The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1894-07-17

all its railroads situated in California,
with all its branches, and all railroads
leased to the Southern Pacific Railroad
company, together with all rolling stock.
telegraph lines. tools and property of
every kind and nature; that it also en-
tered into an agreement OF a similar ma
ture with the Central Pacific Railroad
company, February IL, 1885.
1t is further alleged that May 4, 1888,
a number of lines in California amalga-
mated and consolidated as the new
Southern Pacific Railroad company, and
executed a mortgage to the Central
Truet company of New York to secure
the payment OF $3S,000.000 of bonds;
that sometimes the defendants pretend
to have transferred majority and con-
trolling interest Of the stock to the Pa
cifc improvement company, in order to
more effectuslly and conveniently carry
out the combination and conspiracy, but
that all such transfers are utterly void
and OF no effect.
Sometimes, it ia alleged. the defend
ants pretend to have selected % boards
OF directors of the several companies
named, the same persons appointed the
boards of directors of each such compa-
ny. and such other persons as will carry
out the conspiracy, without regard to
the rights of the United States or OF any
OF the stockholders of the companies, all
OF which acts are illegal and void, and
the compliments expressly reserve the
right to question the corporate existence
of any or all OF the companies named, in
view of the alleged unlawful acts and
violation and abuse of their charter
powers.
The prayer OF the bill is as follows:
And your orators further pray that
said contract or leaoe between the
Southern Pacific company aud the
Southern Pacific Railroad company,
dated February 10, 1885, may be an.
nulled and decreed to be void.
THAT the said agreement between
the Southern Pacific company of Ken
lucky and the Central Pacific Railroad
company, dated February II. 1885, may
be apnulled and decreed to be void.
THAT the said pretended articles of
amalgamation and consolidation be-
tween the Southern Pacific Railroad
company and II other railroad corpora
tions, dated May IA, 1888, may be an.
nulled and decreed to be void.
And your orators further pray that
all contracts, leases, agreements and
cancellations by and between the de-
PENDANTS and between each defendant
railroad and transportation company
and any other railroad or transporta-
ton company in any wise relating to the
| leasing, operation or control of any
thereof. may be annulled and decreed to
be void.
"And your orators further pray that all
transfers of the shares of the capital
stock of any of the corporations defend
ant herein to any other corporation de-
fendant herein, be annulled and decreed
to be void.
And your orators further prey that by
proper decree of this court each of the
railroad and transportation companies,
defendants herein, be required hence-
forth. through it's own corporate officers
and employees, to maintain and operate,
without favor or discrimination agsins,
any person, company or corporation, or
the United States its said respective
railroad or transportation line for rail-
road, governmental. commercial and
other public purposes, and exeroist
by itself alone all Of its respective duties
required by it's charter and by the laws
of the United Statea and OF the state o
California.
LIMA Jour oretnrs surthvr pray ina
the defendants herein, and each o
them, their servants. agents and EN-
ployees, be perpstually enjoined from
in any way com bining or conspiring to
gether or with any other person or cor
poration to restrain trade or commercl
between the states or with foreigl
nations"
The complaint concludes by statin
that all the defendants mentioned ar
necessary parties to the suit, and pray
that the court may order that all o
them, whether they reside in this judi
cial district or not, may be summoned
and that subp@nas may be issued TO
them.