New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-10-07
ARGUE RAMSEY PETITION
Wabasb Contends er-PreS'dent Has
No Right to Bring 4ction.

g o,is oct. 6.-m the st. Louis Circuit
Court today argument began before Judge Iay-
Tor on the petition of Joseph Ramsey, 1r de-
rosed president of the Wabash Railroad Com
pany. for an injunction to prevent the voting at
the Wabash annual election in Toledo next Tues
day of stock held by the Missouri Pacific and
Iron Mountain Railroad companies. The answer
OF the wabash company contained these state
ments:
That the Wabash has no knowledge Of any Of
its stock or debenture bonds owned by Mr..
Ramsey giving MIN cause of action.
That the Wabash has no knowledge that the
Missouri Pacific or the Iron Mountain holds any
of its stock or debenture B bonds having on its
books no record OF such holdings
That neither the Missouri Pacific nor the Iron
Mountain in any manner controls the affairs OF
the Wabash That the Wabash. the Iron Noun
tain and the Missouri Pacific are continuous and
connecting lines and that anv Of them may own
stock or bonds of either of the others without
violation OF law.
That only those named in the books Of the
company holding stock and bonds can vote
on such holdings. That George j. Gould does
not own the Missouri Pacific or direct its move
ments. That the Missouri Pacific does not di-
rect the movements Of the Iron Mountain.
That the Wabash and Missouri Pacific are not
connecting lines except for through traffic be
tween st. Louis and Kansas City, and that the
lines of the two roads between those cities are
widely divergent and traverse entirely different
territories.
That the allegation that George ]. Gould has
selected persons to act as directors or the
wabash and to carry out his wishes as directors
is not true.
That there is no scheme or conspiracy on the
part of George J. Gould or any representative OF
the Missouri Pacific and Iron Mountain to stltie
competition.
That any stock of the Wabash which the Mis-
souri, Pacific or Iron Mountain may be shown 70
hold is not held for the purpose of control
That the holding voting of Wabash stock
or bonds by the Missouri Pacific or Iron Noun
tain, If such stock or bonds are held. would not
be contrary Missouri law.
That the Wabash has no control over its bond
or stock holders and that the st. Louis Circuit
Court has no jurisdiction over such holders out
side the State, on whom service cannot be 90
tanned
That the Mercantile Trust Company Of New
York owns 5.435 debenture bonds Of the Wa
bash; that W. S. wilson of New-York, owns
four debenture bonds and 31.300 shares Of com
mon stock and E. N. Walker. Of New-York,
10000 shares Of common stock
That George ]. Gould owns three debenture
bonds of the wabash, 100 shares Of common
stock and 1880 shares Of preferred capital
stock
The answers OF the Missouri Pacific and the
Iron Mountain were nearly the same as that Of
the Wabash.
T NJ Bradbury, secretary Of the Missouri
State Board Of Railroad and Warehouse Com
r1isstoners, said that the latest annual report
Of the Missouri Pacific and Iron Mountain, for
the year ended June 80. 1904, showing the
financial relations between the Wabash and the
Missouri Pacific, had not been submitted to the
commission yet
E. G. Pryor. assistant to the president of the
Wabash. testified that A. c. Bird, vice-p president
and general manager of the Missouri Pacific. is
also an officer in the Wabash company. Mr..
Pryor said that the books Of the company were
in New York, and that he was unable to refer
to them to show the ownership Of the stock.
This ended the testimony for the plaintiff. and
the defence was called on to produce its wit
defence
called for Joseph Ramsey, jr. He is not here"
said F. W. Lehman, counsel for Mr.. Ramsey.
I'VE want TO ask him how he got the 100
shares of stock" said Mr.. Cochran
you do not seem to have any record here
showing that Mr. Ramsey owns any stock re-
torted Mr.. Lehman, "and your books and
records are all kept in New-York. in violation
Of the laws of Missouri"
Recess was then taken.