, 1879-07-15


" thereof renutred for use has been removed
by the defendant,
TIL. defendant denies That, sncc Tic 18th day
q December, tic sald Denver l. Rio Grandc
tnn'ntnnctl. Or thai II han been operated cxclu-
ssFcy " i'le thtcrc.L OF any nlcr line awne'l or
controlled by ttifa defendant any other coul-
nufy. or taInt trains hare been rim rreg1llnEly
thereon for the benefit of lt,rs controlled by
il''s defendant or hhy Other COMPANY. or have
!ccn IN niY manner Or fur any tsalsc ruin irrcru-
ar'y, or that The malls to pnints a0ng The line
OF The sntl road t,ayc bceu delayed or have not
hcen delivered IN schedule time. as required by
law.
This defendant denies that the saitl Denver &
rio UrAtllc Hallway has, by reason Of any mat
Ter or thing, IN eaid blli oi complaint alleged.
become l!al,c 70 bo fined or to hnye It's tnail
contract cancelled, ard says that sala Denver IL
Rio tirantlc Hallway Company has No mall CON
tract not transferred to ihls defendant, or
thnt It's locnt business hns been destroyed,
ta'pa'red, or injured, or that rs Gusl.
an, arbitrary md excessive ratcs oi farcs and
frcIEhts havc been established 50 ns 10 divert
the bilsncsa nnd earnings 0l said lillcs, Vr tlnt
the huSneas ntd earnings OF snfd Denver ~ Nio
GfaMde Railway hare been ttmtntalied, but on
the cnrnfnEs OF Bakt panrcr d. Rio tir.nde Rail-
way Company have. hrcn the 1:Ah day Of De-
eo'ntcr, 1878, stcauify Increased.
This defendant dcntes t!.at the carnfnga Of tho
prior to tile 18th day OF Dcecntnr, 1878, sum-
cicnt to pay the interest on tic bonds Dt said
Company. as alleged III said tIl1t xnd whIio L Is
true tEat tlls cnrntngs OF said rnat frum tic 18th
day Of December, 1873, llarc not been sufficient
10 pav tho Interest upon tho hon,la Ut the kaid
Denver g. Rio Grlntlc RAILWAY Company, vet
the carnl'lEs Of said Company have largely In
creased.
.This defendant further answering says TINT
It has no knowledge, tntos1uutiun Or belief rela-
ftf
Railway Company from the lat day of July, 1873,
until the 18th dny Of December, 1873 at,i cam
uot atatc tic amount thereof, but this ucicul.
mt MT! aays that from aud af,sr said LIST day of
eecn,hcr 1878, purposcl5 fasc md fsaudu-
lent accounts 0f said earnings WerO kept
nnti published BY The sald Denver & RIO lranle
Railway Company, aud .lat in ouch false untl
pottatlon Of oil materials used in tic construc-
lion, repnir, and operation OF said road, und by
R,,r] false and fraudulent accounts the earnings
were made to apnenr much larger tlluu they
actual earnings san bu made by reason or Huch
fnlsa a.,A fraudulent credits TO tls earnings Of
sail road.
Ihis defendant has no knowledge, informa-
tiun, or belief toiattvo to tue earnings Of saitl
road since the 10Th day Of ,'inc, 1870, and by
reason Of tl.e false, fictitious, nnd fraudulent
crett!ts to said earulngs nude IN thp mni,ucr
hcrctnbcfosc stateL, this defendant Is unable 10
Gstlniate The comparative earrings OF said road
for that time, but this defendant ndmits that
the business Of the country l'us since tho 18th
day uf Dccembcr, 1873, Increased.
Aud this dcfcDtlaot says HAT tho increase Of
business Of 8nil ront sis'cs the 1st day Of April,
been for Inc wcl-kiiown conspiracy Of ,l,e oiIi.
Gers md nEonts nf tic said Denver l. Rio Hrant1o
lsailway Company to Lake p.,ssresion of said
ron1 by force. thereby e''tia'icerlns tic safety
Of persons anil PROPERLY passing orcr the satne.
ff1I3tn ,I
OF this defendant hus dcrseasctl the blsinrst Of
said road, but, on the contrary, ths defendant
SAYS l!nt Its management Ea, hugely INCREASED
tho business ut said road .utl its earnings.
This defendant denies tint thc said Denver &
Rio drandn Railway has " uny ttno st,ce the
18th duy Of December, 1875, been III 4 bad a,lu
uusatc condition for ,c, or thut the truck,
sllicrstruetnrr, Or rolltng-@tock used thcrcon
hare not been maintained III good Working order
as,l condition. Or tlnt Ilcrresary null proner re-
palrs, renewals. requirements, alterations, a,u
additions hare not becn lnadc, SO that the
condition md value OF said property hare
been impaired; but, oil tho contrary
thrreof, this uctcn'iant says that said
railway has been kept nud is III good md
Hafc condition for use, that ,hr track, super
siricturr, nt,h rolllnE-utoek IN use thereon has
bcuu maintained In eoul working order mud con-
dillon. and TINT t''c nccrtrarr nns1 proper re-
pairs, renewals, rcp|acetncnts.n .nltcrations, and
nildltons liavo been made, AMI TINT the con1i-
t0sl and vate Of snid property have hcen great
~ cNhnncca eltlcc inc I1In 0ny OF UccEM0cr,
1915. anil II In now IN n better condition u1,,l
worth mnrc than 1t VIA NJ that time.
Ami this tlolctdnut further answering snys
TINT it has III knowledge, information, or belief
rGlattrr to tho prices of tn',or md materials
when euIl road wns constructed, MS Is In sud
b!ll alleged, or ro'atru to what discounts the
Denver d. Rio Grii,llc Eoiiway paid for obtain
ng nuney, as Is III snId bill nlirgul, nor Is IL I'D
vlsc relative tn l!e reason for tbs indebtedness.
represented by tho buds OF the Denver Il Rio
t}ran1c Hallway Company. as Is In sald bill al-
legged.
hut tlls defendant Is Informed nutl believes
that at tic present time railway through tie
samo territory nEl With the same gauge,
length, a., q,,allt1 n1u1 OF the same gcncrnl a..
scrjption, with equipment sirnTlar Ii, QUANTITY,
0uulity, ind value, could be constructed md pro.
vilcd Ut ces than the slin, Ut S2a OGO per mile,
but precisely lie sutn &tIc structure nil equip.
nent would cost, this defendant ts unable 10
stnte.
rhts defendant Is not nlyfsctl whether tho
property mentioned tn eald deeds Ut trust IS d
eclntv md Inadequate security for Tho puYnupt
OF tllu money wi,rrcwttl til. sumo Is charged ur
not, hut tllss defendant denies slat the property
is charged With lilo sum mentioned ju tc iii u
complaint, aul this defendant says that II thc
business of said ruu should continue 10 increase