, 1873-02-22

equity Tor tlns breach Of trunt. This Is tho baan
upon which suit ia recommended, and 1t appears
to DO Bonnd;
Tho act proposed by tho Wilson Committee tlrst
doflnos tho nature Of tho proposed lawnnit. It
provides TINT tho Attorney Gonoral Of tho United
statos shall bring suit In equity agatnHt tho
Union paclnc Isatlroad Company, nnd may n-
cludo as pnrtloa-dofondant tic following nor
aona: l. Thoso who lavo subscribed to, or
received ntook In this Company without paying
for It in full. a. Thoao who rocoiyod In diyidonds
or otherwise my portion Of tho capital Btock
contrary to equity. 0. Those WHO havc received
profits from construction contracts which right
fully belonged to tho corporation acting AZ
TruRtoo for tho Government. 4. Those who
havo un1awfully or wrongfully divided United
statos moneys, bonds, or land which
should havo boon accounted for to tho
Railroad Company or to tho Unitol statog. The
suit is for tho purpose Of compelling tho colloo-
tion Of such moneys, or tho restoration Of such
property, or its equivalent in yauo to either tho
United 6tatos or tho Union Pacific Company, as
In equity may appoar,-for tho purpose Of pro-
tecting tho Governments interest III tho road as
tho ho|dor Of tho second mortgage. The act
also proyidea that thoso defendants may DO
made to answor separately or together in tho
United esatoR Circuit Court Of any circuit; that
docrooa may bo enforced against my party de-
fondant without waiting tho final determination
Of tho suit ngainat tho other dofondants. and
to abide tho result Of tho suit, wherever it may
be found.
Tho act is certainly comprehensive enough, to
oil appearances, to reach ali tho partios who
have boon guilty Of defrauding the Government,
and to recover from all who are financially ro-
aponslble. Under 1t, A1r. Oako4 Amos could bo
euod individually on tho contract which ho first
mado with tho Union Pacific Company for the
construction Of tho road. Thon Measra. Oliyor
Amos, Durant, and tho others who wero parties
to tho celebrated "Triplicato Agroomont,"
by which tho Oakos Amos contract WAS
Transferred, aro mado liablo, The stook-
holders Of Credit Mobilier, and all thoHo
who have received Union Pacific stock
In tho way OF dividends, arc included, 30 thnt
MeHars. oolfax, Patterson, Bingham, Bcofold,
Kelley, and other Congressional Stockholders,
would have to answer for tho amount Of their
proats. Gonoral Dix, Of New York, who got
$4,000 stock without paying for It, would bo
called on to account for this amount. A1r. Har-
lan, Of Iowa, would bo liable for tho $40, 600
which DR.. Durant gave him, If It could DO proved
that this sum came out Of tho Union PaciRo
Treasury. Tho act thus contcmplatcs
an earnest effort to reach ovory man
who has enjoyed profits or benefits out
Of tho $23,oo0,000 Which the Committee
find to have baen stolen from tho Government.
by other sections Of tho amendatory act tho
Government is protected ngalnat similar frauds
IN tho future, and any Director or ofIleor Of tue
Union Pacific Company, who shall hereafter
be instrumental in declaring diyidends or MAX
ing mortgages thus forbidden, subjects himself
to $4,000 fine and two years. imprisonment.
The aot authorizes simply resort to the Courts
Of Equity, whero 1t shall be adjudged what pro-
portion Of tho stolen moneys, bonds, and 1anda
ahall DO refunded BY tho several parties who
havo boon guilty OF breach Of trust. Tho favor
ablo result Of tho proposed suit would strengthen
tho Union Pacific Road instead Of crripplng it.
and would toaoh lesson to tho speoulating tribe
In and out Of Congress- which they would long
remember.