Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-04-19
slMa,s BULGE
On ihs Chicago, Milwaukee 4 St. Paul
Railroad Company.
A. Applteatlen for an l%njunction md the
AppslnsaAent OF . Receiver.

A. APPLICATION for An l~njunCti0M and the
Appslnansnt Of Receiver.
AZ was anticipated. John I. Blair has
begun an action in the district court for
Yanktou county to recover possession Of the
Sioux City 4 Dakota railroad, recently
transferred to the Chicago, Milwaukee & ST..
Paul company.
Last Friday, In company with j. r. Gam
bic. q Of his attorneys, he visited Canton
and Sioux Falls. AT the former place he
served upon o. s. G,fford. the duly sppoin,
ed agent Of the Milwaukee road a copy Of a
summons and complaint,accompanied by tn.
affidavit Of John /. Blair, and notice of q
motion for u injunction and the appoint.
ment Of . receiver for the Sioux City and
Dakota lines. Copies Of the same papers
we're served upon w. w. Bookings, d,r,c-
ton At Sioux Falls.
Saturday night Mr.. Blair's complaint and
aAadavit we're filed in the district court for
Ysaktou county in his own behalf and in
bshalf Of ill stockholders Of the s. C. & d.
&. R., who wish to join with him in an &C.
ton against the c. N. & St. P. r. r. Co.
and the g. c. 4 D. r 4 Go. The chief
features Of the complaint are as follows:
That negotiations had been pending in
which ofes we're made by the officers Of
lie Milwaukee road to John I. Blair last
November to purchase the 8. G. & D. r. R.,
which offer Mr.. Blair declined, he refusing
to sell his interest in the road.
That Mr.. Blair was then and is now the
owner ofa majority of the stock in this
road, having a controlling interest.
That in the summer of 1879 a contrac,
vas entered into between the Dakota South.
EN- and Sioux City & Pembina lines and
the Chicago & Northwestern, the Illinois
Central and the Sioux City & Pacific to the
effect that the former would be given a ten
per cent drawback, or profit. on all freigd,
shipped on either Of the three roads making
this agreement with the Dakota lines;
further that the three roads agreed to ship
oil iron for extensions of the former at q
very low rate.
That Mr.. Blair had agreed with Mr..
Wicker for n extension of the Dakota
Southern one hundred and fifty miles north
or northwest Of Yankton, by which exten.
zion largely increased business would come
to the lines operating in connection with
lie.
That Mr.. Blair had built an extension OF
the Pembina road from Beloit to Sioux
Falls, TWENTY-FIVE and one.half miles, entire.
" but Of his own means, no other person
furnishing any money, at a cost to him Of
about $780, 600.
That the Milwaukee company knew he
had refused to sell bis interest in the Dakota
roads and that he had himself built this ex.
tension.
That, in order to defraud him of his in
terest in the road, a secret understanding
was entered into between President Wicker
and the officers of the Milwaukee company
that q directors meeting should be called al
Yankton IN the Goth of March, 1880, and
that control of the road should at such
meeting be passed over to the Mil 1aukee
company.
That it had been previously arranged be.
tween the individuals who had this under
standing that a lease of the road should be
given to the Milwaukee company and that
. mortgage should be given on the Beloi,
extension to the amount of abou: S19S,O0O.
and that shares to the amount of Size. 900
were to be issued to Alexander Mitchell, or
some q IN the %interes. Of the Milwaukee
company. The mortgage to contain a pro-
vision that if any of the interest on any Of
the bonds secured by the .mortgage should
remain unpaid for thirty days the whole
mortgage was to become due and be. fore.
That Nj. Blair, who is a director in the
road and is entitled to notice Of a directors
meeting. was never notified of the intended
or mortgage or of the issue of frairau.
lent stock to Mr.. Mitchell-that he was in
BY Mr.. Wicker of a directors meet
and given to understand that it was
. formal meeting Of no importance
md bis presence was not needed.
That. in pursuance of said fraudulent
Agreement four Of the directors, represent.
inx . minority Of stock, namely: Wicker,
Brooklngs. Briggs,s and otehrs, met
J. g. Merrill, general manager Of the Mill
vaukee road. John W. Carey, general sole
tor Of that road, and other parties repre-
the Milwaukee road--that the
men came with the bonds print
ID and prepared-that they had a trust deed
prepared which had been executed and
BY John johnson, a person
the interest of the Milwaukee company,
NO days prior, in Milwaukee-tha. resolu
we're Immediately passed by the direc.
mortgaging the Beloit extension-that
,onds were executed that night and the
mortgage recorded that same night-tbat