The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-02-09

Eettlston may not be disturbed By the arti-
DUN4VANT. KELLY 4 PIPER.
This lattsr communication speaks
also with reference TO my dealings
with the new company, of wnich
Messrs. Duhayant, Kelly & Piper
were fully cognizant. During my sholt
connection with the Memphis, Biz
mingham and Atlantic as solicitor /
had been advised that the Richmond
parties did NJ t intend to build the road
as an investment, but as a money
making enterprise. About this there
Ca1 be no possible mistake. l con-
tinued the correspondence with the
management of the Kansas City rail-
read looking to sale Of the pro ,Jerty
to il, and oil this correspondence Mr..
Leake, the vice-president, was fully
cogniEant; and while the corTesp ond-
ence was conducted entirely on my
own responsibility, Mr.. Leake in
dorsed it. And when / went to Rich
mond in behalf OF the Kansas City
Railroad Company il was in the belief
that | would be able TO act rs q me-
diator between the two companies
and arrange for a sale, which / thought
the Memphis, Birmingham and Allan
tic RsilIo I'd Company desired to effect
Mr.. Patsuon is again incorrect in
his statement tNas l made any propo.
sition while at Richmond coupled
with conditions or suggestions as 70 a
sale Of $4,000 COO OF bonds st 20 cent?,
or otherwise. / had no authority to
make any. And il the letter of Mr..
Pace to Mr.. Ntt;leton, referred 10 by
Mr.. Patterson, is produced, it will be
seen thst no proposition of any kind
was in ia made bv me. knew that
Dunavant Kelly & Piper desired to
sell their interes', and l sought propo-
sitions from the Richmond parties for
the sale OF the whole or q part Of
their holdings sufficient with that Of
Dunavaut, Kelly 4 Piper 10 Coz
stitute a msjority. The latter ger tie
men are familiar with ell that tiaus-
PRED, aud their letter above given
shows their opinion OF this and other
dealings of mine in that connection.
The statement tbs | assumed that
Mr.. Nettleton was offended a. the way
was treated in Richmond and would
hold no communication with Mr.. Pace
except through me is as untrue as the
ether statement. The fact rs Hr.
Leake was informed by me, and Mr..
Dunavant was informed by Mr.. Pratt
that whenever Mr.. Pace would express
q desire 10 meet Mr.. Nettleton for the
purpose Of discussing a sale OF the
Memphis, Birmingham d At antic
Nnflt al or r0alfnRe NnIoftnn
thereto, Mr.. Nettleton would be glad
to meet him. The fact Is that | had
no cause 10 complain Of the 'estment
| received at the hands OF the Rich
mond gentlemen during my visit at
Richm ond, and there WaIno founda-
ton and could be none for the state
men { referred TO- The intimatiou that
the Richmond parties had not treated
me properly emalates from Pst.en on,
and is OF itself refutation CT the
stat sment that any propositions such
as he refers 10 were made through or
by me.
Another statement made is that it
is by 70 msans sure that the manage
ment of the Kansas CITY rCa1 knew
anything about an appli, alton being
made for a charter. The instrument
before the Legis' ature contains the
names OF Mr.. Ne!tIeton and his 1850
ciates as incorporators. Judge Clspp
was sent TO Jackt o. with it; and MIR.
Patterson knew as a positive fact that
the management of the Kansas City
road ma lie this application for char
ter. The facts speak for themselves.
VITA reference to the statement
that had furnished information t.
the Kansas City Company which l
had acquired as a torney for the Mem
phis, Birmingham and Atlantic Rail
road Company, desire to say that l
chsllenge Mr.. Patterson to point to
single fact or item Of knowledge &C.
quired in the manner indicated and
furnished as stated. Before my
resignation as so,icitor l had the right
to ak for and inspect the minute
book OF the company, and did 30 on
more than one occasion. In truth,
most of the minutes are in my hand
writing. / had occasion to re-
fer to the decree OF the
court, in which certain Indebtedness
due the Kansas City road from the
Memphis, Birmingham and Atlantic
is referred to. l asked Mr.. Traylor
for copy OF this decree, which, how
ever, he did no. have a. hand. AS it
wal copied irt) the minute book, /
took it 90 my Office and showed the
decree in question to Mr.. Prst', who
desired to know what the status OF
this indebtedness was, and how 1t
had been provided for by the court. /
was sti receiver of the road, aud the
management Of the KansaJ City road
or any o.her party having an interest
in the subject mat Ter had right to
this information from me, and it was
my duty to give it. All these matters
are entirely personal and do not affect
the merits of the question now before
the Mississippi Legislature. Patter-
son proceeds upon two theories:
First-That the object and motive of the
Kansas City Company are not to build under
their charter, il granted, but TO use II for the
purpose of forcing the Memphis, Birming-
ham and Atlantic Company to submit to
such terms as the Kansas City Company may
dictate, or TO so cripple and embarrass the
Memphis, birmingham and Atlantic COM
pany as to prevent II from bidding it's road.
Secoud-If the kansas City Company
should build road in proximity to or par.
allel with the Memphis, Birmingham and
Atlantic road, the competition thus intro
duced will be Injurious II not fatal TO the
Memphis, Birminsh ham and Atlantic road.
That the Kansas City Company
only desires a charter to enable 1t to
blackmail aud dictate terms to the
Memphis, Birmingham aud Atlantic
railroad, is scarcely deserving {, Sc
rious reply. How the mere obtaining
of charter without any desire or effort
TO utilize it can can work disas tsr 10 the
Memphis, Birmingham AID Atlantic
Railroad Company would ppzz'e even
a sophist to show; and what me tive
the Kansas City Company could have
in obtaining q charter or interfering
with the Memphie, Birmingham and
Atlantic Company, unless 1t really
contemplated an extension OF its line,
it is impossible to conjecture. The
very fact that Paterson and his CO.
lobbyists are making such strenuous
efforts 10 prevent the Kansas City
Company from obtaining charter is,
to my mind, proof conclusive that he
believes the charter will be used and
Il