The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-04-04

resolution or order in the Office of the sec
rotary of state authorizing the issuance of
the same, the said railway company and
its stockholders, directors and managers
increased its bonded indebtedness above
said last named amount to twenty mil
lions of dollars, all of which was and is
unauthorized and fictitious.
Your petitioner here charges and begs
to show that said Missouri, Kansas and
Texas Railway company controls and
claims to own all of the stock of the said
International and Great Northern Railway
company, except the amount of two hun
dred (200) shares, aggregeting twenty
thousand dollars (S2O,0OO); that of the
amount it so claims, owns and controls
the said $4,000 shares of fictitious stock
so unlawfully issued constitutes the main
part. That said fictitious bonds and in
debtedness and the unauthorized and
fictitious stock, as aforesaid, were issued
and promulgated while the same board
of directors and the same set of officers
unlawfully acted for, operated and con-
trolled each of the said two railway COM
panies while they were competing and
parallel lines. That said unau-
thorized increase of stock and
indebtedness was done for the
purpose of placing the said International
ar d Great Northern railways property
and franchises under the management and
control of its competing rival, the Missouri,
Kansas and Texas Railway company
that the purpose of the Missouri, Kansas
and Texas Railway company in control
ling and owning the said 972S412 shares
of stock of the said international and
Great Northern Railway company is to
give the said former company the power
to elect its own officers and managers as
a board of directors and as the officers
and managers of the said latter company,
which it Will do and thereby again assume
and take control of the International and
com peting rival, unless the relief herein
sought ehall be granted.
The encouragement closes as follows
Premises considered, the state of Texas
prays:
First-For process and service thereof
against and on each of the defendants
herein named.
Second-That the said Missouri, Kan
sas and Texas Railway company, and
each of its officers, agents and attorneys,
and each of the defendants, George A.
Eddy, H. G. Gross, R. O. Foster, Samuel
Hannah, @. O. Slaughter, I. II. Evans, s.
II. q. Clark, ]. A. Baker, ST., F. Rice, A.
R. Howard and DR.. D. S. Fl. Smith, and
each of their agents, servants and en-
ployes may be en- Joined by the orders OF
this court until hearing hereof, and per
petually thereafter from voting, using
controlling or transferring the said stock
at the meeting aforesaid on the first day
of April, A. D. 1889, or at any time
thereafter, and from in any way CONTROL
ing the affairs of the said international
and Great Northern Railway company, so
long as they or either of the said parties
last named shall be in the employ or
under the control of the Missouri, Kansas
and Texas Railway company, as officers,
managers, directors or representatives
thereof, and that the fictitious stock as
aforesaid shall be ordered to be brought
into court, and cancelled and held for
naught.
.Third-That on the final hearing hereof
Judgment be rendered in favor of the
state of Texas against the said Inter
national and Great Northern Railway
company for the said sum of $10,56l, 040
Fourth-And for such other or different
relief as may be or become necessary OF
proper; and for all costs incurred by rea
son hereof. JAS. 5. HoGG,
Attorney General for Texas.