Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-12-30

! Rock Railroad Company was duly organ
lied. They deny that cOmplainants are
the President and remaining Directors Of
said company. They admit that they
pretend TO be such, but deny that they
held, hold or have right TO hold said Ofh-
! ces by virtue of any legal election. They
deny that they exercised said offices with
the consent and appreciation of all or
nearly all the stockholders of said COM
panv. They say that the pretended elec-
ton under which cOmplainauts pretend
TO hold. was held and conducted at Mem
phis. ia he 81 te of Tennessee, and not
within the limits of the State of Arkan-
sas (which was the sovereignty and the
only sovereignty which or, aled said COM
pauv) and wt> therefore illegal and void.
This fact was well known TO cnmplainauIs
aud was carefully concealed from the
Court by them. for the reason that if
known no court would assist them in
perpeIuating heir II ega control and car
rying out their illegal acts. Respondents
admit that cOmplainants have and have
had control II ne property Of the com
pany, and e~pondents believe THAI they
nave wasted tuem The whole stock sub
scription, 81, l03 lS2; the proceeds Of II
$4,000 first mOrIg g g indSi $50, 900 Navy
Yard bonds; S4Ji, ,OuO Arkansas stale
bonds, and 500 o in gold lent to the
company by the state of Arkansas, have
All disappeared, and the road is but half
ini-hed How al these funds have be n
disposed of, is secret known only TO
c5uiplainsuts and their friends. If wasted
by prec ding boards, would not complain
ants long since have published it TO the
world?
As 10 the alleg alton that at the time of
the meeting of the stockholders at which
iespnndenis were elected, complainant
Bnnkley - had agreed upon fixed arrange
ments, ample and certain, to secure the
early and prompt completion Of the rail
road" while respondents cannot see
what such an allegation has to
do with the merits of the legal
question involved, and view it as mere
- bancombe inserted for effect npon out
siders, they hope that they W Il be ex-
cused II they express slight doubt as 10
its truth. Since complainant Brinkley
has been pretending to be President Of the
company. so may such fixed and certain
arrangements have been made; so many
days have been set for The certain compile
ton Of the road; that respondents, ike
many other good men, begin TO distrusJ
them. Respondents can remember that
within the past four years, each of the
following days have been publicly set and
fixed for the certain completion of the
road, to-wit: Isl October, 1866; lst Janu-
airy, 1867; lst April, 1857; lst October, 1867:
LIST April, 1868; Ist Ociober 1858; 1st De-
s;sT. 1859. They also remember that one
of these " fixed arrangements, ample and
certain" d" has always been made just be-
fore each annual election, and just after
has alwavs failed. For these reasons re-
spondeuts respectfully ask leave TO doubt
the truth of this allegation. Respondents
deny that they entered into any conspir-
scy with anyone to seize the railroad,
much less did they enter into such con-
spiracv with Hon. Thomas NJ, Bowen and
Hon. John Mcclure, or with either of
them. The mention OF the name Of The
latter could have been, and, as IS shown,
was based only upon the fact that IN the
exercise of his Judicial discretion he
granted certain writs. applied for by re-
spondents, which writs respondents say
that bv the laws Of the State Of Arkansas,
he had the perfect right to grant.
The accusation msde against him is
gross and graJGitous insGlt TO member
of the highest court Of the State Of Ark3n-
sas--one tending to bring al the courts Of
the State into contempt, and one Whlch
every court in the State owes lJ 70 ltselt
and TO its own dignity to resent and pun
ish As for ourselves, we can only say
that the charge is positively untrue. Re
spondents do not know of their own
knowledge how it was that the County
Court Of Pulaski county, or the city OF
Little Rock, came TO appoint Hon. Thos.
NJ Bowen their agent, or 10 authorize nlm
10 cast their votes in said meeting. But
they are informed and believe that no un-
due OF unfair means TO obtain such orders
were used, ana they consequently deny
the whole charge 70 that effect. They
toint. a. a complete TefutstlOu of this
charge, TO the fact that Notwithstanding
the publicity which has been given TO the
translation. and Notwithstanding all the
efforts Of compliments and their friends,
neither the County Court of Pulaski
county. or the Mayor and Aldermen of
the ciry OF Little Eock, have revoked
said appointments, or 0isaE0Wed the act
of their said agent.
Respondents are informed and believe
that the notice calling the meeting was
published bv order OF meeting Of the
stOckholGers az good faith and form. They
deny that ID syus puDli-ued N an obscure
corner OF the newspaper They deny thdi
il was called 10 meet at ap obscure place.
When o. il known that cOmplainants held
all the books of the company, and thai
If they naVe any bye-lawS they were never
published, # is not surprising thai Ine no
. Jices were no. published according he
custom" BuJ whether properly puU-
lished or not more Than tbree-fuurr- Ia
value uf the stockholders were notified "l
the lime, place aud object OF the meeting.
The meeting Yves opened on the bth, was
adjourned from day 50 day until the
ltth. ia order that an the stockholders
mlgnt be notified. and ON said Gay the
city OF Memphis. which owned over one
hatf Of the stock OF The company having
refused 20 vote, the sturkuV.Uors iresen-
plu1eeded with The election. Re>psnu-
EMS adni, THAI they have commenced le-
gal proceedings 10 obtain possession of the
properly OF tue company, but they deny
that they have attempted to do SO by force
or fraud. With the eACep ION OF the col
Uring placed upon their ac,s by the fertile
i'm, ,ginatiun Of cOmplainauts and counsel,
,beT "a, mij that the legal steps they have
zen are very nearly stated correctly n
he $50 called complaint; perhaps AZ cor
:. -Iv a. uersous looking through their
.,iss.e., could have stu. eG tAell, Heht4e-
- - have long held fat olaces, now
a,,s- iIIagsIlv, generally hate TO be de-
,,ri,,o5 81 tb.ul. Respondents admit that
ia.oy,T,i.ips1ts re Used obedience 70 the IN
fnDclions served upon them, and thaV on
peinR arrested for cOntempt Ihey "eI0
aflerward discharged on nSOeas corpus
They deny that they prDeufed '"S a..Ui 49,.
uey-Generu TO institute Nnd issue "Is
Of quo warranJo against compialha:''S
but say that he did 50 on his own hollon
on becoming cognlzant OF The liiegall.y ~
complains nJs' ac. S, as it vas hls duty 10
10. But every one, however high ms Po-
sition or eminent his character, VINO
moves against these CDtupialnchth 70 &c
prive them Of the fat offices they now IL
legally hold, is, in their estimation, con-
sniraror. Respondents admit That the
road runs through several counties, buV
say they have no idea Of commencing any
further suits, as they are satisfied lhat lne
ones already initiated VIII accomplish
their object They admit the statement
- to the amount OF stock held by Ihem.
The slur as TO the doubtful validity o. ne
stock held by them was as uncalleo LOT
81 untrue. What the amount OF STOCK
bel5 ,,an have 10 do with it respondents
csnnot see. No one can claim rlght or
.(court ~ tne amount OF his stock 20 rep
,a-ant the company when more than fouf-
ffths OF its legal stock Is held by corpora
lions. ResROndents deny taat the STOCK
of the company amounts 10 SZ,Ols, lSS, and
aver that II is only Sl,UOs, lS5. me nrs1
amount was obtained by adding lhe Si',
mO 600 illegally and fraudulently Issued
TO Eppersou, and which they own, forms
no bart of the stock OF tue company.
/ This stock, so Illegally issued, was issued
/ 10 a pretended corporation called the bI-
/ Paso Railroad Company, Il corporation
which has long since forfeited lIs lahq
grant. which was nothing but a bare Iegai
I entity, which, with all its boastings, mas
not. AS respondents believe, bullt nile
/ 6f road. and which no sane or thinking
| man believes, OF pretends 10 believe, VIA
/ ever build its road, and was In great psrl
/ paid for in the worthless stock of That
company, which payment was accepted
I by these cOmplaiuants.
/ Respondents deny that they are acting
solely for their own benefit, or that they
want any one 20 pay them a dollar. They
laugh at the idea that by TINS litigation
the credit of the state will be impaired
And now having fully answered, they
pray that the injunction heretofore
Granted NAV be dissolved; that this an
s,yer be considered a cross hilli that com
plainants be enjoined fronsacting or pre-
Iendip.r 10 act as President and Direction
of SAID company; that respondents be de
creed 10 be the legal President and Di
rsetors Of said company, aud be placed II