The New York herald., 1869-03-24

The hearing OF the case was then adjourned TIL
saturday next. at twelve O'Clock.
for defendant. Messrs. McFarlane, Barlow, Allen.
Clark, Bell and Allen.
Further Revclafisns-A Now Complaint-
Rare DlscIosures About the Working Of u
Railroad.
James Fisk, Jr., has filed second supplemental
complaint averring that since the hrst supplemental
complaint he has been informed OF the following
factsThat OF the defendants resisted the SER
vice OF the previous injunction by violence, and
did, notwithstanding It, proceed to hold an electon
that the defendants have applied to Congress to
legalize their action and to oust this state Of its
jurisdiction over them; that the Credit Mobier has
spent its assetts and has property In the State
that the defendents pretend that the entire capital
mortgage bonds, and the bcnds received Sy Il nom
the United States have been expended on the road,
and that II has no property within this State ex-
these pretences are false and attempt to conceal
the assets OF the company from the court and It's
247 miles were built under contract with the Credit
Mobier and the rest OF the road was built under
contracts with Oakes Ames and J. w. Davis; but II
terested therein and the contracts In tact
own benent; that the prGts OF such contracts have
been divided among the directors and some OF the
stockholders; that the books OF the two companies
companies have conspIred to prevent the plaintin
having access TO them. The plaintn then prays for
already Obtained by him. The following af,idsyit
was also offered in support Of the complaint
The affidavit OF Edward Epsgn sets forth that he
Is managing clerk IN the ONCE OF Field Shearman,
the PLAINTIFFS attorneys; he had heard read copy OF
the complaint sworn to by the plaintiff in suit OF
America and others, commenced In July term. 1865.
now pending in the Supreme Court Of the state OF
Pennsylvania which said copy Is duly certified by the
fhnu0 xsF
the said McC0mb Is now and was at the time Of max
ing the said complaint a director OF the Union Pa
well ACQUAINTED with lie i afiairs Of the Credit No.
bllier of America that the sixth paragraph OF said
complaint Is Us foows:-The Union Pacific Railroad
Company. . corporation organized under an act Of
Congress- to which your orator Graves leave to REFER
credits, privileges powers lands and bonds In large
and liberal measure have been bestowed upon said
struct and operate line Of railroad and telegraph
from Omaha. IN Nebraska, westward to . point
east from the Pacific coast. The Credit
M0bilier OF America under lawful contracts
constructed nearly the whole OF the work up to this
time done by or for said railroad company, and Is
bound BY its agreement to do much more. In this
pay to the said Credit Mobilier compensation large
enough to make the employment exceedingly pro-
bier has been able TO divide among its snareholders
dividends consisting OF Onion Pacific Railroad Com
pany's bonds, Union Pacific Railroad Company's
per cent on the capital OF the SAID Credit MObiier,
paid In as $752 per each share OF S10O There still
large surplus undivided Of profits already made.
equal your orator believes to at least 500 per cent
OF It's capital and the said capital ITSELF any part
thereof has not been used nor expended or lost In
the business OF the company. The capital OF the
said Credit Mobilier OF America Is WORTH and as your
orator believes would sell in any market where Its
true value is KNOWN for ct least $500 per share Of
500.
Judge Barnard then granted the following injunc-
tion:-lt appearing satisfactorily to me, by the AMI
davlt OF Edward Ensign and by the second supple
mental complaint herein, duly verified by the plain
till. that sufficient grounds for an injunction exist
do hereby order that the defendants the Union
Pacific Railroad Company and the other defendants,
refrain from receiving from the United States any
bonds or grants Of land and from issuing any mort
gage bonds or land grant bonds; and do furtner
order that the said Union Pacific Railroad Company
the Credit Mobilier OF America and all the other de-
PENDANTS in this action, their officers agents and
servants refrain from removing OF this State or
from the offices or rooms where they now are, the
books and papers OF the said two companies or OF
either Of tiem any books papers relating to the
contracts mentioned in the said second supplemental
complaint or any OF such books or papers, and from
preventing or binding the plaintin from examining
the SAID books or papers, or any Of them, until the
further order Of this court and In OF dis0bed
to this order you Will be liable to the punish
ment therefor prescribed by law.