Connecticut western news., 1888-06-13
MITKIEWICZ SUING.
The Chinese Concessions Brought
 into Court.


 | The Chinese Concessions Brought into Court.
 "Cuunt" Eugene do Mitkicwicz, who has figured as chief negotiator for the alleged con- sessions from the Chinese Government has brought suit against Wharton Barker, the Philadelphia capitalist, who, it was announc- ed, was to furnish the money for the enter prise.
 The action is brought on the equity side of the court to compel the defendant to carry out agreements alleged to have been made by him with Mitkiewicz and William l.. Paine for the consummation of the enterprise. The com plaint sets forth that prior to March, 1887, Count Mitkiewicz and Mir. Paine had devoted their energies, at great expense, to obtaining from the Chinese Government "concession or grant for telephone company, to establish, carry on and operate the telephone business in the treaty ports of that empire, and that there after they entered into an agreement with the defendant Barker whereby it was agreed that the relative interests of the parties in the en- terprise should be as follows: The plaintiff, three-twentieths; the defendant thirteen-twen- tieths, and Mir. Paine four-twentieths. The scheme was that telephone company, to be called the American Telephone Company, should be formed, with capital of 56, ,O0c of which S1 ,OOO, 900 was to bc limited to Chi nese subscriptions and the remainder owned by company to be formed with capital stock of S2o, coo, ,0O0 which was to be known as the Oriental Company, which, it was agreed, should own all other concessions obtained from the Chinese Government. It was also agreed, at Mir. Barker's request, that the name of MT. Paine should be left out of all grants and concessions, which were to be made to Messrs Barker and Mitkiewicz as sole grantees: The complaint goes on to state that Barker was to advance all the money necessary to carry out the enterprise, was to pay the ex- panses of an expedition to China headed by the plaintiff, at the same time furnishing all nfc for anfo poses, and was also to organize the two com | panies as above stated, as soon as the conces- sions should be granted.
 The expedition, the complaint says, was sub- | sequently equipped at cost of $1O,0OO aud was conducted by the plaintiff to China After re- citing in detail the negotiations in China, which finally, it is alleged, resulted in decree grant | ing to Mitkiewicz and Barker an absolute tele- | phone concession, the complaint sets forth that 1 this concession was duly assigned over to the 1 proposed Chinese American Telephone Com l pany, and provisional certificates of stock in that company were issued over the signatures | of the plaintiff and defendant to various Chi | nese officials interested therein to the extent | of $1. .00O,OOO.
 On July IS, 1887, the viceroy, Lii Hung l Chang. after thorough discussion with the | Characterization bank, through which capi- tai could be furnished for establishing and l operating railways, mining. and other enter- priscs, directed, tho complaint alleges, the execution of certain proposals as the prelimi-
 hs s Saaa Pbanfng that Mitkiewicz should proceed at once to America and arrange with the defendant and | the Chinese Minister and Ma Kie Chang, who | accompanied the plaintiff as especial represen- l tative of the Chinese Government in the mat l ter the final settlement of the concession. | The parties above mentioned met in due course, and in the early part of September the | Chinese Minister, at the request of all inter ested, cabled to the Viceroy the acceptance of the provisional concession.
 | Immediately thereafter, it IS alleged, MT. Barker invited Ma Kie Chang to his homo in Philadelphia, and endeavored to poison his | mind against Mitkiewicz and Paine, and final 1 ly persuaded the Envoy to execute paper purporting to be an alteration of the banking l concession, wherein tho name of Mitkiewicz | was omitted as grantee, and 1t appeared to | be granted to Barker alone. On Nov. 10 Ma Kie Chang returned to China "without," the complaint ayers, "any of the objects of his journey having been accomplished.
 In the meantime the complaint continues, Barker, by representing himself as the sole grantee of the concessions, entered into an | agreement or pool with Hamilton Diston, H. D. Fling, Francis A. Murphy, Samuel R. Shipley, Ezra Bowen, Robert Glendenning, and others, whereby he secured subscriptions to a fund of S100, ,0OO with which to meet the expenses of the Chinese enterprise. Finally, having repeatedly refused to carry out his | original agreement with Mitkiewicz and Paine, he submitted to them another, dated Aug. 24 | 1887, which was ultimately executed by them. By this agreement each member of tho pool consented that Barker might negotiate and | sell one-fourth of the interest in the American and Oriental Company at the rate of 8 per | cent. of the par value. One-fifth of the pro- ceeds should be paid to the company's Treasur- CT and the remainder to the owner The re- maining thr ee- fourths of the stock were to be deposited with MT. Barker trustee, not to be sold for two years, except under certain conditions. The corporation was to be known as the Finance Company of Pennsylvania, with 8 capital stock of $5,O00, 090, and each sub scribcr to the stock of said company who bas paid the cash par value of his stock was to be entitled to subscribe to the stock of the Amer ican and Oriental mpany to the amount of onc-half of his stock in the Finance Company | of Pennsylvania at the rate of 25 per cont. of
 he par value thereof.
 The complaint goes on to say that Barker concealed his purpose with regard to the con- tending that the provisional banking conces- sion had been revoked by the Viceroy although long after making these excuses he continued 10 represent to the subscribers to the fund of sion was in full force, thereby inducing many people to buy of him at high price very largo proportion of his interest in the enter prise of Chinese concessions.
 It is further claimed that Barker executed a trust deed by which he assigned to himself: Ezra Bowen and Samuel Grey as trustees, all interests in the Chinese concessions for ten years. Tho object of the deed the complaint says, was to create fl; ancal octopus under the name of the American and Oriental Trust, with capital of s2O, 900, GOO, the whole enter prise to be under the control of the three trus- tees. who were to draw an annual salary of BIO, coo each, and also to receive 10 per cent. of the annual profits.
 The complaint further declares that there have been urgent requests from the Chinese interested in the telephone concession that the contract should be carried out, and that the organization of tho Chinese-American Tele- phone Company, with all. the benefits growing out of it, has been retarded aud prevented by the wrongful and fraudulent conduct and de- lay of Wharton Barker. The plaintiff there fore demands that MT. Barker be compelled to organize the Chinesc-American Telephone Company with capital of S6, COG, ,000, and also to incorporate the Oriental Company, or else the American and Oriental Company, and the Finance Company of Pennsylvania, as agreed
 by the contract of Aug. 24, 1sS7 The plaintiff also demands the repayment by the defendant of the 5000 or more expended by Mitkicwic2 on the expedition to China, and also asks that the defendant be made to account for the plant
 of the expedition, now in his possession.
 BY TRAIN ROBBERS.