Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-02-21

Seeklll9 Huule dlkfdnta8e OF pet1ltOIeE
and all others, in attempting TO obtain a
Judgment against defendant and cut off
the claims of defendant railway and petit
toner and others, against him; that
petitioner IS advised and believes that
said plaintiff had the board of directors
of defendant called ar call meeting on
February 8, 1889, and that they adopted
a resolution authoTing and directing the
attorney of the Missouri Pacific railway
company Mr. Merriam, to appear IN open
court and confess Judgment in the sum
declared on il plaintiff s petition which
amounts 10 over $500 DOC with the inter-
est. That with such a Judgment in the
hands of plaintiff, petitioner fears that it
would be used in aid of mis- possession of
said defendant railway, and that he
would have a receiver appointed of his
own selection, and still hold and operate
said property to the great injury of petit
toner and defendant; that said plaintiff
might, with 4 Judgment now obtained,
go before the board of directors, who are
subject to his direction, and have the
said board declare the same a preference
lien to all other debts, subject to the
mortgage liens, and thus deprive your
petitioner and defendant of their just
rights in the premises. And further:
Said plaintiff may record his Judgment,
if obtained, and create preference
lien on the defendant railway in
all counties along its lines in
Texas Petitioner is advised and
believes and so charges the fact
to be that said plaintiff, nor the Missouri
Pacific railway company which in fact
are one and the same in interest, have and
own no substantial interest in the de-
PENDANT railway of $50 miles and the
equipment and property there
of. That they, plaintiff and
said Missouri Pacific railway
own neither stock nor bonds issued
and outstanding against said defendant
railway, save and except sufficient TO en-
title them to hold the trust as directors
therein. That the possession of said
property is kept for the sole purpose of
making money out of it at the expense of
the bondholders and the stockholders;
and the possession, so wrongfully held,
is being used to injuFe petitioner and the
receivers who are exercising the said
trust, and the defendant That now as
heretofore the traffic is being diverted
from petitioner and transported over
the Iron Mountain railway. That
while this is so the said
burden of expenses without correspond
ing profit from the business that legiti-
mately belongs to it. Petitioner charges
that by reason of the connection of the
defendant railway with the Missouri.
Kansas and Texas railway, the former
having become the property of the latter,
and the construction since 1880-lSSl hav-
ing been made to render the Missouri,
Kansas and Texas railway and the de-
PENDANT railway one continuous system,
that the International and Great North
ern railway Is Indispensable to petitioner
IN the distribution and carrying traffic;
and without the friendly traffic arrange
ment between them it will be injurious
and perhaps disastrous to both properties.
That the necessity for such connection
may become more apparent, the map for
1888 of the Missouri Pacific railway,
marked exhibit 81 - is attached hereto
and made part hereof.
Petitioner is advised and believes and
so charges, that said plaintiff uses his
possession of defendant railway in hos
tility towards the Missouri, Kansas and
Texas railway, and is now and has been
struggling since the Missouri, Kansas
and Texas railway was severed from the
Missouri Pacific railway system, to Grip
pie your petitioner by using the Inter
national and Great Northern railway IN
sharp antagonisn TO your petitioner.
Wherefore petitioner charges that the
interest of the two properties are made
to clash and conflict by reason of the
wrongful possession of plaintiff and the
wrongful manner of operating the same,
contrary to the original idea of construct
ing said roads and pefecting their con-
nections.
Petitioner is advised and believes, and
so charges the fact to be that by reason
of the pretended lease of the defendant
railway to the Missouri, Kansas and
Texas railway company, and the wrong
full acts of plaintiff in keeping said de-
PENDANT in that position, and the Illegal
and wrongful pro rating of freights justly
belonging to defendant railway, and
showing unjust favors IN paying freights
to the other roads under plaintiff IS eharges
and ownership, and the depriving of de-
PENDANT railway of its just share of bust
ness to which ii was entitled, and the
fact that so Kept the books and papers of
defendant railway, and so kept officers
and agents whom he selected to do his
and who, then and there from
1901 uilh AOW GU Will edlb
plaintiff to injure defendant railway and
build up plaintiff in his interest in other
lines of railway. That by reason
of all said wrongs and injuries
of plaintiff towards defendant
railway, its just revenues have been lost,
its earnings diminished, and it has been
made bankrupt, unable to pay its just
debts. By reason of which defendant
has been damaged 81 900 900, and petit
toner here pleads that sum in reconven-
ton against said plaintiff.
Petitioner charges that the officers of
defendant railway, to-wit: Jay Gould.
one of the directors and president, and
the other directors and officers have no
interest in said property are strictly I'M
Ter the power and control of said plain
tiff, and do and perform whatever he
and that they have conspired
and confederated together TO cheat and
wreck and bankrupt the said
defendant railway; that they have met |
and agreed to appear for defendant and
confess Judgment, which petitioner is
advised and charges to be fictitious and |
fraudulent and unjust; and vet the said |
officers and directors neglect and refuse |
20 enquire into the same, whether il be |
7alid or fraudulent, and viii not defend |
he road against the said fictitious claim |
IN the contrary, in furtherance of n con-
piraey with said Gould, come into court |
With the attorney of the Missouri Pacific |