Wichita eagle., 1888-06-09
SUED FOR BREACH OF CONTRACT.
Wharton Barker Fails to Keep Certain
Promises with the Chinese.

NEW YORK, June S-Through the at
torneys of Count Eugene De Milkiewitz
of this city and Philadelphia, a complaint
was filed today in the court of common
pleas of Philadelphia against Wharton
| Barker, the Philadelphia capitalist, to
compel a specific performance of agree.
ments of gigantic proportions under con-
cessions by the Chinese government to
supply the whole of the parts of that ter
ritory covered by treaties with
telephone service through company
of capital Of 100000 and to
form another company with a capital of
$20000,000 with general banking. railroad
ing and mining powers, also under conces-
sions from the Chinese government. The
complaint sets forth that prior to March,
1887, the plaintiff and VIM. l.. Paine, at
great trouble and expense, succeeded in Sc
curing the support of the Chinese minister,
Hong Chang. The following agreement
was then made: A company was to be
formed to supply the empire with tele
phonic service. sPlalntiff was to have
three twentieths of the stock, defendant
thirteen-twentiethS and Paine four-twenti-
eths. 1t was to be called the American Tele-
phone company andsl, eco 600 worth of stock
was to be limited to Chinese subscrip-
| tons. The remainder of the stock was to
be held by company capitalized at So
! 900 coo to be called the Oriental company.
! This company was to have railroading
and mining powers and a concession of
such grant was promised Hi Hung
| Chang. On this promised concession
provisional certificates of stock were
issued over the signatures OF the plaintiff
and defendant to Chinese officials. Mean
while an embassy WAS sent to the United
States, in which was the envoy Make
Chang, to see Barker and arrange matters
The complaint states that Chang was
| taken TO the country house of Barker and
treated sumptuously and that the outcome
was that new agreement was made
whereby the plaintiff was left out in the
cold and between Barker, Hamilton, Dis
ton, II. ID. Fling, Francis ID. ShipIey, Ezra
Bowen, Robert Glendinning, VIM. Massey.
(, Thomas Potter, jr., and George I. Tyler, a
subscription of $1,000 600 was raised to
meet the expenses of the Chinese enter
prises, Barker representing that he
concessions. An agreement was
then made whereby Barker was allowed to
sell one-fourth of his interest in the Amer
lean and Oriental company for p per cent
of the par value. One-hfth of the proceeds
was TO be paid to the treasurer of the lat
Ter CoulpdDl, the TSllaluuer was TO go TO
the owner, An agreement was then made
TO form the Finance Company OF pennsyl-
vania, with a capital of $780, 900, all the
stock to be paid up and each stakeholder
TO be given part ofthe stock of the Amer
lean and Oriental companies. All of the
agreement Barker has failed
TO fulfill, according to the
complaint, although pressed TO do 50
by plaintiff and Mr.. Paine. Although
Barker claims the concessions We're repu-
dated by the yiceroy, it is claimed Barker
represented otherwise TO induce the 81 .0O0.-
600 subscription. The plaintiff alleges
that through Mr. Barker's failure TO carry
out these agreements he has not been able
20 fulfill his promise to the Chinese Off
Gals and that distruSt has been engender-
ed which imperils the schemes The
wealth and high social standing of Mr..
Barker and others associated with him
lends an additional interest to the litiga-
ton.