had passed upon its legality the state
ment issued by the Content interest SAYS:
Mr. Cleveland was willing TO accept such a
stipulation. provided the Metropolitan attorneys
would give n'm 'opy ~ 'n' proposed leass,
and also copy of the contract, as Yet undFs
I closed. between the MetrOp1utdn company anu
the IuterUUbau company
MI Guthrie replied that the contract between
these two corporations was a private document
that would not be disclosed 70 any Of tho stock
holders not even at the stockholders meeting
The court stated that il could not understant
how such a document could h. a private agree
meut and that II was essential 70 the stock
holders TO he informed of the contents OF the
contract before they could vote iuteliigently. an
he granted temporary injunction against he
tranSferrenCe of the lease, or any action under u
and set down hearing for the matter on FIJI
day next
President VreeIand of the Metropolitan said
Yesterday afternoon that he attached no iTpor-
tance to this application for an injunction. and
| that proxies in favor Of the lease had neAn
sent in from over 81 per cent OF the company :
/ stoCk-a larger amount of stock than mas ever
/ before been voted upon any proposition SUBMIT
| ted by the Metropolitan street Railway CON-
pauy 10 its stockholders
/ According TO Benjamin SChaTps. of SChsrps &
| SCharps lawyers for the plaintiffs. the inJupc-
! tiOn was obtained just IT the nick OF time Ac-
| Corilng 10 them, the lease was acted upon yes
/ terdav hv the directors of the lnterurpau n
/ cOmpanv at a hurried meeting held in a car
| barn in Mount Vernon
From Mount Vernon II learned that a
meeting of men said 70 he the directors Of the
/ Intarurban street Railway Company Of New
! York was held at the North Third-ave sheds az
/ tba North Mount Vernon Railroad Company IN
/ Mount Vernon yesterday morning IhiS Is the
/ only Headquarters this company, which expects
/ TO lease the Metropolitan system, has IN west
chester County. IT, fact, II IS said the only raii-
/ WAY line il owns to-day is the Chester Hin me
/ which II purchased with the franchise of the
] People.s and the New-YOrk. WestcheSter and
/ Connecticut Traction Company