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

southwestward that the effect would
bring about the bankruptcy of the Mis-
souri,, Kansas and Texas Railway and the
international and Great Northern rail-
way That is to say, all freights of a
paying kind were routed from
| ST. LOUIS and east thereof over
! the Iron Mountain railway, which
was then and there, and still is j,
part of the Missouri Pacific railway
system; the ears loaded with freight for
the Southwest were transported over the
favored line-the st. Louis, iron Noun
tain and Southern railway, commonly
called the Iron Mountain railway, and
after the said loaded cars with paying
freights were unloaded, directed that the
empty cars be routed back East over the
defendant railway and the Missouri Kan
sas and Texas railway; thus making
money for the one road ana losing money
for the other That the traffic was SO
controlled and prorated as to discriminate
against the Missouri, Kansas and Texas
railway and the defendant, the Interna-
tional and Great Northern railway, and
force them 20 bear all the burdens and
charges of traffic without reaping the just
and fair share of the profits of the bust
ness done by these lines. Petitioner is
advised, and so charges that said plaintiff
combined and confederated with the di-
rectors and officers of the Missouri Pa
eiffc railway and the directors of the
Missouri, Kansas and Texas railway and
the Iron Mountin railway to so manage
and direct all freights that the said lines
should so prorate their earnings, upon a
plan then and there devised and acted
upon, as to gradually diminish the earn
ings of petitioner and defendant herein,
and increase the earnings of the Missouri
Pacific railway until default should occur
and the said two lines become borrowers
and the said Missouri Pacific railway be-
come a lender and thereby create the
necessity for stripping the said defendant
and this petitioner of all credit and Sc
curity then and there possessed by them
as property; and then, after having worn
them out and run them down until in
bankruptcy, purchase the control for
trifle and force the bondholders to rebuild
these lines again, or have a receiver Sc
lected by the said plaintiff or under his
direction, who would still be under his
influence and work in his interest for the
transfer of these properties and the pro-
fits of their business into his favored road
the Missouri Pacific railway.
Petitioner charges that said plan laid
for the gradual disntegration of this petit
toner and the defendant railway, began
in 1881, and has been persistently pur-
sued from year to year; that the boards
of directors in all of these railways have
been substantially the same, Influenced
and acting by one mind and under one
plan, for the insolvency of the said two
lines, and the building up of the Mis-
souri, Pacific railway in which said PLAN
tiff had a majority interest.
That part of said plan was disclosed
and the frightful condition of these prop
critics exhibited by Jay Gould, in a writ
ten report made by him to a meeting of
the board of directors of the Missouri Pa
cific railway in the city of New York on
the 18th day of March, 1855, O copy of
which report is marked. Exhibit d 30 and
made part hereof. In said report of said
plaintiff he alleges that the Missouri Pa
cific railway had then advanced $500 200
to petitioner, and that additional large
advances must then be made of 81 1886 >
go; and that for the defendant, the In
ternational and Great Northern railway
company the sum of S246 ,495 must be
advanced to save its credit. That in
plaintiff IS petition he sues the defendant
railway for 1896 800, besides interest,
alleging and setting out in his
said petition filed in this court February
f, 1889, the items of cash ad-
vanced, and for what the same was paid,
and among other things is the semi
annual interest falling due on the bonds
issued and outstanding against said de-
PENDANT railway, that fell due May l
1898, and November 1883, and both de-
faulted, the said railway having wholly
failed to pay and being then and there
l. 10 IL
and there insolvent, and has remained so
for the period since May l 1888. a GER
titled copy of plaintiff petition, marked
'sE, - is attached hereto and is made
part hereof, and reference made thereto
to show the items and facts alleged
therein. Petitioner charges that said
plaintiff and his board of directors, in
furtherance of the conspiracy between
himself and the officers of his said lines
of railway, selected by himself to execute
his plan and having formed the conspiracy
aforesaid against the bondhOlders and the
stockholders of this petitioner and the
defendant railway to render said
properties insolvent and then become the
owner thereof, administered his trust so
Tecklessly and unfairly that action was
taken in the supreme court of New York,
1888, to restrain the said plaintiff from
carrying out his said conspiracy 10 ruin and
render insolvent said properties, which
petitioner charges was fraudulent as
against this petitioner and the defendant
railway then and there owned by your
petitioner; and that the same became so
open and notorious and fragrant that the
stock and bonds of the defendant
railway and of petitioner lost
their value in the market, and be-
came almost worthless and could not be
sold for their true value In fact the
stock was run down from par to less than
80 cents on the dollar, and the properties
were generally deprecated so much in
value by the action of said plaintiff and
his conspiratorS, that petitioner was then
and there damaged in the full sum of
81 Zoo, 900 The metropolitan news
papers OF the city of New York, then and
there about May | 1885, printed full re-
views of the fraudulent acts and transac-
lions of said plaintiff and his co-conspira-
tors, and helped to bring the ruin and in
solvency which soon overlook these prop
critics.
A review OF said frauds and devices re-
sorted to by said plaintiff in the method
of dealing with defendant railway is de-
scribed in the New York Times of May
5, 1888, Ga printed copy of said paper is
marked F and made part hereof
and which is made part of the allega-
tiOnS IN This DetitiOn Petitioner eh3rUpS