Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-12-29
THE RAILROAD MIDDLE.
President BriskIey ct al. VS.. President ID
kahan et al.
Full Text Ofthe Bill in Chaneery at Little
Rock.
STATE or ;
z

Lewis Il Robert &. wallace; ana mere
upon compliments charge and aver thai
they, the said compliments, are the Pres
identan and remaining Directors Ofthe Mem
phis and Little Rock Railroad Company,
a corporation duly organized under ana
bv virtue of an act OF the General Assem-
blv of the State of Arkansas, as passed
and approved on the eleventh tllth) day
Of January, A. D.. 1875, a duiy aubnentuca
ted COPY Of which is here exhibited as tx
hibit a.; that they are such President
and Directors by virtue Of an election
thereto BY the stockholders of said GOrpo-
ration. and have as such, until the occur
renee of the facts hereinafter stated neio'
exercised and managed and controlled Inc
rights and privileges thereto belonging,
and managed. controlled and transacted
the business affairs Of said corporation by
and with the full appreciation and consent
of the stockholders of said corporation,
and without molestation or disturbance
therein, and are now in the use, exercise
and enjoyment, and performing the laOors
and duties thereof, as they have doae lot
twelve months next before the ming OF
this complaint, and are now, and for the
time aforesaid have been, IN the actual
possession of ali the archives, assets, prop
ertv and estate of said corporation, OF ey-
erv species whatsoever, and have been and
now are engaged IN the CONSTRUCTION anu
operation Of said railroad
Complainants further aver that pTlor 10
receiving intelligence of the wicked, cor
rupt and fraudul lent conspiracy hereinafter
stated. thew, through their said President,
Robert c. Brinkley, had agreed upon liked
arrangements ample and certain TO secure
the early and prompt completion OF salo
railroad, which have been frustrated aho
delayed, if not wholly destroyed, by the
defendants by the means OF said wicked
and corrupt conspiracy. ~
Complaiuants further aver tina Whilst
they were 20 enjoying the privileges and
performing the duties OF said onces IN
good faith, and with q fair hope Tor the
early completion of said road, the said de-
fendants-one of whom was of their num-
Der. to-wit: the said James N. Lew1s-en-
tered into and formed q combination
and confederation with divers other
persons, not ali known to plaintiffs,
but including, as they are INFORM
ed, the Honorable Thomas NJ. Bow
en-. Associate Justice Of the Supreme
Court of this State, and john Mcclure,
also Associate Justice oi said Su-
preme Court, the said defendant
Wiltshire being the Chief Justice Of said
| Supreme Court for the purpose of seizing
into their OWE hands the said Offices and
railroad. That this wicked and corrupt
/ combination commenced at least as far
back as the fifteenth day of January, A.
D. 1869, when the said Benjamin c. Brown
I transferred to the said L. NJ. Mshtn one
/ share of the stock of said road, himself
retaining one share, of which two shares
the said Brown pretended, Il now pre-
tends, he was the owner. COmplainants
| further aver hat In the further prosecu-
ton of said corrupt conspiracy and COM
| bination the said Thomas N. Bowen and
I JamesM Lewis cOrruptly and fraudulent
lIy procured from the County Court Of Pu-
Iaski county, on the ninth day of Septem-
Der, A. D.. 1869, an order whereby he, the
! said Thomas NJ. Bowen, was appointed TO
acr as agent generally, and was thereby
| instructed to cast the full vote for any
and all stock held by said county in the
! Memphis and Little Rock Railroad al any
I and all meetings of the stockholders, said
Z Sppointment to stand good until evoke
bv order of said court, as VIII fully APP
pear from a duly authenticated transcript
/ of said order here exhibited as exhibit b..
/ COmplainants further aver that they are
informed, believe and charge that said or
| der was with such corrupt and fraudulent
purpose obtained from said court by the
following means. tO-wlt. They, the said
/ cOnsDiratOrs, Bowen and Lewis, sought q
! time when the regular presiding Judge OF
said court was absent and procured one
Webster, a clerk in the employ OF the
/ said Lewis, TO be elected presiding Judge
Of said court. where, having the said or
| der hastily prepared, they with indecent
! haste, and without mature consideration
upon the part Of said County Court, SO
I organized, procured the making of said
order by said court, and in further prose
I cutiOn OF their said cOrruDJ and Edudu-
/ lent purpose and combination he, the said
I Bowen, as he assumes also, proceeded
himself to be appointed the agent, or
proxy, OF the CITY of Little Rock, with
ike process of which appointment no re-
| cord can now be found. Complainants
further aver that. prior TO this time, the
I'll NNwsH-Es.a hn.aw~ n~AwrfHa1 hnHrnEsNf
with ono snare of stock, and the said
Bowen, their co-c0nspiratOr, being thus
armed and prepared with the orders Of ap-
pointmenu aforesaid. and the said Lewis
being also the owner Of one share of stock,
as they alleged further, combined and
l confederated with one Jackson +. Slckles,
and said other defendants, TO hold in the
city Of Little Rock p pretended and
fraudulent election of said corporation.
Accordingly, the said SicSles falsely as
Stunning TO act as the Secretary of said
CORPORATION, on the 9th day of October
last, published in the Republican news
paper. printed and published in said city
of Little Rock, and in an obscure place
therein. a pretended notice that said cor
( poration would. on the sixth day of this
present month Of November, \.
b. 1869, at the Office OF the
Little Rock, Pine Bluff and New Orleans
Railroad Company, a place almost, If not
wholly unknown in said city of Little
Rock. hold an election for Directors of
said corporation, which said notice was
not published in any other papers. Com
~plainants further aver thar prior to such
fraudulent proceeding it had been the
uniform custom with said corporation to
publish notices for meetings of stOckhOld-
ers Cor the purpose OF holding elections in
one paper published in each Of the cities
Of Little Rock, Arkansas, and Memphis,
Tennessee. Compliments further aver
that there was no election holden or pre-
tended TO be holden by said cODspiratOrs
on said sixth day Of November, but on the
tenth day of said month the said conspir-
ators in the further prosecution CT their
l said wicked, fraudulent and corrupt con-
spiracy did hold a pretended election for
Directors Of said corporation, AZ which
they pretended to have elected as such
the said F. NJ. Mahan, Benjamin G.
Brown, James NJ. Lewis, VIM. w. Will
shire and one Joseph Lenow, the last
named of whom referred 10 never know
ing that said pretended election was frau
dulent and void, and thereupon the said
conspirators as co~mplainants believe and
charge to be true without his knowledge,
appreciation or consent themselves, pre-
tended to elect the said Robert c. Wallace
a director, to fill the pretended vacancy
Of the said Lenow, and they aver that the
said Robert c. Wallace w. not present
nor has he at any time been present with
said conspirators in any Of their netarious
transRctiOnssi since said pretended elections.
Complainants further aver that said de-
PENDANTS having thus fraudulently and
corruptly pretended to constitute them
selves Directors Of said corporation In
the further prosecution of their said con-
spiracy, pretended to elect the said +. NJ.
Mahan President of said railroad, and
have since then pretended and now pre-
tend and declare themselves TO be the le-
gdlly constituted President and Directors
Of said corporation, and are demanding of
said compliments to yield up to them
their said offices and the possession of
said railroad, its archives, assets and
property of every description, and have
threatened and ende3vOred to take the
same from cOmplainants by force and
fraud, in pursuance of such purpose insti-
tuted FIRST in the Circuit Court of said
county Of Pulaski a proceeding in the ma
ture Of quo WdTrdntO against complain
ants, and procured from the Hon. John
Mcclure, Associate Justice of said Su-
preme Court, his fiat as such for an in
junction TO be Issued against complain
ants without any notice 70 them of any
application therefor and without any
equitable proceedings therefor pending,
aAd when compliments and their attor-
neys refused TO obey The same because of
its llegality and after they had failed
10 procure from the honorable the
Judge of the Circuit Court, before
whom said order of injunction was made
returnable an attachment for contempt, |
they procured the said Associate Justice
to issue his fat vacating his said previous
order for said injunction, and so aban-
doned the same without instituting any
equitable proceedings thereof, and there
upon Immediately procured from the
said Associate Justice, without any no
tice to the co~mplainants, his fiat to the
Clerk of the said Supreme Court, direct
ing him 10 issue ar order of injunction
against compliments, their attorneys,
agents and employees, enjoining them