Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-08-15

neve, 70 great e1tenls uupdiut anu -.
the said bonds 80 secured as aforesaid, p
the said deed of trust and mortgages e
YOUR orators as trustees as aforesaid, as thel
are informed and believe and 90 charge 70
main wholly unpaid, and that all the prop
erty of the said company which could oe
levied upon and sold for the said taxes !;
included in each and all OF the deeds O
trust and mortgages aforesaid, and that
levy upon and sale Of the said property foi
the payment of the said taxes, percentage
and interest, at this season of the year
would so interfer with the operation OF the
said company's railroad, as to destroy, to
great extent at least, its business, and 80
reduce its income as TO render it unable e
pay its running expenses, and of that, II
addition to all this, it would so impair lesser
and prejudice the security so held by youi
orators as such trustees as aforesaid, for tne
payment of the bonds aforesaid and
the interest thereon, as to render the same
comparatively worthless; that a sale at this
time of the said engines, cars, materials
and machinery of the said defendant com.
psny, the Chesapeake and Ohio Railroad
Company, would and could only be made
at an enormous sacrifice to the said com.
pany even if made from what is Justly due
from it to the State, counties, districts snd
municipal corporations aforesaid, butwhieh
could and probably would be ayerted by the
payment Of what is Justly due from Eaid
company to the said State, counties, districts
and municipal corporations; but that when
it is sought to seize upon and sell the said
property which forms valuable and
material part of the security So held BY
orators aforesaid, and BY the trustees the
said two mortgages herein first mentioned,
and which would so materially impair said
securities as aforesaid for thousands of dol,
lars over and above,the sum which said COM
pany Justly owes ss aforesaid. Your orators
are advised ard believe and so charge that
they would be derehct in their duty to the
creditors of the said company secured by
said deed Of trust and mortgage in which
they are trustees as aforesaid If they were to
stand by ard permit such sale to be made
without using every means IN their power
to prevent it.
And your orators further say that as they
are Informed and believe, the amount Of
taxes and other charges connected there
with so sent TO said sherifs for collection as
aforesaid, is much larger than was first
claimed by said auditor against the said
company, and that as they are further in.
formed and believe, the said auditor and
ether State officers are now absent from the
scat of government of the State and their
whereabouts is unknown to you orators, 80
that an application to correct said amount
so sent to said sheriffs cannot be made even
if it were deemed necessary to do so in view
of the action of the said auditor and attor-
ney-general herein before mentioned, and
such absence renders it impracticable to
serve notice Of the application for the in.
junction herein after prayed for on the said
auditor and delay in obtaining stay OF
proceedings on the part Of said defendant
in the collection ofsaid taxes and charges
would work irreparable injury to your ora
tors as well IS to said railroad company.
And finally your orator say and charge,
on information and belief, that the said
Chesapeake & Ohio Railroad Company is
not indebted to the said State, counties,
districts and municipal corporations to the
extent claimed by said Auditor, and that
the amounts so sent to him by said sherifs
tor collection exceeds the sum in the az
gregate actually due by said company to
the extent of several thousand dollars, it be
ing to the best of their information and be-
lief from SIS, 600 to 0,O0O
The remainder Of the bill contains mat
ter of no interest to the general public and
is signed Alex. B. Green and Isaac Z
Gates complainants.
Following is JUDI Jackson's order:
In the District Court Of the United States
in and for the D strict lt West Virginia In
Chambers at Parksrsburg
A. b Green, | f. Gates vs P. +. Duffy
auditor of West Virginia. = al. In Equity.
This day came the complainants and pre-
sented their hill to the undersigned judge OF
this court praying for an Injunction agninst
the defendants, ?. +. Dntfy et a., restrain
ing them from the collection Of certain
taxes and other charges against the Chess,
peake and Ohio Railroad Company, and
the same having been read and considered,
is ordered to be filed and a restraining Or
der to operate as a tenn porary in Injunction is
awarded the aaid complainants to re-
strain and inhibit all or any Of the
said defendants from enforcing the collec-
ion of Faid lands aud other charges, or any
part Of them against the said company set
out and described in said oil, by levy, sale
or otherwise and from all interference with
the property of said company until the
further order OF the court or the Judge
thereof in vacation.
And the application for an injunction as
prayed for in said bill is set down for hearing
in chambers at Wheeling in this district, on
the lst day of September next, and no bond
is required for the present from the COM
plsinant in this case. And it is further or
dered that copy of this order be served
upon the said Auditor aud each of the said
Sberitts at least 20 days before the lst day
of September next
Dated this 2lst day of July, 1885.
Signed j.. J Jackson,
Judge d c L, S D. W. Va.