Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-17
CITY RAILWAY SUIT.
Complaint Of stockholders-Judgmeht De-
I11andad

Complaint Of stockholders-Judgme De-
| manded.
Yesterday L. s. Taylor and Grove L.
johnson, attorneys on behalf of Geo. o.
Bates, NJ. NJ. Odell and the stockholders of
the City Railway Company, plaintiffs, filed
complaint against the Sacramento City
Railway Company, the Capital Savings
Bank, w. L. Pritchard, J. II. Miller,
George Cowles, c. Zimmerman, A. J.
Painter, T. j. Clunie, E. X. Alsip, Peter
McGraw, j. H. Downer, John Doe and
Richard Roe, defendants.
COMPLAINTS AND CHARGES.
The following is synopsis of the charges
and complaints made: The Sacramento
City Railway Company was incorporated in
1870, with capital stock of $3.50, 900, d.
vided into shares of the value of 500 each,
some Of which became the property of plain
titfs. In 1877 the company owned 14.65
acres of land near East Park, and block of
land between F, C, Twenty-eighth and
Twenty-ninth streets, and tracts 3, and 5
of Watson's addition !; also, lot s in the
square bounded by X, L, Tenth and Eleventh
streets. 1t also owned the street railways
throughout the city, 20 ears, 60 head of
horses and other property. In 1876 W. l..
| Pritchard became the owner of controlling
interest in the company, and has ever since
defrauded the defendants and the company,
In pursuance of system of fraud he
PRETENDED TO TRANSFER CERTAIN SHARES OF
STOCK
| To J. H. Miller, &. Zimmerman, George
Cowles, A. J. Painter, Peter McGraw, Z. K.
Alsip, and Levi Wilson, now deceased in
order that they might be eligible to the posi-
ton of Directors, and then caused them and
himself to be elected when neither OF them
held any stock. They failed to exercise their
powers as Directors and allowed Mr.. Pritch-
ard to use their names. Messrs. Pritchard
& Miller have together colluded and cheated
the company. They caused to be conveyed
to I. j. Clunie by the company certain
pieces of the real estate above described for
the sum of S11,S00. The transfer was I'M
authorized by the defendants and was fraud
ulently executed. The
MONEY WAS NEVER ACCOUNTED FOR
To the defendants, and was converted to the
use of the said Pritchard, with the assistance
of the said Miller and Clunie. w. /. Pritch-
ard, in November 1877. caused to be trans
ferred to himself lot 3, in the block between
Tenth, Eleventh, X and l. streets, for 81, 0U0,
| iIlt, DtiI5 ~ lllIb UiLlt Il DHSCNBT. LdI no
right to do so, nor was any order made from
the Directors for the transfer, neither was
the sum paid to the company. He also sold,
| delivered and charged to the company about
! 30 horses at $500 each, when their value was
only 500 each, thus making $15, 900, in
which transaction he was assisted by j. II.
Miller. They also sold and charged to the
company grain and feed at
AN EXTRAvAGANT PRICE.
Between June l, 1876. and December l.
1879, the company did business to the amount
OF at least $50, 600, but Miller and Pritchard
have refused to render any accounts or make
any dividends. In January, 1873, they exc
cuted to J. II. Downer a mortgage signed
The Sacramento City Railway Company,
by Edwin X. Alsip President, and j. II.
Miller, Secretary" by which it was intended
to convey all the street railway in the city,
also the personal property, knowing that
Downer was irresponsible. This was done to
enable Pritchard, by foreclosure of transfer
of the pretended mortgage to get the absolute
OWNERSHIP OF THE PROPERTY.
He did then procure the Capital Banks
assistance, and Downer assigned the mort
gage to the bank. The bank then falsely
pretended to own the mortgage and began
pretended suit against the company for a
foreclosure. All of the negotiations were
made without the knowledge or direction of
the Directors A sham defense was begun
but Judgment was allowed without an objec
ton from the defense, and the mortgage was
foreclosed. No notice of the judgment was
given to stockholders, nor was any meeting of
Directors called or effort made to relieve the
company from the judgment.
BOGUS SALE.
In pursuance of the decree the property
was sold December |, 1879, by the Commits
sioner, Charles n. Post clerk in the Office
of Raymond l. Allen, the attorneys hired by
| Pritchard to make the sham defense, for
merely nominal sum, and bill OF sale was
| given to j. l.. Orcutt through the Capital
Savings Bark, who now pretends to be the
owner of the property. The sale, however,
was not genuine, as Orcutt never intended
and did not pay any price, and all receipts of
the transaction are false. 1t was the method
adopted by Pritchard to get possession of the
| property, and he and Miller have continued
to manage and use the property, devoting the
proceeds to the benefit of Pritchard. They
have made no reports to the Directors, who
have not attempted to exercise any control
over the business.
HEAVY ASSESSMENTS
Were levied upon the stock, so as to cause
stockholders to sell their shares, and such as
sessments We're not legally made. The pro-
ceeds were not used for the benefit of the
company, nor did he pay assessments on his
own stock. The plaintiffs in the case
| requested the Directors to begin suit for the
recovery of the said sums of money, but met
with a refusal. Messrs. Clunie, Pritchard
and 0rcutt were also requested to reconvey
the property. but refused to do so. MeSsrs.
Pritchard and Miller are injurins the prop
erty by tearing up the roads and making the
company liable for damages.
JUDGMENT DEMANDED.
| The plaintiffs demand that an account be
had of all receipts, disbursements and trans
! fers that have been made; that the defend
ants, Clunie, Pritchard and circuit, be COM
PEELED to reconvey the property; that the
present Directors be removed and j. IL.
| Miller, the Secretary, discharged; that the
mortgage and all proceedings in connection
with it be declared void. They also de-
mand that the defendants be restrained
from managing or interfering with the prop
erty; that receiver be appointed to conduct
the business, pending decision in the case
that the said Pritchard and Miller be ordered
to pay the receiver any money due the COM
pany, and that defendants also be ordered to
pay the costs of the suit.
IXsTALLATIoN-The following officers of
Red jacket Tribe, No. 2S, Imp. o. r. NJ,
were raised up last evening by d. D. G.
Sachem Chas. E. Spencer, assisted by 2.
Sachems Payne. Phillips and Sullivan:
Sachem, James McCaw Senior Sycamore,
C. Russell Junior Sycamore, George J.
Sculy First Sannap, Fred. Sauce Second
Sanaap, James NJ Malone First Warrior,
Frank Anthony; Second Warrior, J. w.
Willem Third Warrior, Geo. Black Fourth
! Warrior, @. Nazerina; First Brave, NJ.
| O'Briue Second Brave, w. l. Wallace
| Third Brave, Fred. Shepherd; Fourth Brave,
| 2. Bannon; Guard Of Wigwam, w. NJ.
Smith Guard of Forest H. Morris After
the ceremonies OF raising up were through,
the Tribe and visiting brothers repaired to
Fishers refreshment parlors, where a fine
collation. was spread, and the party did not
break up till late hour.
Police CoURT-In the Police Court yes
day, George Washington (colored), who had
beaten woman, was fined S27 80 for one
offense and S1O2 80 for the second Michael
Powers, for being drunk, was fined 81 80;
All Fen. for keeping an opium den. was
fined $50 80; Charles Yates, Gus Settings,
| Minnie Thompson and Clara Haehes, for
visiting an opium den and smoking, were
| fined So 90 each; II. Mayberry, charged
with discharging firearms, was discharged.
| BOARD OF HEALTH.-The members of the
/ State Board of Health will hold a meeting