The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1890-01-16
AsrROSG Showing,
Claim, OF the Rock island siunIeiPaI
Stockholders.

Claims OF the Rock tslnhd huuietpal
| sio-khoIdsrs.
The Rock Island Holds S25.l50.0O0 q
! the e., X az stock for wkieh II NeS-
Paid . DOIIar-Thsy Ask That . Re
| csIVsr he Appointed TO Take Charge q
, the C., n 4 y. Property.
J The answer which has been file,
/ in the United States circuit court II
1 Topeka in the G., X. 4 y. fore
closure case by the municipal stock
holders of Kansas contains som,
very Interesting allegations. Ii set
forth that the G., r I. Il Z. com
pany owns, So, 49, 40 Of the e.. X
I 4 y. stock for which IL never paiC
a dollar: that IL has received all th'
bonds earned by the constructions o.
said railroad aud has converted the
same 10 its own use; that from the
BEGINNING the Chicago, ksBsas a
Nebraska railway company hal
treated the municipal stakeholder.
A. without right or interest In the
management Of the property. hal
made no report to them n stock
holders of iIs Actings aud dOiDgs
has sent them no notice Of its meet
ings, and has absolutely ignored
them as having any stake, share OF
interest in the property. That at all
times, by reason OF its ALLEGED own.
sTship Of the Stockton which IL ha,
never paid a cent-the Chicago,
Rock Island 4 Pacific company has
assumed To and has exercised abso-
lutte control in all tn: affairs Of the
cOmpauy, and has had In view from
the beginning the unlawful purpose
sought to be accomplished by the
collusive suit brought 10y said com.
plainant In said original bill nj Its
instance aud behest.
They ask that IL shall Ice adjudged
that the municipal stockholders are
the only real aud bona iide stock
holders OF the Chicago, Kansas 4
Nebraska company; they ask that
the lease To the st. Joseph 4 lows
railroad aud the assignment OF the
leHse TO the Chicago, Rock Island 4
Pacific sh all be held absolutely void,
and be surrendered up to be eau
celed by the court. They ask also
that IL said ARRANGEMENTS by tue
Chicago, Rock Island 4 Pacific rail-
way company, made toward the
construction Of this railroad, shall
be derTeed aud held valuable con-
SideTaIiOn for the capital stock
claimed to be owned by IL, aud it,
title thereto thereby perfected, that
then tue Chicago, Rock Island q
Pacific railway company shall be
held and decreed To be the trustee
for the several municipalities OF the
bonds received by IL a. n majority
stakeholder TO an amount equivalent
to their several subscriptions, aud
that the municipalities are the
equitable owners Of bonds now
sought To be enforced against the
property in amounts respectively
equivalent TO their several stock
subscriptions, aud In the event that
the court shall decree that tine pro-
perry he sold, that such oider Of sale
shall Ice made upon condition that
upon the reorganization OF the conf
pany the several municipal stock
holders shall stand upon the same
footing a. the Chicago, Rock Island
4 Pacific railway company as owners
Of the bonds, and shall be given and
awarded stock In the Te0TganiZed
company equal to their several stock
subscriptions.
They further pray, that pending
this litigation, the Chicago, Rock
Island 4 Pacific railway company
shall he enjoined and restrained
from selling or disposing Of, or In
any wise hyPotbecAting or encum-
befiug any Of the stock Of tue Chica-
go, Kansas Il Nebraska railway
compauy,by It ut any time acquired.
They further pray, that q receiver
shall be appointed to take possession
Of and operate, pending the liIiga-
ton, all and singular the property
and franchise Of the Chicago, Kan
sas 4 Nebraska railway company, ne
set out and described In the original
bill Of complaini-being the pro-
perty now In the possession, control
and operation Of the Chicago, Rock
Island 4 Pacific railway company,
and dsnomiuaied by IL, 1.-THE Chiea-
go, Kansas 4 Nebraska division
ard that the receiver be directed 20
operate the same to the best adyaB-
tags, and to collect aud hold to the
use aud benefit Of the persons or
corporations ultimately decreed 10
be entitled to the same, the net
revenues Of the railroad property.
They pray the Chicago, Rock
Island 4 Pacific railway company
shall account to the Chicago, Kansas
4 Nebraska railway company aud 20
the municipal stockholders for the
full face value Of all bonds received
BY 10, and all moneys coming into
Its hands, and the value Of the stock
taken and received by Il, and for all
profits dire=tly or Indirectly result.
Ing In aud about the construction OF
the railroad and the operation there
Of; for an account OF all moneys
arising from the operation Of tie
road and coming into its hand, and
for and on account Of all profits, OF q
speculative nature or otherwise,
received by Il or any Of its officers
from lands aud town sites, and for
all moneys and things Of value
whatsoever which &c has received,
and for all benefits accruing exelu-
sivsly TO the Chicago, Rock Island
4 Pacific railway company, OF what
soeyer nature: and that 10 shall be
permitted to Offset and charge said
account only with the sum Of money
which 10 has actually expended IN
and about the construction and
operation Of said road Of the ChIca-
20, Kansas a Nebraska railway com-
psny exclusively.
That there shall be decreed to be
no default 90 TO the principal Of said
mortgage, and that the said Chicago,
Rock Island q Pacific railway com
pany shall not be permitted "a
charge against said Chicago, Kansas
a Nebraska railway company, for
snd on account Of Interest, . SUN
greater than on It, the Chicago. Roek
Island a Pacific railway company,
paid on that account for interest
upOn money actually eXpended ID