Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-12-30
THE LITTLE ROCK RAILROAD.
The Suit of the Old VS.. the New Board Of
Directors.
Answer Of the New to the Bill of the Old
Boaru of Directors.
In the Separate Court of Chancery Of Pu-

In the Separate Court of Chancery of Pu-
laski county, Arkansas.
Robert C. Brinkley, Miles owen, Henry
B. EdmondSou and Alexander McDon-
aid. complaiuants, vs.. Frank N. Mahan.
Benjamin {. Brown, James NJ. Lewis
and Robert c. Wallace, defendants.
The answer Of the above named defend
ants TO the false and malicious tissue of
argument. assertion, representation
and abuse by said complaInants eXhiblte1
in this honorable Court against them, and
by compiainants falsely and without rea-
son called a complaint in equity
RESPONDENTS first respectfully ask the
attention Of the Conr5 to the abundance
of such beautiful expletives as 90 ~ icSed,
corrupt and fraudulent conspiracy " cor
ruDUIv and fraudulently,' e. nef rious
project " " brszen iI6pudence." D." 'ul~gust-
ing " conspiracy TO rob, etc, &C., Win
which this pretended complain. - -arn-
ishpd. They do not ask your Honor TO
have their impertinent phrases aud asser-
tions struck from said bill, because they
know and understand Ii y such phrases
are but the stock IN trade with which
narrow minded attorneys impose upon
cOntidiug and creduious clients, inducing
s,ich 10 believe that because they are
z-er-ed in the use Of what Is known AS
.. Billing gate that they are also versed
sn th.. principles of The law. Npt wishing
10 disturb the eQuanlunity Of the person
who prepared the " sO-cdlIed " com plant
5n emmy. respondents are willing that the
phrls-s may stand unclsturbed IN ali
their glowing beauty upon .he pages OF
she said complaint, 10 the other allegations
of which they are remarkably well suited.
TI,bs,, content themselves with bare de-
-,i-I-of AL and all such assertions, but re-
serve 10 themselves the privilege OF ierl-
Ing the utmost contempt for them ana Ior
fba men who could use them. Sucn IAN
outgs is never used except te bolster
Is.E cause: and the only Justification
cor1plainants can find for using II Is, thaJ
tb.ir cause is u weak one, and that u Is
Y,,-,..ssarv 10 - kick up a dIrt " IN order,
IN mss. ,Ia. TO disguise their weakness.
Fee inc thai heir cause IS strong DOth IN
law ana jusIics. respondents do not pro-
nose 10 follow the iiiustrious example sci
Them Uy c0mplalnants.
Re,popdenls admit that the Memphis
ana Little Rock Railroad Company is
co-poralion. chartered in due form by The
60. al Assembly OF the State Of Arkan-
- -. II approved January llth, lc53,
a--S r. 49,, r acts amendatory thereto,
1,.yti.,51.-iy re approved January ~,
1s55 This last nas sued act, altnougn long
since duly accepted, 0i2u s1tnouEI " ~
the land grant made by thC Chi-eu 9ta,1S
ants would like to keep out Of view as II
contains a provision which would show 70
vour Honor ana 20 The public, 10 whom IN
reality said complaint Is addressed lhd1
Observation-Disclosures have for years past Oe n
persisJenily and wilfuly violating lnelr
charter and the laws OF the state rom
,,,,,ich alone the company derives It's vital
- The seventh section OF that act pro-
--;Ges =. hat after eighteen months from
~ r,.s.-g,v.. OF this act. IL shall be the duty
- - I5tilr-ad Company TO locate their
,Sf7i,.s ~ HoDefa,d, Little Rock, or some
ofber point within this state Regard
less Of tins plain and simple Pr0NlsiVll- .sIJ 4
regardless OF the plain, Gear anu p" 60
tsbIi.hed law of the land that v d coIpO-
rsrfoT, mas no Teral existence outside O.
The sovereignty which created II ana thay
il cannot migrate % another sovereignty.
which principle has been asserted anu
,-a, -serted boy the courts OF the CnlJeu
Sal, and OF almost every State IN the
T-ni,,n including Tennessee, these COM
7,lsiuants having first seized INTO tner
hands the on ices and property OF the com
,,gr,,y b,y y-irtue of a pretended election
he'd I'M the citv oi Memphis, in the state
Of TaDues-ee have EOr years continued 70
Sef- fha laws cf the State which created
II have Kept the office Of the COMPANY 10
Gated in tie city of Memphis, ana nave
there called and held elections, made con-
tracts. AI1la dIn IeNtLhEA 0f-le1A lNss saA-NA -
posed Of the assets OF the company. On
account of their illegal acts, the company
has been placed in direct NlOlatlon OF us
charter: and so long and so persistent
has been their continued course OF he
gality. so many acts OF forfeiture nave
been commIted by them, that until re-
spopdents Organized the company had been
and lcts 1mDieteiy diS0Tgdn'zed' Us char
ter forfeited and rs franchises at the mercy
aud held only BY the JdUor Of ne dEthoT1-
ties Of the State Of 4TkTHSGS.
Respondents are informed and believe
that complainant Brinkiey has known ot
the illeRa.iIy of the acts Of himself ana
bis accomplishments for at least more than
rv,rlVe months past and that hs las &d"
r,ifteI ds much. and vet sinca that tlme
he and IA Is CO. -Ompiuuants, Owen sod I'd
ruaudS0u. 0c'iRg as 90 SO-c1Aet i-Icra -tge
g.yasq8ffes have assumed The . a., ana
have pretended 20 sell TO one L..i' rsun.
one million ana ten thousand "l rs ol
the stock Of ihe company, tt'H 1say'i'tt t@-
actlV irrge enough 70 cOrer 0H me teyW
stock OF the company, lghtch diaOu'tH e.
acfig 10 one million eight thousand one hit,t-
dyeI and thirty three GOtlGrS,) ~ m-re
nominal price, and have, as respondents
charge. executed aud delivered 10 hun
preleudrd certificates 10 the elect Lhat ne
= the holder Of that amount OF stock IN
J. -oDuany. Even IL cJmplalnanJs had
the , "a reality officers OF the company,
been D.. ,ctiJn would nave been iIegal,
this trans that IL Is in direct violation
from the fac. -tion Of the act Of January
OF the nlnJh SCI said company, when
Al, - g. chdrteTius zqner ~ which STOCK
provides ' that he la prescribed by the
stockholders at "a genera respondents
from the further tact that, as a said sale
are informed and believe. that ,. g,Orv
s.aid Briukl-y ressrUed to himseg -on.
70 zoe tkot stock iH uH elections o. me y
slqny-thus giving himself peFPe1u 1ul.-
N the Presidency, ms Irlehus a"I -
a perDetuity in the offices ana l-t JoDs'
ana rendering the transaction not ohiy
iIegal bur fraudulent, and hololnE IA SUD
ordination all the legal stock OF the eoHl-
pany. .bts d;sorgsp-
I'D condition, its cnarter lorlelteu1 Us
= = t,erty in the hands Of an illegal DOdy
Pr IN who. it was believed, were sacrl-
go, he interests Of the stockholders IoT
+iSi5 N reimbursement, members OF
stIe4L ~. nv owning and holding stock 10
- - S-,l. two hundred and foriy-seVeh
tbons@,1f A. 'ars, being deslrous 10 saNe
the couipapy ana lts lrahcnlses' e.3',i-
mined To, aud d. q car ePoi, ~ t-tls R0ci,
b,,I3arz ~ ,y,..at Ar he city OF Llttle I'oSN ~
upon the Slh day o. NJ of3cers of the
the purpose Of eleeu'ug ia ,rss
company That meeting ", ,fiths lorb
continued from day 70 day III r,,i-,ht bs
in order that ali stock holders hi5.--
-btinsd: finally upon that day the sto..
cf more than three-fourths OF the ,lsca
having been notified Of the time, } IA
aD6 objects of the ugeeIing, the stockho. "a
-. ,,-,.sart representing Two hundred an.
-fortv-seven thousand dollars OF the stocA
of the company, proceeded 70 elect re-
sDondepts T. NJ. Mahan, W. W. WllshFe'
II NJ. Lewis. B. C. Brown and Col. Joseph
Ienow directors Of said company SoL'
Ienow declined TO serve, out the ASSET
tion that he did so because ne knew .s,', ma =
satd election was fraudulent ana Noiu, A.
absolutely and positively untrue. COl
Iepow took the matter under adViseintliit ~
r,r several days. and finally resigned MS
t,osition in due form, giving as ms feason
Tor 50 doing. that has other pressing pr
,yate and public business engagements
,,-onld nrevent him from giving proper al
tention 70 the duties devolving upon hlill
as director Of the company. Respondents
hereto attach a COPY Of said reslgnall-n u
xhiblt q" TO this answer, ana holu
the original subject 10 the order OF lhe
gourt. The four last named feslghu,ei
then met and elected respondent w alIace'
with his full knowledge, approoAtloil anu ~,
consent. 10 the position MADE vacant oy
tbe reslgnation Of Col. Lenow. Iney then
77roceedsd 10 organize and TO Institute
y,rocaedings 10 have complainants diNest-
"A OF the offices so Illegally helo alu
abused. and 10 have their own flgnt ue ue-
termined. And yet. because they have
assumed the execution Of the trust oe-
VOWED upon them, and because ihey hase ~
in peaceable manner appesied 20 'Hs
courts Of the country 10 deteFullue 80 =
merely legal question, they have peeh
made the objects of loud ana lohg-con
1!nued abuse and misrepresentaLlon' eA.
tending not only to their acts, but 10 Iheli
motives. and extending also to the eourli
and Judges Of the state in which Of neces'
eity lheir actions have been commenced
Not only in this document called com
ulaint IN equity, have they and the courts
ID Judges Of the Supreme Court of this