Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-12-29

Z W. - ~@1 HAIE%@
of said county arrested and taken into
custody, and taken away from their sew
eral posts of duty, which said arrests
were, and as complainants believe and
charge to be ~purposely so timed, as to
keep them away from the train on said
road at the hour at which it should start
East. with the special purpose of seizing
possession thereof by said cOnspirators.
Complainants further aver that 10 be re-
lieved from this Illegal and oppressive ar
rest, the said employees Of compliments
procured to be issued by the honorable,
the Judge of this court, writs of habeas
corpus, and pending the inquiry into the
same case OF the said Beverly d. Viii
lianls, they, the said defendants, except
said Wallace, procured one John Il.
Montgomery. Accomplishment for the
said State of Arkansas, and also the at
torney of said cOnspirators, to institute
in the Supreme Court OF said State
proceedings by writ of quo w~arranto,
and calling upon compliments to
answer therein before said Supreme
court on the sixth day OF December next.
Compliments further aver that the line
of said road extends from opposite Little
Rock, on the north bank of the Arkansas
river in said county of Pulaski, through
the counties of Pr3rie, Monroe, st. Fran
els and CTittenden, and the said defend
ants proclaim and declare that their pur-
pose still is to persist in and urge their
claim to enjoy the franchise of said road,
and possess themselves thereof. And
compliments fear, and think they have
good reason to fear, that they, in pursu-
ance Of a~rraiguing and harrassing COM
plainants. Will, as they have thus far
failed in the execution OF their nefariOus
project in said county of Pulaski, insti-
tute other and like proceedings in some or
all of said counties through which the
line of said road passes, and theraby by
- ~ - = 80 nwA e. y
50 annoy and eLnbarrass cO~mplainants in
the discharge of their duties as wholly TO
put an end TO the completion and opera
ton of said road, for TIE speedy compile
tion of which, rs before stated, complain
auLs through their said President, Robert
C.. Brinkley, had made certain and secure
arrangements. They state thai said road,
if completed, viii be a great and valuable
thorOughfar5 of the greatest importance
and interest to the State of Arkansas;
that over iU are now transported the mails
of the United States and a large number
of passengers, notwithstanding nearly
one whole section is now incomplete, and
the services thereof have to be performed
by stage. COmpiainants fGrtheraver that
the whole of the stock in said company
ever pretended to be- owned by said de-
PENDANTS is as follows. tO-wit: L. NJ. Ma
han, one share; b. c. Brown. One share;
W. W. Wiltshire, one share; j. II. Lewis,
one share; and Robert c.. Wallace, threa
shares, in all Of the EGniinzi value of
seven hundred dollars out Of stock issued
10 the amount of two millions eighteen
thousand n hundred and thirty-three
dollars. When we look az this statement
we can but feel astOuuded at the brazen
impudence Of those with such s. pittance
of the interest involved SO fraudulently
arrOgate to themselves the right 10 con-
troll the affairs and property OF said cor
poratiOu; and it is made but the more
glaring by the fact that there was
represented IN said corrupt and fraUdu-
lent pretended election less than one
eighth part Of the stock of said corpora
ton, the power 20 vote which was OBJ
tanned and used by fraud and corruption.
And vet more brazenly and desiguedly
does it appear, when the fact is that said
Wiltshire and Lewis are positively the il
legal holders of their shares, and those Of
Brown and Mahau of at least doubtful
validity, if nos those also Of Wallace.
CoTnplsiuants positively aver that tue
whole Of said proceedings Of the said de-
PENDANTS are bnt several parts of a settled.
deliberate and corrupt conspiracy on the
part OF themselves and their cOnfederates
to rob compllinants and the other iegiti-
mate stockholders in said corporation, of
their lawful franchise and property, and
to secure 10 themselves the benefits Oft
same, or TO eNtort from them large sums
Va i4AAAiEF AtA AAN EuA1AAet VI HIAEcf alG
that their acts thus far committed have
paralyzed the credit and nearly destroyed
the hopes of h corporation for the ON
pletiOn Ofsaid road. and if they are longer
permitted 20 continue in these or like
acts, all hope for the completion of said
road will be destroyed, the pubic credit
OF the whole State impaired, and the in
jury to compliments and others, the
stockholders in, and the creditors OF, said
railroad, viii be irreparabIe. Wherefore,
and because cOmplainantS Il n have
adequate remedy at law, their prayer is
that said defendants, and each of them,
may answer this complaint, and may be
enjOined and Inhibited from any further
intermeddliug with The said affairs, prop
erty and business of compliments and
said road, and from the iGsJituting any
further proceeding or proceedings in any
OF the Courts of the State or Of the
United States, against cCmplalnants,
touching their rights to hold, exercise
and enjoy any Of said offices, or the fran
chise, property and effects of said C0rpO-
ration, or in the management and control
of the business thereof. Until the further Z
order Of this Court on the hearing Of this
cause, and that by decree OF his hOuOTa-
BILE Court cOEplainants may be secured
in the exercise Of their duties, and
the enjoyment Of the Offices and
franchise Of said corporation, aud in the
possession and management and control
Of the business and property thereof, and
the pretended claim of said defendants
thereto declared to be fraudulent and
void, and then that said defendant may
be psrpetuailv eaj0iGed from in any way
interfering with compliments touching
the same: and TO this end tLsy pray pro-
cess and orders of injunction, Il for
such other relief as may be suited to their
case. ENGLISH, CAN'T & ENGLISH,
ADAMS, DIXON & PIKE,
RICE q B~ENJAHIN,
WATKINS Il RosE,
For Compliments.
Pulaski C0VRty.-I, Robert c.. Brinkley,
do state on oath. that l believe the facts
set forth in the above bill 10 be true, so
help me God. r. e. BRINKLEY. ,
Sworn to and subscribed before me, the
9th day OF November, 1859.
I. D. W. XONLET, Chancellor.
EXHIBIT "B."
In the Chancery Court of Pulaski Co.,
Thursday, September 8, 1869.
Memphis and Little Rock Railroad.
Ordered by the Court, That Thomas II.
Bowen be and he il hereby appointed 10
act as agent generally, and instructed to
cast the full vote for any and ali stock
held by this county in the Memphis and
Little Rock Railroad at any and all meet
ings of the stockholders, This appoint
ment to stand good until revoked By or
der of this Court.
State Of Arkansas, County of Pulaski.
1, George W. McDiamond, County Clerk
and ex-oficio Clerk OF the County Court
for the county aforesaid, do hereby certify
that the annexed and foregoing is a true
and correct O of the order therein eX-
pressed, and the same as appears Of record
on page 23S, Book &C." County Court
records.
In testimony whereof, I have hereunto
set my hand and affixed nay official
Isl seal, on this 10Th day Of November,
A. D. 1869.
GEO. W. MCDIAMOND, elk.
EXHIBIT &C"
Freak N. Mahan ct al, plaintiff VS.. re.
Brinkley ct al. defendants,
Before the Hon. John Mcclure, Assoc
ciate Justice Supreme Court, State of
Arkansas, at Chambers. Order of I~njunc-
ton.
The State of Arkansas 70 Robert c.
Brinkley, Miles Owen, Henry y. Ed
mondson and Alexander Mcdonald, their
agents, attorneys and employees of, in or
to the Memphis and Little Rock Railroad
Company: You and each OF you, your EN-
ployees or agents and attorneys are en-
Joined from exercising or attempting to
r1-,.- l. - 40 - D-asfI1-e - n--,,N . .