New-York tribune., 1874-12-07
LOCAL MISCELLANY.
A HEAVY RAILROAD SUIT.

A HEAVY RAILROAD SUIT.
FOUR HUNDRED THOUSAND DOLLARS DEMANDED OF
TIE ATCHIsON, TOPEKA AND SANTA FE RAILROAD
CcMPANY--GEO. OPDYKE d co. AND OVER TWEEN
TY OTHER DEFENDANTS.
A railroad suit of considerable interest to
business men and Others, and one which promises 10
reveal some OF the methods OF Western railroad build
Ing win be brought to trial In tho Supreme Court
Of this CITY The suit is brought by Henry W. De Puy
against the Atchison. Topeka and Santa Fc Railroad
Company Geo. Opdyke & Co., Sherlock * Hi' kiud'r'
Peabody & CO., all OF New-Y0rk. and about 20 other
defendants and It's object is to recover about s'oooo
which the plaintiff claims Ia due " MN 40
his share on the profits of the ROAD anu
the sales OF lands, bonds. &c. The plannh
In his complaint makes the following statemc"''
The AtobIson Topeka and santa Fc Railroad was char
tered by the act OF tho Legislature OF tho territory VI
Kansas and adopted on Feb. II, 1852 Inc COMPANY
was authorized construct railroad from the oi'S "
Atcbison, Kansas. the west bank OF the Mls'ou'i
River through the State some point on its southern Ut
Western boundary In the direction oi the Cy oi santa
Fc as we'll o branch road IN the direction Oh 'no Gun
NJ Mexico Right OF way To the width OF 100 rect ana tho
usual franchises and privileges were cohierreu onu
this charter the Company organiz'u III io"'' '"oN" "
did nothing toward building the road ior sohe years
Meantime. in 1863 the United States Government
granted TO the State OF Kansas iarSo qua"'
ties of public lands TO aid In the CONSTRUCTION
~ railroads These grants accepted by the state
the following year. The State then agreed TO convey
such portions OF these lands as were cohgiouS ~ VI"
line of tho proposed railroad to tho company anu ~
ing be same wear authorized and empowered the conn
ties living along tho line OF the ROAD To ISSUE county
bonds to the Company in exchange TOT iIs s'och' I"
O,obcr 1867 the Company first began to take measures
Iooki, toward the construction OF the railroad theD
entered into a contract with one George Washington
Beach, whereby the Company agreed 10 transfer W
Beach I'm consideration of his building tho road all Its
right aud title to the lands granted by Congress "
the State of Kansas in aid of railroad consructon
the county which had been or should he vOcd III
aid OF the road all the mortgage bonds OF the company
and the Company agreed TO issue such bonds as were
rconired by Beach,; all other subsidies or dement's
already granted which should be granted rom any
source TO the Company and also all the capIai s'ocA
OF the Company except that portion Issued 10 Tue co
ties in exchange their bonds Beach was unape 10
carry ont the scheme and, the latter part of 1863
formed m association build the road This ASSOCIATION
was composed of s. c. Pomeroy, George W. Beach, H. O.
Lord N s. Stevens, Henry ii. Stephens. n. LIrd M l..
Sargent T. j. Peter Carlos Pierce A. c. Rand, Ambrose
f. Burnside, D. L. Llkin, c. X. Halliday. jacob Slnoru'
Willis Gaylord Henry Keyes, c. W. Pierce, A. u
Clark F. Dodge Sherlock lIill. Henry Cummns, A. T.
Huggius, a. p Balch, and Henry W. "; fnV' tt Pa.n,
~ An was made by which the liabilities ana
profits under the contract with tno Coplny VIZ to 40
divided into 4s shares. Of which were 10 De re % any
smen for expenses or these latter - e. POmefoy
and Beach each received tw" me reMalnlng iou r Io
annorrioncd among several of the associates Ine ~
shares also apportioled ana the patn
received one them Tne building oI Iao road WA,
INTO Under n treaty of the Pottawattonle In
dams with the United States ,n f ,hs
lands reserved for the Indians Ihese iahus M GO ~
the grants TO the Company nie tnGn oT ~, no Do u5
Ties IN exchange for the Company stoch 10 lio % s ~
o, aoout si,uovJ stork having total par value of
ss6l 500 The Of large amount ol oonus Scc ,
% cages upou It's road aud rolngslock ana 0her
ne Va
os socatou about $2 100000 small portion oi '1 "nu
90 h"nd. we're used by the association To build ana
@nuin the road. Tue remainder OF the property comr
psrd Tho profits OF the rdnsactlo WHICH, tho pIfInn
Claims snolld nave divided among the sharehoier
NJ ~, pnv cnarres MS associate Shareholders with
having con -pired together, ana WIN hco!S rn,
Henry Blood, and others, 10 defriui MN Oh ms
He further charges with tha intent they nave ss
temaIically excluded him from az ~ ", t,e ,
management or control OF tine afiis ana sSets Vi .o
associatlon and from all access 10 DoOk.' papers, O.
that they have divided TN pron' ms Ji ,n' amounts
to about for the recovery OF which no DFhsS t"e
suit. -. c.o o,arto ond othnrs do not
deny the OF the Beach contract but they claim
It Was meyer M E med asrsDrd the contrac to
iThomas j. Peter in 1863 Onewenty,fourth mi rest
was reserved Beach, another TO OpdyRc, anu
=" Pameroy while one fort eighth interest was gwen
70 each of Messrs. Holiday, Likn, Slnord ana hu5
Gins Peter tried 10 associate oners win mn III
r"r to get sufficient capital. and De Pay as well as
several Of defendants subscribed Tor certain shares
to be paid as called for. but the agreement was con
oItioned upon the obtaining 0f subscriptions 10 'e
w.rc moi ali subscribed for. Again the piintIn
though requested, never PAID up any nu 10
becalpe entitled To share or the prOns OF the
agreement At any rate tho only portion Oi Tue ROAD
built under these contracts ana agrecmehls was
Toueka and Bur in kansas DIST tnce ol ABOUT
20 mics which hul as claimed, by Petcf anu MS
associates 1869. Furthermore the associates peihg
lille TO carry design threw up their contracts
with the Company In December 1862 afer whlch the
Company taking up the matter lseli, went on anu ois
te road TIE defendants also deny all the cnarees OF
fraud and conspiracy and state that even II DE fuy
had any rrnts he foriei'eu 'hen W no' u'
any assessment ,,,,,.u,.
DE Puy now makes a notion which VIII be called to-
dy or TO- have the answer OF the defendants
made more definite, and that they snow wheh ana Dy
whom the inscription and assessment was demanded O
him He alleges that sucn demand "ascVer male on
him and that he had rendered services III hri OF the
assessneut Msssrs. Townsend and Weed represent the
nlantif aud Messr5 Miller. Peet. anu Opdyke tne
defendants.