The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-05-22


ui4hou: expense 10 the lake shore; that
these books hare always been open TO ary
sI1ekhogder or other person having a right
10 examine them. but the plaintiffs have
neser male any application Cor an ex-
n.inatioa or transcript. or they would
haze teen accorded fail Inspection.
an regard to the depot. freigh; house ard
terminal ground in this city. which the
plaintiffs si!ege 10 be worth $500. 600. the
defendants say that ~ith the exception Of
ableu. nineteen acres in Smiths cove the
iaad is al! It'd. land. 10 which they believe
title lies in the state. subject 20 acquisition
by purchase by the railroad company. cx-
cesl, sacn parts IS lie in the streets o. the
city. 10 which they believe 10 title other
than that Of possession car be acquired.
They deny tia. the Nosthen Pacific has
taEen exclusive charge Of the station.
freight house and terminal facilities and
deprived the Lake Shore CT the use OF
thsrn. bar say tina. for the purpose OF re-
de-ang the cost OF operation o; the Lake
sEs8re and for the public convenience the
Lake Shore does is freight business al the
SSr;hern Pacific terminals ut less expense
than at the sinai. and inadequate facilities
wEich IL possessed. In return Tor this the
S.srihern Pacific runs It's passenger trains
frs.m the Lake Shore depot. Of the cost OF
maintaining which it pays IS per cent.
wpile the Lake Shore pays 25 per cent.
As 10 the Boulevard shops, the defend
arts SAY that they were on land owned by
TIE Smiths Cove Land Company, which
II; the spring Of ls92 recovered judgment
il; eJectment. Accordingly the buildings,
which were old and of little value. were
tc-a down aud the machinery sold and
the proceeds credited 10 the Lake Shore.
attd If any portion OF il is In the Northern
P4cihc shops 1T Tacoma ii has been bought
a.fd paid for, though mos, Of !; Was I'M
seited to the requirements OF the Northern
Psciic and was Of little or no value TO it.
The Northern Pacific can do the repairs
or the Lake snora rolling stock at much
less cost than the Lake Shore could do it
al al Independent shop. and, therefore,
ihey say IL is matter OF economy and in
the interest o: the Lake Shore to have
;Elese repairs done by the Northern Pacific.
The defendants deny having taken
feigns and passenger cars from. the Lake
Shore road without compensation, or that
they have taken oil but two locomotives to
use on the Northern Pacific without CON-
pensaiion. substituting Old and WORKOUT
ones for new and valuable ones On the
other hand, they say that when the
Northern Pacific came into the control OF
the road it Was aseertained thas large
Ya,. OF the rolling stock had not been
Iiaid for and the Northern Pacific paid
s.0o, 600 in order 10 secure title TO il: that
some Of the engines were too large and too
expensive 10 operate and Tor purposes Of
economy they and some of the coaches are
Icing used on the Northern Pacific, others
icing substituted IS far as necessary:
that for the section Of the road from the
S.illaguamsh river 10 the boundary
i5o rolling stock was provided by the
Lake Shore and the Northern Pacific has
provided IL. Wherever the equipment u
cae road has been used by another il has
l-een paid for - follows: Locomotives, 10
cents per mile run: engines hired, so per
cay. passenger coaches, 8 cents per mile
ran: freight cars. y cent per mile run.
strict account OF ali rolling stock has been
Kept, they say. and the Lake Shore has re-
ecivc6 full credit. Passes are only issued
10y the Northern Pacific good over the
sake Shore in cases where they would be
issued by the Lake Shore as n separate
Yoad. A general denial is made of tho
charge that the Northern Pacific IS treat
ing the Lake shore as its own property
end using IL and its property without COM
ssensation. but full accounts are kept and
sest compensation rendered. Nor Is there
any admixture of the property of the two
foads. they say. but the two are kept en-
t.rely separate aud distinct.
The defendants deny that they are de
;troying the value of the Lake Shore
Il - = -
come involved aad insolvent or tina. they
,iave any purpose of absorbing it and
making it part OF the Northern Pacific
property otherwise than by operating it
IN connection with the Northern Pacific
They admit that the trustees are elected
;,y the Northern Pacific stock. bu. deny
shat the election is made in opposition 10
che other stockholders. On the contrary
they calm that at the stockholders meet
Ing held on November L.. isa2. the board
aas elected unanimously. Earle vo,-
ing ,0D shares Tor each of the
trustees by II. H. Gilman. his proxy. They
deny that the trustees have refused TO
Jake any action TO protect the stock
;3olders or have acted wholly IN the inter
:st of the Northern Pacific and - the
aetr,ment of the Lake Shoro st ock holders.
put say on the contrary that the trustees
ar officers az the Lake Shore have never
neen called upon 10 take any action in reia-
zion 10 tie alleged abuses. but the plaintiffs
have been present in person or by proxy
g, some Of ;he siockhoiiers' meetings
held in iSpe and have never protested
against any of the acts III the trustees. nut
nv acquiesence and by voting have fully
Endorsed the rolicy complained Of.
: They deny that debts Of the Northern
raclnc are charged 20 the Lake shore. or
earnings of the Lake shore are credited TO
the Northern Pacific. or that a true ar-
counting would sho~ >bslelo or any other
sum ~ she credit of the Lake Shore. APP
alicable 10 paving it, debts or a dividend
They admit that In making rates on the
Lake Shore the Officers OF thu Northern
b'acinc exercise a large influence. as in
right they should They deny that the
reat ons az the Lake Shore trustees 10 the
, Northern Pacific are such that they vail
not revoke the contract or prosecute anv
action against the Northern Pacific, bu;
say that, If 10 con,d be shown that the
.sea;sc contract causes any delrimen. ~
;damag~ 80 the Lake Shore or that any
better arrangement could hs made. they,
:ss well - the Northern Pacific. a-c ready
/ land willing 90 make q.
They deny that It would he impossible
;Eor the plaintiffs to make complete show
sing Of their rights whilc ,ae road is in CON
srol Of the Northern Pacific. or that the
;srustees will cover she matters in contro-
:.crsy 81 ~ 10 prevent an examination OF
:sheir conduct and - evidence that thi,
charge was unfouaded they bring into
'eoart fail and complete showing in re.