The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-06-11
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CHINESE CONCESSIONS.
CARRYING THE CONTROVERSY
INTO COURT.
Count Eugene de Mitkiewicz Bring
ing Suit Against Wharton Barker Of
Philadelphia

ing Suit Against Wharton Barker of
Philadelphia
PHILADELPHIA, June S-Wharton Bar
ker, who, with his wealthy friends of this city
has represented the moneyed side Of ths
enterprise generally known as the Chinese
concession has been sued in the court of
common pleas in this city by Count Eugene
do Mitkiewicz, who has been the nego-
tiator for the grants from the Chinese gov
ernment, for an accounting aud for a spe-
cifc performance of the agreement alleged
to have been made by Mr.. Barker concern
ing the enterprise. The complaint, which
is in the form of bill in equity, tells an
extraordinary story Of a vast financial
scheme, many parts of which are entirely
new. The bill was filed to-day by Messrs.
Sackett and Bennett. the New York
counsel for Mr. de Mitkiewicz. his
Philadelphia solicitor being the well known
Wilkesbarre lawyer Alexander Farnham.
Prior TO March, 1887 tho complaint says,
Messrs. de Mitkiewicz and Paine had de-
voted their energies at great expense 10
obtain from the Chinese government
| concession or grant for a telephone COM
pany to carry on telephone business in
the treaty ports of that empire" Subse-
quently an agreement was made between
Messrs Barker, De Mitkiewicz and Paine,
under Which It was agreed that Mr.. Barkers
Interest in the concession should be thirteen
twentieths, Mr.. de Mitkiewicz's three
twenteths and Mr.. Paines four twenteths
The telephone company, to be called the
American telephone company, was 10 be
formed with capital stock of 100000 000
of which $1,000, 900 was to be limited to
Chinese subscriptions; the remainder was
to be owned by company, TO be formed
with capital stock of $50, 900, 900, which
should control and own all other conces-
sions obtained from the Chinese. All the
capital necessary was TO be advanced by
Mr.. Barker, or through his agents. The
second company above referred to was also
to be organized by him as soon as the con-
cessions were obtained.
The plaintiff further alleges that after an
expedition had been fitted out at a cost OF
about 0,000, he went with 1t TO China.
Tho viceroy, III Hung Chang, issued de-
cree granting TO Messrs de Mltkiewicz and
Barker an absolute telephone concession.
The grantees assigned il to the Chinese
American telephone company, and provis-
iOnal certificates were issued over the
signatures Of Mr.. Barker and Mr.. de Nit
kiewicz, for about 81 ,000, 900, to Chinese
officials.
The plaintiff also says that he undertook
the negotiations for another concession of
plan for the Chinese American bank The
Viceroy finally directed tho execution of a
provisional banking concession upon this
| plan and it was agreed that Mr.. de Nit
kiewicz should at once go TO America with
Ma Kie-Chang, the principal representative
OF the Chinese government, and arrange
with the Chinese minister and Mr. Barker
the final settlement Of tho banking conces-
sion.
Mr.. Barker invited Ma-Kie- Chang to his
country home near Philadelphia, and from
this time apparently, dates the first break
in the success of the grand scheme. Before
Ma-Kie-Chang went away, Mr.. Barker sue
ceeded III obtaining from him the execution
OF paper which purported to be an altera-
tion OF the banking concession wherein the
name Of Mr. de Mitkiewcz was omitted as
a grantee and MIR. Barrier appeared as the
sole grantee. The result was the departure
Of the envoy with the negotiations inter
rupted and nothing accomplished, so far as
the banking business was concerned. When
repeatedly urged TO carry out his agreement
as TO the formation of the companies Mr..
Barker finally showed to his associates an
agreement made between the members Of
the pool on Aug. ~, 1887, whereby each
agreed with him that he might negotiate
and sell one-fourth Of his interest in the
American and Oriental company at the
rate Of % per cent. Of the par value. One
nIt0 OF Jns pTOceeus bnOulQ Do phld 10 Tue
company's treasurer and the remainder TO
the owner. Mr.. Barker was to keep the
remaining three-fourths for two years as
trustee. The corporation to be known as
the Finance company of Pennsylvania, was
20 be organized with capital stock Of S5.-
600, 900, and each subscriber paying cash
par value for his stock was to be entitled TO
subscribe TO the stock Of the American and
Oriental company "to the amount
Of one-half Of his stock In
the Finance company Of Pennsylvania
at the rate of 25 per cent. Of the par value
thereof Messrs. Paine and dc Mitkiewicz
signed this agreement, but the other mem
bers Of the pool we're kept in ignorance OF
their interest in the matter. Mr.. Barker
still delayed forming the companies, as
agreed, under various pretences. Among
other excuses, it is alleged that he asserted
60 the plaintiff and Mr.. Paine that the pro-
vsional banking cession had been revoked
by the viceroy, although, long after making
these excuses, he represented and continued
TO represent to others that the prov sional
banking concession was in full force, and
upon the strength of such representations
induced them TO make payments on their
subscriptions to the said fund or capital Of
100000.
Mr.. Barker is alleged to have made
trust deed, purporting to have assigned h
himself, Ezra Bowen and Samuel Grey, as
trustees iOr ten years, al luJeTeSJ IN Jno
Chinese concessions BY the terms Of this
trust deed, the trustees were TO organize
financial scheme under the name OF ths
American and Oriental trust company, will
a capital Of S20, 900, 900, the whole enterprise
TO be under and virtually controlled bJ
these three trustees, who were each TO draw
an annual salary of $4,000 and also Il
receive between them 10 per cent. OF tn
annual proceeds.
The complaint further AYERS that the
Chinese Interested in the said telephone con-
ces ions shave sent repeated and urgent re-
quests, which have been communicated to
said Barker, that some one should be inn
medately sent to China, TO carry out the
contract involved in the said telephone con-
cessions and Of establishing the business TO
be done hereunder"
The plaintiff asks that the defendant
Barkerl be decreed TO organize the Chinese
American telephone company with capital
Of So 900. 900: also, to incorporate the ORR
entail company as originally agreed, or else
the Amer can and Oriental company and
the Finance company Of Pennsylvania, as
agreed by the contract of Aug. "a, 1887. It
is also asked that the defendant account to
the plaintiff for the plant Of the expedi-
ton now in his possession, and repay to
the plaintiff, as agreed, the $4,000 or more
which the latter expended ON the expedi-
ton TO China
PnoF vIRonow at Cairo lately was beset at
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