, 1879-07-15

AVlUEuuU AGulFUl ltAlHHy LQWr1uFt l0r n III
vision Of territory whereby business has been
diverted from the railroad OF The Denver d RIO
Grando Hallway Company and determinations
made agAinat It, but on the contrary thereof tha
a division ot business witt, some ono or mora Of
the railroads In fati bill Of com paint mentioned
was largely for tho benefit Of tho Aatd Denver 4:
Kfo 0rando Railway company. and BY It said
business than 1t had ever received before from
the sufno sources or could obtain by any otlber
arrangement or means.
This defendant denies that the said Denver &
H." ofae Rs,?Vay ,Syy Co.. Gopnny w. s, sne'in
PENDANT for thu business and traffic Of Southern
Colorado and New Mexico Mt Trinidad or Fl
Moro c'a!-tclds, or the surrounding country, US
This defendant denies that the managers Of
this defendant and other persons Interested
therein, or, other lines by i controlled, Tor tho
PURPOSE Of artidcinly stimulating through
business from :lc MIaeonti Hfrcr and ttescas-
ng The earnings Of such lines, 9r 70. any other
improper purpnsc, hare established, dtsctiminat.
nG rates to the injury or pfejudiee Of itr local
business IN Colombo OF the Denver & Rio
dctrment Of Tie complainant md hls ecstias
uuc trust, or hnvc failed TO meet and fulHl1 the
requirements OF the public md the State, or Of
the Denver Il flo Grande Hallway Conpany, OF
isteuce has boon endangered, a. Is 10 said bill
allcvrvl.
THIS defendant denies that It tns omitted to
provide rolling stock nnd equipment and other
facilities for trnnsact!ng the legitimate huencss
said lines mentioned In said deeds of trust to
the nnd complainant us Is In said bill alleged or
has improperly benefited The other roads where
IN this defendant is Interested or hns improper
y used said property to its own benefit or ao.
ties Of fuel, materials. supp'icst or passengers,
without charge. or has removed materials, sup-
pl!cs, Or rolling stock to the desri[ncnt Of the
car'llnga Of tle property mentioned IN nc decds
ness facilities Of tic Denver d. lilo Graudc Rail
wny by taking up etde'tracks, or in nuy other
tnanncr whatever.
This Defendant further answering snys That II
iscnircly solvent, and able to pay nl Of ita la
btlitiea+ Wnl IL responsible md able 10 perform
| all ncta required hY II to be performed under
the agreements hereinafter mentioned, md That
thu snl ron1 can earn In any other manner, and
that for tic reason that such rental would bs
lhrGriy to thc hcneit Of the co1patnant and his
ccstius que trust this defendant was urged by
thu ngcilt OF tho complainant md said bonll-
holders to cnter Into The said agreements here
iuafter mentioned.
This dcfendcut denies that It has no money
invested III the property used on tl.c Denver &
from the earnings 0f said property, a. ia In snil
hill alleged, but on the contrary thereof, this
defendant says: as Is we'll known to tho com.
| pIafnnut, II has invested large sum of moucY
\ Us hereafter III LlC property uAeW
and TO tc used in the operation Of said road.
| Defendant dcn!es that It has in any manner
manipulated tic said property OF Its revenue
accounts. ns Is In said bill alleged, or has kept
asccrtalning the true nnl correct revenues
| thereof, md says that the eafa property hns
| 5ecu honestly managed for the benefit Of the
! said Denver & lilo Grande Railway Company
und its creditors, aud TINT In no manncy other
wise could said property earn as much IS It has
| earned md will earn under the proyisions OF
| tie agreements hereinafter mentioned.
This defendant denies that i, or pcrsons in
embarrassed The bcuycr 4 Rio t|rnrde Railway
| Company by costly litigation OF hGrc prevented,
| or sought, or cAdcayorcd to prevent the sa'd
last-namcd Company. from utilizing rs fran
thses u,,t liberties for the benefit Of ia cred
ttors md stockholders, but on the contrary
,irrcof. this defendant Gays that tho complain
nut und his cests,1k que trust hnvc bv all means
IN their power. by f0rce. voency md fraud, cn-
| dcavoycd 10 ruin tue safi property a!d deprive
this defendant Of the money whtch It has paid
Ths defendant denies thnt the Denver d Rio
| Grando Railway Company mas or ever ha1 my
| such road as Is mentioned III the bill OF com-
| plaint which It has mt completed or construct
Cd, mud tays that II has no knowledge, nfurrua-
tton, Of osliet tclatiye to TIC HG miles OF road
in said bill OF comnsntnt mentioned, which, ae-
| corltnl. to the comrlalnantfs own statement,
| has neither routu nor tcrtnint.
This defendant denies that tho Denver & Rio
Grandc Railway Company has any such fran-
cl,iscs oE properly as Is IN said bill alleged.
This defendant further answering says, Tint
It haa no knowledge. intorma.toi',. Of belief
rclatlve 10 the runt 0f the pretended rights
mid iranchlcs Of thu said Denver e. Rio Granda
Railway Company, Il honestly Used BIZ II, nor
what auch hu.iest user would enable It to pay to
complainant, but this defendant ltcnics that by
| litigation It has deprived the Denver Il Rio
3ranle Halfway Company Of any right or inter
est belonging to II, or that It OF, persons iu It's
| interest have supported. or aided, or nssfated
litigation, or DELAYED or prevented tho Denver
Il lilo Uran.ic Railway Company froa, recover
tl,g IRON its tlnnnesat embarrassment With tho
| rlow md In the hope III said bill mentioned or
pr!ate any franchises or PROPERTY belonging to
saih Denver II llo Gralnlc Hallway Con,nany on
the unroustructcd PORTIONS Of its said
railway uot included 10 tho said deeds
compel the said Denver s. Rio Granle Rat1.
| way Company to alaudon nty of Its rights or
sources OF iuco1nu Ia in aaId bill alleged. br in
| my other way proposcd TO tujuro tho satl Dem
c4ta, or to prevent the construction Of RAILWAYS
| un.lcr the cl,arler OF the Denver d Itio Grande
Railway Company IN extension Of ~ construct
| el road, for the plirposcs In sail bill mcA-
| toned, or for any other purpose.
Thls defendant denies i!lat II has ususprd or
assl,u,c,l control over tho property mentioned
in said deeds of ttust. with TIC intent md for
tho purpose Of dctraudlni, ,he ,eomp'anant,s
4
and denies tint any false or iuaccusaie necouns
were ever kept Or that my false returns were
even made Of tho business or income Of the said
Denver t. Rio t;ra1do Railway Couspany's lines
| or thnt tho same were SO mauugel Or con-
trolled as to tmpaig the earnings. Or earning
capacity Of tho ha!u Company, or for the pnr-
poao Of tmpoyertshlng or running thu said Den
yer 4 Rio t}ran,lc Railway Con,panv,s lines or
duprcctating The value thereof or OF Its bunis,
rs IL IN said bill alleged.
Defendant denies That said trust property was
IN danger or peril at tha time 1t was III tho pos
session. Of tis defendant; hut this defendant
a.lmita that tic Denver Is Rio Qrando Railway
Conpany, by the aid and with tho assistance OF
tile complainant, has forcttly tnken possession
Of said property from this defendant, aud this
defendant boitevcs that unless said property is
returned TO thls defendant 1t will become utterly
Yallulcss aud unable 10 earn ita operating e1.
| pcuscs.
This defendant refers to tho said dce3s OF
trust respectively foe any pledges therein con.
tnlned OF Baiu property, and this defendant nd
| Vn!ts that said property can Morn conveniently
DO operated ns whole, but thls defendant denies
that The holders Of bonds mentioned Ia one OF
said deeds of trust have any lion upon tho prop