Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-12-03


transact necessary business pertaining
10 the affairs OF the said company, and
that by reason Of such neglect on the
part OF the plaintiffs Ia the manage,
mcnt NJ the said company, IT, Affairs
suffered through inationtiOn. That
sinco the election OF the present board
Of directors. all difficulties arising from
such neglect have been remedlcd, and
the system Of railroad Of said company
has been put In hfst-class working con
dition.
Defendants further deny that be.
cause Of the attention which has been
| given 10 the making Of said extensions
| with motives alleged or otherwise, the
/ proper attention has not been given to
the use Of tho comDany's property, or
/ its care or preservation, or iOf the
most profitable operation Of the road,
or that the company owns several
/ open ears as alleged, AMI the said
open cars have, TO the loss u the com.
InDy, been permitted 20 remain idle Ia
| the barn or elsewhere, OF that il would
require but few hours Of labor u
change the trucks or motors from tho
closed cars 10 the open ears, or In this
way 10 improve the condition Of the
rolling stock for the summer, u for any
time, OF greatly or NJ all 10 increase
the attfactivoness Of the lines Of the
road or Increase the travel or the 10.
cuipts.
Defendants further deny that because
Of tho matters got forth In said com.
plaiut which have eugfOssed the ntten-
ton OF the said directors OF otherwise,
or IN furthUrance Of their said or ANY
plan TO dcpreciate the credit or assets
Of said company, they vt the said OIL.
cers ot said company, or any " them,
have failed 10 properly care for or utll-
ile the electric currents created by the
power station for the road; or that tn.
said officers are planning 10 build fur.
ther power stations Tor the f0gd with
purpose allcged;or that moro electricity
h now generated than IL needed 10 run
the entire system; or that by the
method by which the snli syHtcm n
now operated, the two engines In the
p0wor.hOuse Of the said company or
all Of the dynamos are running con-
tinuously, 10 that break ia either
engine or either Of the dynamos at any
time would cause shutting down
Of the entire system aud a stop.
ping Of all the cars upon ali the
lines Of the system until repairs
be made. or that ia portion Of
said road proper attention has not
been given ~ the schedule Of the time
Of said cArs, 30 that ~ operated, cars
follow closely upon each Othet or then
Ut long intervals, other cars viii follow,
or making thu expense Of the operation
or that " the maintenance Of a large
number Of cars, while the utility OF the
system IL only that Of portion Of the
number Of cars actually run. Or that
the number Of men employed A. motor.
men or conductors IL much larger than
10 necessary 10 carry the number Of
passengers that are carried by them, or
10 operate the lines successfully. Or
that the numbered men working In tue
repair shOps ~ unusual or larger than
the number employed In the SHOPS Of
other electric roads. or that by fensnn
thereof, or ut all, tue expenses OF the
road are increased 10 an unusual OF
Unreasonable amount.
Defendants further deny, according
20 their Information hbd belief, that
during the year 1881 there has
been any increase In the expense In
proportion 10 the earnings ~ compafed
TO the year 1890; or that III. facts ~.
pear, as alleged, IN tho books Of said
company. On the contrary, defend.
ants allege, on Information and belief
that the monthly net earnings Of the
road durlng the frat seven months OF
the year 1891 has been 81 ,55g, or an
aggregate OF SIS, 1880, while the net
earnings per month Tor 1890 were only
s5,O3S; 10 that the earnings under the
present management OF the road have
increased over expenses al the rate Of
more than $1,000 per month.
Defendants further deny that the
total earnings during 1891 are a. nj.
legged In said complaint, but on the
contrary, defendants allege that the
total earnings for the first seven months
Of 1891 were sl57,5l2.05.
Said defendants further deny that
the members Of the board OF director,
upon the request Of the plaintiffs on
otherwise, have refused 20 meet. 10
take all necessary or proper steps OF
action for the protection OF the property
OF the company, or In tho Interest OF
its stockholders, OF the better manage.
ment Of its affairs.
For further defense, ana by way of
countcrclaim, defendants allege that
prior TO the commencement Of this
ssH'"i HeiH lihhihh hpIcutl utlOtc
the board OF directors Of said COMPANY
and demanded that the bonds OF the
said company be distributed among
It, stockholders In proportion 10 the
amount Of stock held by each, aud
threatened that uuleas defendants,
other than the company, would sell
their stock TO plaintiffs upon terms
proposed by PLAINTIFF, they would en-
denvor TO make trouble for the said
company and the members OF the said
board OF director. That 10 hay, so
disposed Of said bonds to said stock. |
eoliers would have been 10 leave tho
company without tho Necessary and
available means OF meeting It's obliga.
lions 10 its creditors and the necessary |
proper expenses connected with the |
proper maintenance OF Its sy.fem OF |
railway. In such manner as 10 CONFORM
with the requirements OF H. charter
and franchises, and 10 do those things |
according 10 its duty to subs.rve the |
public convenience, aud would have |
been In effect fraud upon the credit. |
ors OF said company aud upon the pub.
lie. That for these reasons tue said !
board directors refused To take the nc.
tlon IN requested by said plaintiffs |
rhereupon said plaintiffs, with the
hope and fof the purpose OF ceerclng
the said board Of directors Into taking
this unlawful and Improper action, had
their complaint prepared and pubIish.
ed In the Sal, lake daily Tribune, sew.
oral days IN advance OF Ming II with
the CLERK of tbIs court int.ndlnp th,.r, I