Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1894-02-01
A New Oregon Pacific Suit.

Seventy-siX men, says the Al
bany Herald, acting for themselves
individually, as the aSsignees of
forty more of their fellows, each
and all of whom are, or have been
clerks, agents, servants or EN-
ployes of the Oregon Pacific Rail
road company and the Willamette
Valley and Coast Railroad Com
pany have filed a plea in interven-
ton, in the circuit court of Benton
comfy, through their attorneys,
Messrs. darcy & Bingham, of
Salem. 1t was filed in the now
famous suit of The Farmers Loan
& Trust Company, trustee, VS.. the
corporations before named, and will
serve as wedge with which to
effect an opening for the equitable
standing of these claims that have
been so persistautly ignored in all
the previous litigation and will, in
fact, bring these men and their
claims squarely Unto court" where
they must be legally and honestly
disposed of, The aggregate amount
of these just and long overdue
claims, IS in the neighhorhood of
| $4,000 and to say that they will
be pushed to the very last limit of
their validity is superhuous.
In the complaint filed by these
men it is alleged that the Farmers
Loan & Trust Company when they
sued for foreclosure against the
railroad last October, claimed a
mortgage Indebtedness against the
defendant companies Of SIS, 700, 900,
that they asked for, and were al
lowed, a receiver of the entire fran
chise, property, premises, and
purtenances, of every nature and
sort whatsoever Of said defendant
railroad companies and each of
them, including all the property
and premises, mentioned and con-
veyed in said mortgage, or deed of
trust to plaintiff, together, with all
money and credits on hand and the
earnings of the same that such re-
ceiver or receivers may be granted,
by this court, such powers as may
be deemed necessary and proper. "
The complainauts now make the
pertinent allegations that the
Farmers Loan & Trust Company
as trustee, and as the greatest credi-
tor in interest, i'll the whole matter,
has never in any manner assisted
the court to properly administer the
affairs of these wrecked companies
but has contented itself with stand
ing idly by and witnessing several
inadequate sales of these properties,
which the Trust company's own
expert has reported to be worth
actually S3,5oo,o 900; that the said
properties, unless bid on at the
coming sale by the Farmers Loan
& Trust company, will not sell for
enough to pay court expenses; that
said Trust company has never
heretofore been a bidder even in
behalf Of its own immense claim, at
any of the several sales which have
transpired; and in the face of these
charges, these employees pray for
an order of the court, requiring
ana compelling this big creditor
trust company to pay into court the
several amounts claimed by the
hundred and odd claimants bring
ing this suit, together with interest
at per cent thereon, until the
same shall have been paid.
The case is one that will attract
broad interest as new feature in
the multiplicity Of features already
established TO the history Of these
fine properties up to date, and it
has the peculiar merit Of being an
element on which popular sympathy
will focus itself, whether it has a