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

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president, aud Walter T.. Read as
superintendent, OF either Of them, with
the sanction or the cooperation, or
with full or any knowledge Of the
wrongfulness OF their acts. or other.
wise, constructed, or proceeded n
operate or maintain the proposed lines
Of railway outside Of the said corporate
limits OF the city Of Salt Lake. And
defendants allege that sall lines
OF railway have been determined
upon aud constructed aud were being
operated, or In process Of con.
oiruction, al the time the said meeting
was held aud the said act Of construC-
ton, operation and maintenance was
by the unanimous vote Of the stock.
holders at said meeting duly ratified
and confirmed; and that the acts Of the
defendants after that date were sinply
for the purpose Of carrying out the win
OF the said corporation, M manifested
by the unanimous vote Of the stock.
h0lders at the said meeting.
Said defendants further deny that
well knowing that II the plaintiffs said
request for tho adjournment OF said
meeting were granted and said meet
ing adJOurned until the time proposed,
or otherwise, that plaintiff would be
present or would oppose the extending
Of the lines Of railway Of said com
pany, or Increasing the Indebtedness
Of extending or operating the lines Of
said company, the sald A. w. Me
Cunc, Walter y. REID, X. G.. Cham
beers, or Spencer Clawson, or either OF
them, refused In any way TO recognize
or pas. upon tho said request Of said
plaintiffs.
said defendants further deny that
the persons alleged IN said complaint,
VINO had been elected board OF dircc-
tofs aud officers Of said company, did
not IN any way represent the interests
Of the PLAINTIFF aforesaid. On the con.
tmfy, said defendants sllege that they
were elected 10 said offices and since
their said election have at all times
acted In tho Interest aud for the bcne.
iltof all stockholders Of the corporation,
including said plaintiffs.
And said defendants deny that they,
or either of them, were or are partic,
10 any conspiracy or plan for the con.
Quoting Of the affairs OF said corpora.
ton contrary 10 Its chartered powers, or
to the loss, wrong or damage TO the In.
tcrcsts Oi the plaintiffs, OF either OF
sANAAl ~ hAl W WV RkAA'A HNkNhhNAhNAN
Of the company.
Said defendants allego that the said
\. VI. Jarvis was not elected member vi
tho board Of directors Of IN. said com.
pany, or 10 any other Office therein, Mt
said stockholders' meeting, for the
reason that during the time prior there
10 that tho said \. NJ. Jarvis had been
acting rs vice.presldcnt and member
al Nlass AnaNfN aI NlFanfANa ~ auaI
pany, he had utterly neglected 10 per-
form the duties thereof, OF to take any
Interest In the affairs Of tho said cor.
pOratlOn, aud Mt all times neglected 10
be present Mt the meetings Of the board
Of directors OF said company.
Said defendants further alloge that
during tho time Aforesaid, when said
plaintiffs were 10 represented on the
board Of directors Of said company, they
ut various times sought 10 enter into
conhpifacies Tor the purpose of cheat.
Ing anu defrauding the said corporation
by getting Possession VI it, bonds, and
disposlng Of them at much iuss than
their market value 10 themselves In
order that they might realize the dii.
ference between the prices ut which
they would take said bonds ami nc.
count therefor 10 the said corporation
aud the prices which they would reallz,
therefor upon the market.
Said defendants further deny that
since the time Of tho election Of the
said board OF directors aud officers that
the acts Of the said board u directors
and oiilcefa have been without the
knowledge or consent Of these plain.
tits, or without consultation, with them
or any ono represented by them,
or without said consent Of any Of them,
have been for the benefit Of themselves,
except In common with all the stock
holders Of said company, or against the
Interests Of said plaintiffs, or either Of
them. On the contrary, said plaintiff
have Mt all times had opportunities for
consultation with the board OF dlrec.
tons and have frequently met with
them and discussed the affairs OF the
said company; and at no time have the
plaintiff. been denied tho right and
Of such consultation.
Said defendants deny that the said
a. w. McCune, II. &. Chamber,
Francis Armstrong, w. T.. Read aud
Spencer Clawson, or either or any OF
them, have consplred together to man.
age the affairs Of the said company 10 |
the injury Of the said plaintiffs or either
OF them, or la order 10 build, equip or |
lines " road outside OF the |
corporate limits Of said Salt Lake city,
or that the said board Of directors have |
permitted the liabilities OF said cOmpa-
ny TO Increase ~ alleged In said com.
plaint 10 the said amount OF s3i, 900, or |
10 any amount.
ON the contrary, said defendants al.
lege that since the election Of said board |
NJ directors on the 2ist day Of August,
1901, the Indebtedness aud liabilities OF |
said company have been diminished 10 |
tho amount Of $4,000.
Said defendants deny that In order 10 |
raise the money 10 carry on the extern |
sion Of said road, or 10 provide for the |
Increase OF expense thereof, the said |
board Of directors borrowed the sum Of |
$780, 900, or deposited M collateral secu. |
rity for the samosiO0, 900 Of said bonds,
Dr that any such indebtedness maturei |
IN the 20th day Of August, 1891, or at
Any other time; or that upon maturity
thereof said company wat unable 10 |
meet the payment thereof, or author |
I2ed the said directors or officers, being
unable TO raise the money 10 meet the |
payment thereof with the bank which |
han. made such loan OF 500, 900,
anu arranged with the said bank
that they might have 100000 Of the
,aid 100000 released upon the nay.
ment OF s50,01D Of the said 100000,
Or that thereupOn, or al
all, said directors obtained $4,000 from
another bank, maturing January 10,
a. 1