New-York tribune., 1873-05-27
THE CREDIT MOBILIER SUIT.
Continued from First Pr =e.

OF the Union Pacific by he contractors ana the manner
OF making the pretended payments Tor the same
Neither the Credit Mober Of America nor the trustees
have ever paid any of these subscriptions or for any
portion Of the large numbers Of shares OF STOCK ssueu 20
them bv the officers of the Pacinc Rlilroad Com
panv nor were any assessments made upon sald suo'
scriutions for the stock OF salu Ouloh fdCluo
Railroad Company required Dy law, Out
said defendants. acting in tne i nnlawinl 's, ana ana
fraudulent manner before set FORTH allowed the
excessye prizes agreed 20 be paid 10 tue Oedt M0ber
OF America under the Hoxe conraci ana 20 sd tius-
tees under the socalled Anes au DsNt5 VoulLScs, 70
he charged aainst the said niOn Pacnc Railroad Conn.,
pany in tie construction accounts OF sald rairnad and
eieronh na under said precu ted contracts aud, ais
c9used the said Union Paclnc Railroad COnipany
TO credit Credit MoDher OF America ana sad Lfns
with such excessive chafRer anu tuu set on tIe
contract prices the subscription in the accounts
between the snd pHG a., rs Irt P,S I e @ P liz e se ~
ments paid the original subscribers thereto In good
faitb was also allowed 10 the Credit MODiler
manner under the H0xie contract Toe said non Pa
iac Company has not settled with tue Creiit MOber
r tbe pretended performance OF the HOxie contract
and with said trustees Tor the pretended performance OF
the sOealied Oakes Ames Davis contracts but tie
ana with SAID parties remain open ana unsettled Win
large balances claued by said parties against said rail-
road. All such pretended payment for subscriptions
growing out Of tine unlawful and fraudulent ransac.
lions herein set forth void aud of effect and sad
pretended balances are fictitious and should not be al
lowed Among other pre ended debts OF said UllOn Pnc
Railroad company outstanding note for $2.OOOO0,
70 said Credit MODier in consideration OF said
pretended balance due ON the bOXie contract Dh aou
ally without any value received by the Union Paelnc
Railroad Company, said notes claimed 10 De neld Dy
Elisha Atkinson, of the defendants under the same
pretended trust, winch is not admitted TO be valid.
Paragraph 90. Tie said defendants herein before
named caused LOT OF large amounts OF money belong
INK 70 the corporation 70 De expended Tor unlawful pur-
poses upon OBJECTS not within the scope OF the copo-
rate powers OF said company W.T. in procuring egis
laOn from Congress TOT their benefit and IN improperly
influencing public officers In the discharge OF tneir duty
anu In hhgat0us TO winch SAID cOfpOrauon was not
party. IN which had no interest and were private
interests 10 said defendants before named, and
the sums thus WrOngtuiy apprOprlAVeI HOm me lfes
by said company al various times amounting IN the
aggregate to g, 900 900 ana upward.
Paragraph 80 refers 70 fraudulent transactions Of
Busbue llin 1869
further divisions and distributions among themselves OF
the assets said Union Pacific RIilroad Company IN
casa bonds stocks property and rights OF property ana
also other allowances u themselves IN the pretended
sale OF said bonds, stock, and other property
OF the corporation 10 themselves. and paid
10 and divided among themselves larss
amounts OF property Of said Company as Comml'-
compensation for loans OF services winch com
plainans are unable 70 SET iorth particularly ahd I'D u
tail as dates and amounts aud the names OF defend
benefited thereby, 6ut all Of which amounts to a
large SUN, 20 VIII the sum OF SlOJUJ I'D excess
Of the amounts AcrenDefore particularly SCI forth;
Paragraph claims tnt stocks aud DOnds so divided
are still held by rhe ieBdants.
Paragraph claims the financial condition OF the
Union Pacific Railroad Company Is sueh that us man
may, when II may seem 10 hen auVhtAgeous lor
theIr private purposes allow interest on Ae nrst mort
and It's appurenances 20 oe sold under the deed OF trust
and mortgage, aud indefinitely exhaust the security Of
tine United statea
USLAwFULLY ISSUED BONDS.
power IN issuing portions Of the rst mortgage bonds.
and III Of the land grant bonds aud income bonds, and
stock and bonds issued in the Of said Railroad
Company in ullment Of the unlawful purposes herein
before set forth, are unlawfuly issued and not
valid as against the Company except the hands Of
bona tide purchasers without notice. such there De.
Paragraph Al claims thar the Trustees responsible
for stock and bonds so issued
Paragraph q recies tue grants 10 the Union Pacific
and Tie rights OF the United states.
Paragraph 4S claims that the present management Of
the road Is adv verse 10 the interest the United
Paragraph 44th relates TO the rights OF the United
Paragraph Ash relates indirectly 10 tine Congressman
who received dividends and asks leave to make al such
fal'ipl AZ I som 6afe9s1ts for ne p1r'oe of CO.
lectlns the names OF COnTessmen and Others VIE
ceived ii yideuus through trustees.
Paragraph AZ consists Of prayers for special and gen
eral relief, requiring the Union Pacific Railroad Com
an property granted by acts OF Congress trust
fuG. decltTjng rbe Hoxie Anes aud DAVIS contracts
raudulen declaring the Land Grant and Income bonds
awuly issued ascertain prce and cOnsidsra-
ton for everything; that all parties who sub
sCribed for. but did not pay full value
for stock decreed 10 the property the Com
pany; requiring the payment IN full Tor the stock IN
money; that FIRST Mortgage Land Grants and Income
Bonds be surrendered 10 the Company and cancelled,
passed into the hands OF BONA nae purchasers
Sa61o4 1Sq notice ececed r moaey age ha "Se Be
decreed be surrendered 70 the Company and Cancelled
be declared Jointly and severaly bound 70 pay 10 The
Union Pacifc Company in money and maze good the
ssd Compauv the whole amount of bonds and stock -
properly issued 70 them; tHat all defendants VINO Sc
cured rom the L. 2. Company, directly indirectly,
througn or by the Credit M5bier or pretended trus-
tees under the Ames Davis contract, any
bonds stocks OF the Company IN the way OF dividend
dstrution allotment or otherwise may be decreed
be- ointIv and severlly responsible therefor pay
the amount thereof tine said railroad ID oasn Tne
financial condition of said Company may De declared TO
be reformed that the actual cost and fair price OF
the construction ana equipment over aud above
s5S States -'ISG bonds issued 10 ssd Company snal
he represented only by stock fully paid, or II his
not be done tnat any excess OF the fair price
over the price Of the Uniled States bonds aud O
frs aortgs bonds OF said COMPANY and al excess OF
stock and OF FIRST mortgage OOnds shall be can
Grant bonds and mortgages aid trusts
Company with reference 70 said Land Grant bonds aud
IncOme bonds be decreed to be Cancelled that
count be taken Of the IN property expended or
expended for improper purposes by authority OF dt-
fendants herein before specially named, out Of the
OF said Company and that they be required 70
with Interest. thar Bushnell be decreed 10
aca,,p TO- tbs yalu 81 any md an properrv disposed
OF by him, prOns realized from the &c tnat
the UuiUn P4cinc Railroad Company be enjUaed from
making OF permitting be made any Of is reve-
uues, receipts and credits which shall DIS
able them ircm paying Interest from tn time e.' 70
mortgage bonds OF the company, from paying
interest or principal on any nrsL mortgage aaa grant
aotments OF pro1t 10 shareholders IN auy way, from
making issuing selling or IN any way pedslng or dls-
posing OF any sinking fuUd or other bonds under the act
for the issue OF S6,OOOOO amount OF sinking fund,
or from in any dlsposing OF any other
stock OF bonds OF the Company, from making any
contracts without reporting the 70 this Court and
obtaining ne confirmation that Durant, AInes, Alley,
Dillon, Bushnell McCOmD, Bates aud Dun DE eulOlneo
any transfer sale, other disposition OF bonds or
stock Of the Company held controlled by them thai
oil the defendants be eniOned from disposing Of the
property received by them in the OF dividends or
allOtmeIts; that the Credit MObiler COrPo-
ration be eniOned frOm the disposition
Of such stocks bonds OF the Union Pacific and from
any transfer sale distribution among lie Stockholders
M Tua pf
That tue Atlantic Pacific Telegraph COMPANY, the
Wyoming Coal ana Mining Co., Tie Omaha Bridge
Transfer Co. be similarly enUined and prevented from
making further without reporting 10 this Court
thai de cndants t1.s SUIT De enlOined from receiving
LLH.r. Ind. III llnl.nl la INN