, 1879-07-15

Vh3lCt lLB VHIDV VT AI&uL NES lluHukN
" thereof REQUIRED for use has been removed
by tho defendant.
This defendant denies thar, since The 18Th day
of December, tho sald. Denver s. Rio lrandc
Hallway llas not been propery operated aud
maintained, or that It has been operated cxcin-
sIycly !t the intcre4t Of any ol,er iiac owned or
controlled by tf,fA defendant or any etllcr com
panJ. or Tint trains have been run trreg,,lnrly
thereon for the t~ncilt of lines controlled hy
thls defendant Or ahy other cotnpanv, or have
been IN my manner ct fur my allhc run lrrcgu-
lnrly. or that tlIn ml1ls tu points aong tho line
OF il,e said road hare becn delayed or have not
been delivered On schedule time, as required Gy
Law. -. .,,. -. ,..-.
This defendant denies tl'nt tho said Denver &
RIO Hraht1o Railway has, by rcason of any mat
ter or thug. in said bill u complaint alleged.
become i!abso 70 be lined or to have It's mail
contract canccics1, and sayf that sod Denver &
RIO urandc Railway Company has NJ mall con-
tract not transferred to thls defendant, or
that tts local business has nccn destroyed,
IMPAIRED, or Injured, t,r That Its busl. ,,1:
an. arbitrary nnl excessive rates OF fares and
freghts ,hnvc bccn established 80 M 10 divert
The otlstncss unu carnEEa Of said lIncs, ur tf!at
the business and earnings OF sntd Denver d Rio
0ranue Hallway llaye been diminished, but on
tile contrary thereof, this defendant says Tint
the earnings OF said Danvcr s. Rio Nraudc 1lail-
wny Company have. since thn 1Nh day Of De-
ceinbcr, 1878, stcadl!y increased.
This defendant dcnfcs that the easnings OF tho
Denver T. Rio (Irando Railwsy Company we're,
prior to- tho 18th day OF December, 1878, autll.
Client to pay the interest on the bonds oi sR!d
Compnny, as alleged in said bill, aud while t Is
true t'a. tl,e earnings Of said road f:on .hs l,h
70 pnT the interest upon ihc bon'ae of tho sasd
Denver g. Rio Grsntlc Railway Company, Yct
the carnlnEs Of said Company hare largely In
creased.
This defendant further answering says that
i fns no knowlcdrc, Information, Or belief scla-
tive to tic earnings Of the Denver & RIO GTandc
Railway Company from tic list tlay Of July, 1873,
until The 18th dny Of December, 1919, md cnn-
not state The amour. thereof, bus this defend.
July, 1879, until t',n 18th day Of De-
ecn,her, 1875, purposcly false and fraudu-
lent accounts III said earnings wero kept
and published by the said Denver g. Rio 0rande
Railway Company, nnt That in ouch fnlso and
postntion OF all materials used IN the construr-
lion, repair, and operation Of said road, und by
A,lph false and fraudulent ACCOUNTS The earnings
were made to appear much larger than they
actual earnings cnD be made BY reason Of such
false mud fraudulent credits 10 Lie earnings Of
said road. -
This defendant has no knowledge, informa.
tsuE. or belief. relattvo to lite earnings uf said
road since the 10th day Of .'tnc, 1870, and by
reason Of tic false, fictitious, mud fraudulent
cEetllts To said carnngs mnae In the manner
hcreinbcforc stated, thfs defendant Is unable to
for that'time, but this Defendant admits that
tho busiicss Of the country has since the 18th
dny. Of December, 1878, increased
And this defendant Gays that tho increase Of
1870, rould have been much lArgcr lad It not
bccn for the wclt-known conspiracy OF the OIL
GERS md agents nf tue sa'd Denver & Rio Grands
Railway Company 10 Lake pusscsaon OF said
road by forcc, thereby ctstsauEcrItls the sa!cty
Of pcrsous am! property passing orcr thu same.
This defendant tleues that my net or thug
OF this Defendant l,lB dccieascai the hstncss Of
said road. hut, on the conttury, this defendant
enrs lllnt Its management hns largely Increased
the business nt satd road antl It's earnings.
THIS defendant denies TINT il,r said Derrcr tH
Rio urande Hallway hes nj any time since tho
18th day Of ncecmbur, 1879, bret IN n bad and
supcrstructirr, Or ro!ll,,s-s,ock used thereon
have not been maintained IN good wurk'ng order
u,,l condition, Or that necessary n,ul proper rc-
palra, removals., roplaecnsenis, alterations, aud
adt!itlons hare nnt been nude, 50 that tho
thereof, this ucfcntlant says .tl,at said
rni!way tas bccn kept md ts It'll good nnl
safe condition for tlsc, tllat the track, super
structure, and rollsng:stock N use thereon has
bcun muintntncd In goutl Working order and con-
ditfnn, nt,d tint the nccntsurr nntl proper sc-
pairs, renewals rcplaseto cnts altcra1lnn., AMI
additions have hecll male, anl ,1At the con1I
ton mn! vnlue Of said proGrtv have hcen great
ISIS, anil il is now in better condition aud
worth mnrc than It was at that time,
Aull this dc!e,,tlunt further answering snys
that it tus no knowledge, Information or .>clfuf
relative to tilu py,ccs OF labor an,l mnteriuis
WHEN sul road was ronstr,lctpd, as ia in sud
iii alleged ar rcnttyu TO what iltseu,nts t,,c
Denver d Rio Gra,,.lr Railway paLl for Obtain
jng ,nouuy as Is III said bill alleged, nor is il I'D
yseI relative 10 tl,c reason for tj,r indebtedness
rcnrcscntcti by the bonds Ur tho Denver 4 Rin
Grur,lc Hallway Company. as Is In said bill al
lercd,
Iut this defendant Is Informed and bc]tcyes
that at tic present ttne railway through iG,:
Rnmo territory md with thc sarnn raurr.
cnrt,, md u,laIitT, and Of tho same rcncrnl a.
kcri,tio with cntttps,cut aImiIur III n,,a,Itity.
nua{ty. ind value could be constrtlctcd a,lti nrI,
vir,i ~ loss tlut, tl,u sum Of S2s0pJ ,er mia.
,,t nrct fseiy t.r suul ttrh strurt1ru mi enii,,
m"nt woMitl eost. this dcfcndank ia unnh1. r.
'rhia t,cfcn5ont 1. not aijvI,ea wbcthcr Tho
prnnrr,r ,ncm,ionci in suII ,srtls ri tr,,st IL II
seaaty u ind inadsquatc security Tor the paymunt
not. hut tI,ls tlcientunt denies ti,ut the nrocrsy :
is charged With tbs s,I,n mentioned in the Iii Gf
r,tnninini. nmi tis Jeisminnt say. that W II tI,. M
hnstncss ri tntl ftml sbo.hi eontini,o a. incrcssc