The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-07-04
SUPREME CouRT-spECIAL TERM.

| SUPREME C0URT-SPEClL TERN.
Suit Against the Union Pacific Railway Com.
pany-InjunctlOn Granted Enjoining the
| Company from Paying Dividends, from Re.
| ceiving Any United States Bonds or Land
Grants, and Restraining the Credit MObilier
of America from Paying Dividends to Its
Stockholders.
Before Judge Barnard.
James FISK, m, cs. The Union Pacific Railroad
Company The Cssda Mooilter or america, officer
ADles Thomas G. Dso-ant, John j. cisco, H. S.
AcCoano sidney Dillon Cornelius s. Bushnell, Ben
jaTfs f. Bates, John D,<D; Josiah Bard,ceu John B..
ANev, Eoeneser Cook, +. Gordon Derter Charles A.
Lanabdyu, William II. Macy, John r. Tracy, George
Ashna,n, Jesse Z. Williams, Samuel Mckee, James
s. Rollins, James Brooks Ed,cin d. Morgan and
cakes Anes.-An Injunction was granted in this suit
yesterday restraining the Union Pacific Railway
Company and the Credit MObilier Of America from
paying dividends to their stockholders. Appended
are the complaint and order made therein-
James Fisk Jr, plaintiff on behalf of himself and
all other stockholders Of the Union Pacific Railroad
Company, similarly situated, who may come in and
contribute to the expenses Of this action complains
Fsrst.SThat the Union Pacific Railroad Company
IL corporation existing under and created by an
act OF Congress OF the Unhed States. passed July l.
1862 entitled IAN act to aid In the construction Of
railroad and telegraph line from the Missouri river
to the Pacific Ocean, and to secure TO the govern
ment the Of the same for postal, military and
other purposes;' and another act passed July 2
resolutions in respect thereto to which said acts
resolutions and every part thereof the plaintiff asks
leave to refer as part OF this complaint.
SecOnd.-That Oliver Ames, Thomas G. Durant j.
J. Cisco, II. 8. McCOmb, Sidney Dillon, Cornelius A.
Bushnell, Benz. Z. Bates, John Dun, Josiah Bardwe
Chas. A. Lambard WIN. H Macy, John p. Tracy,
George Ashmun, Jesse L. Williams, Samuel Mckee,
James s. Rollins and James Brooks are directors OF
the said company five Of whom-viz., Geo. Ashmun,
Jesse l.. Williams Samuel Mckee, James s. Rollins
and, James Brookswere appointed by the President
OF the United States. Oliver Ames Is the President
OF the said Union Pacific Railroad Company, Thomas
G. Durant Is the Vice President and John j. Cisco
the Treasurer thereof, and Edwin d. Morgan ana
Cakes Ames trustees for the holders OF bonds OF
the said company.
Thf,d.-That the plaintiff on the 2lst day of Sep
tember 1867, duly subscribed, at the general Office
Of the said company in the city of New York. for five
thousand shares Of stock of the said Union Pacific
Railroad Company, and then became entitled to the
said shares and to all the benefit thereof.
Four1n.-That. at the time Of the said subscrip-
said company 5000 that being the amount of s55
on each share and being equal to the amount per
ders hs be- feauTe
upon the stock so subscribed for by the plaintiff.
FUn.-That on the same 2lst OF september, 1867,
the plaintiff duly made mt the said Office in the city
OF New York, In his own another name but for his
and benefit, two separate subscriptions each for
five thousand shares Of stock OF the said company
and hereupon rendered 10 the treasurer of the said
company sos on each share OF the ten thousand
shares so subscribed for AZ last aforesaid.
Sirth.-That on the same 21st Of September, 1868,
the plaintiff Only made at the ONCE OF the said com
pany In the city OF Chicago still further subscrip
ton of five thousand other shares Of stock OF the said
company, and hereupon gave to the person duly APP
pointed to receive subscriptions in Chicago for stock
being sos for each share OF the five thousand
so last subscribed for as aforesaid, which
draft the said person received in full payment for the
said subscription.
.serenth.-That on the arrival In New York. OF the
draft mentioned In the last article the plaintiff ten
dered 70 the treasurer OF the said company in the
city OF New York $4,000 in payment OF the said
draft and OF the said subscription but the said
refused to receive the same
Eigltb-That the plaintin has not parted with any
OF his rights TO the said shares subscribed for by
him. or to any claim against the said company
arising therefrom and continues TO have oil those
rights to the same extent as at the time when he
first subscribed for the said shares as aforesaid.
Ntath-Thai the plaintiff is also the owner and
holder of six other shares OF the stock Of the said
Union Pacific Railroad Company and she same stand
1pnts.- That notwithstanding his said snbscrip.
ton and tender Of payment as Aforesaid, the direc
tors OF the said Union Pacific Railroad Company
deny that the plaintiff acquired any rights by his said
subscription and tender.
Eleynth.-That the plaintiff duly demanded a GER
ticate certificates for the twenty thousand shares
subscribed for as aforesaid hut the directors Of
the said Union Pacific Railroad Company refuse to
give or allow him certificate therefore.
TJcelrh.-That the franchises aud property Of the
said Union Pacific Railroad Company were and are
OF great value.
privileges conferred'on the said Union Pacific Rail-
road Company 10y the said acts Of Congress were and
constructing and equippng the railroad and tele-
graph line and OF doing all other things required OF
the said company by law.
tUutfeenfh.-That instead OF undertaking by their
own officers and agents the construction OF the said
railroad and telegraph line or making reasonable
contract with other persons for the construction
thereof the directors OF the said company or q
trolling number thereof In order 10 secure TO them
selves personally great profits and advantages, en-
tered INTO an arrangement 10y which they established
obtained control OF another corporation created
by the state OF pennsylvania and now known by
the name OF the Credit Mobilier Of America,
and placed In the hands or under the control OF the
said Credit Moblier the construction OF the said
railroad and telegraph line and all or the greater
portion OF the profits and advana ages thereof which
might and should have been retained 10y the said
Union Pacific Railroad Company for the benefit OF
Its stockholders.
FU1esnth.--That by some contract or arrangement,
rs the plaintiff IL informed and believes, the bonds
issued TO the said Union Pacific Railroad Company
by the United States the grants Of land made to the
said company by the United states, and the bonds
issued by the said company, under the said acts of
Congress-, have been transferred TO, or the control
or benefit there0vested In the said Credit M0bier
Of America by the said Union Pacific Railroad Com
pany.
ssatecnth That the defendants, Oliver Amee,
Cakes Amee, Thomas c. Durant John Greco, Henry
s. McComb sidney Dillon, BENJAMIN y. Bates josiah
Bardwct, Iohp y AJley, Cbas 4 LapbsTd, Ebensser