The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-06-05

said Richmond and Danvile declined to do
This inventory was accordingly made under the
direction of said superintendent of
the Central railroad and by the employees
and for the use of that company exclusively
Soon after this inventory was prepared how
ever. and before the president and directors of
the Central knew that 1t had been prepared,
their said superintendent, who had formerly
been an employe OF the Richmond and Danvilie
company, but who was at that time still in the
service of the Central Railroad Company. de
livered 1t to the Richmond and Danville com
pany, without any authority whatever
When this was discovered the president of the
Central at once en- Ieavored to obtain said inYen-
tory from the Richmond and Danvlle company
and made frequent requests aud demands there
for, which were all fruitless. and, finally as a
last resort, the aid of this court was
invoked and restitution Of the inventory was
secured through an attachment for contempt,
which was issued against said Richmond and
Danvtlle company and its general manager,
and since then there have not been the time
and opportunity needed for a proper examina-
ton or said inventory, which is a volumnous
and bulky document.
Your orator further charges that a large
amount OF freight and business which naturally
belong to its railroad and steamship lines and
would have sought transportation over said
lines were wrongfullY diverted therefrom by
said Richmond and Danville company, and
were taken over the lines of that company to
the great benefit and profit of that company
and to the great injury and damage Of said
Central Railroad Company, and your
orator verify believes JnaJ upon q thorough
examination and accounting that it will appear
that it is in law and equity entitled to recover
large damages on this account from said Rich
mond and Danville company. and 80 your ora
tor charges.
And further your orator charges that said
Richmond and Danville Railroad Company, by
reason Of Its failure TO meet promptly the dlvi-
dends due by 1t to the Central and to the South
western Railroad Company's stockholders and
the other Indebtedness incident to the operation
OF the Central's properties, and by reason of its
diversion of freignts and business from the Cen
trails lines, and OF its other illegal and wrong
ful acts and practices has otherwise endamaged
your orator. 1t has caused the stock of the
Central Railroad Company largely to depreciate
in value in the market When the Richmond
and Danville took possession of the Central its
stock was considerably above par and for sew
eral years previously 1t had been paying to its
stockholders semi-annual dividends Of from
to 80 per cent besides paying its fixed charges
and all other obligations, and the scrupulous
prompttudo with which the Central has always
met its obligations has ever been a matter Of
just pride TO the company and its officials And
your orator charges that in the injury thus re-
sulLing to the Central and consequent upon the
Richmond and Danville's nine months' posses
sion and administration Of Its property it has
been greatly damaged, and these damages your
entitled to recover from the said Richmond and
Danvllle company. On this account, therefore,
your orator charges that said Central Railroad
Company is entitled to recover further large
damages from said Richmond and DanVille
Railroad Company, to wit, the sum Of 100000
or other large sum.
Wherefore your orator charges that, without
regard to the lease hereinbefore referred to-
said Richmond and Danville company, by
reason of its possession, use and enjoyment OF
the properties OF said Central Railroad and
Banking Company. and Of its wrongful and lille.
gal acts, conduct and practices in connection
Herewith, has greatly endamaRed your orator,
to wit: In the sum OF 81, 500, 900, other large
sum.
g. That your orator has special and cogent
equities growing out of the peculiar character
Of its claim against the Richmond and Danville
Railroad Company These claims result from
Company's properties. and this bill seeks to re
cover the fruits and proceeds derived from such
use and operation, which have been received by
said Richmond and Danyille company. Your
petitioner lit is respectfully submittedD Is not
an ordinary creditor, but occupies the position
of a cestui que trust striving to follow and re-
cover the profits accruing from the use and op-
Grafton OF its property by one sustaining the
relation to it OF trustee. Moreover, the great
bulk Of the Richmond and Danville's railroads
and properties lie without this state its lines of
railroad within this state being chiefly, IL not
entirely, leased lines, and it would not be diff
cult, IL it desired to do so, to remove its prop
erty and interests from the state
Your orator charges further that said Rich
moud and Danville company is in embar-
raised financial condition. For months past
in New York city, where this and the other
Terminal companies are controlled and man
aged, various committees have from time TO
time been formed and various plans have been
suggested and discussed with view TO adjust
Ing the large floating indebtedness hanging