The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-03-26

business of the said Minnesota company and
the said st. Paul Refrigerator Car company,
and that the board of directors Of said Stock
Yards company consists of said Stickney,
Oppenheim, Kalman and Benson, together
with Mark D. Flower, whose affidavit is one
of the moving af1idavits herein.
Defendants deny that they, either OF
them, have unlawfully or otherwise conspired
or federated together with Thomas Lowry, or
with any other parties, to unlawtully or other
wise injure or destroy the business of said
Minnesota company and said st. Paul Re-
frigerator Car company, whether as alleged
in said complaint or otherwise
Said defendants allege that the said Srufeldt
did, in or about the month of October, 1896,
commence negotiations with said Lowry with
view of beginning the operation OF certain
packing houses situate at the Twin CITY
stock yards, mentioned in said complaint,
and that such negotiations have resulted In
an arrangement between the said Shufeldt
whereby the said Shufeldt has obtained pos
session of the said packing houses and other
buildings at said Twin City stock yards, to-
gether with sufficient land for the proper
Operation thereof, and that said Shufeldt has
paid a proper and valuable consideration
therefor; that in all of such negotiations and
arrangements, and the dement's which may
accrue therefrom, the said Shufeldt has acted
in the interest of the said Minnesota Packing
and Provision Company OF Minnesota and the
said ST. Paul Refrigerator Car company and
with the full knowledge and consent OF the
board of directors of both of said companies
and with the knowledge and approval OF a
majority of the stockholders OF the plalntn
herein, and that until few days before the
commencement of this action the said Shu-
feIdt and his associates had no reason to be-
lieye that the said plaintiff or It's board OF
directors were dissatisfied with such negotia-
tions or arrangements, or dissented in any
way from the policy which said Shufeldt had
proposed
Defendants expressly deny that the opera
ton of said packing houses at said Twin City
stock yards was is intended a rival or
competitor of the business OF the said Mime
sofa Packing and Provision Company of Min
nesota or that it was intended in any way
to injure or destroy the same; but on the
contrary thereof the same was begun and is
being operated with the distinct understand
ing and agreement that the said Minnesota
company may assume such arrangements and
take over said property at said Twin City
stock yards if they shall SO desire.
Defendants further allege that a majority of
the stockholders of the plaintiff herein ap-
prove of said policy and plan Of said Shufeldt
in acquiring the possession of the said packing
houses and property at said Twin City Stock
Yards, and in favor of taking over the
same and thus providing permanent place
for the business of the said Minnesota Packing
and Provision company
Defendants expressly deny that there is or
has been any agreement with the said Lowry
or with any other party or parties, to manipu-
stock yards, as alleged in said complaint or
that they are or that they have agreed to
use their best endeavors to induce or
that they are inducing, commission men to re-
move from said South st. Paul yards to said
Twin City Stock Yards, excepting as the ad-
vantages of the said Twin City Stock Yards
may operate such an inducements
Defendants expressly deny that they, or any
of them, have in pursuance of any agreement
with said Lowry, or otherwise, been engaged
in sending kilograms or circulars or inducing
other people to send kilograms or circulars to
shippers of live stock throughout the coun-
try, advising them to ship their live stock to
the Twin City Stock Yards, whether as al
legged in said complaint, otherwise.
Defendants expressly deny that they, or any
of them, or any person in their interest has
been offering paying at said Twin City
Stock Yards larger price for animals than
they were worth on the market, or that they
or any of them, or any person in their inter
est has at said South st. Paul offered less
than such animals were worth on the market
whether as alleged in said complaint or other
wise.
Defendants admit that the entire supply Of
hogs available at both the markets of St Paul
and Minneapolis are barely sufficient to fur
nish the packing houses at sad South st.
Paul yards, and that diversion of hogs from
the said South st. Paul stock yards would
greatly injure the interests of the St. Paul
Union Stock Yards company; but defendants
allege that diversion of hogs from South
St Paul to the Twin City stock yards would
not in any way damage or impair the bus,-
ness of the Minnesota Packing and Provision
company, but on the contrary, thereof, would
benefit and enhance its interests. 4--t III
Defendants allege that since the LIST day of
March, 1897 the said Shufeldt has been con-
Quoting said packing business at said Twin
City stock yards by slaughtering hogs there
and sending portion of the green meat to
the packing houses now occupied by the Min
nesota Packing and Provision company at
said South St Paul to be cured for market;
but that when the buildings and plant at said
! Twin City stock yards fully completed
and in operation all such meats will be cured
and treated there.
Defendants aIlege that during the time said
Shufeldt has been repairing and fitting up the
slaughter houses al said Twin City yards, sew
eral carloads of machinery and other material
have been shipped from the packing house
of said Minnesota Packing and Provision COM
pany at South st. Paul, and that the same
has been charged on the books of said last
named company to the new plant at said
Twin City yards, and said defendants alege
that none of said machinery material so
shipped was necessary for use in the conduct
of said business at South st. Paul, but was
machinery and material which was not in use
! ard not necessary to the said business at that
/ point.
| Defendants expressly deny that said Shu-
fe.dt has ever claimed or represented that the
! packing plant and property so now being OPP
/ Grated by him at said Twin City Stock Yards
! was acquired or is now held for his own use
and benefit; but, on the contrary thereof, the
; said Shufe.dt has always represented and
] stated that said last mentioned packing plant
and property was acquired for the use and
! benefit of the said Minnesota Packing and
! Provision company of Minnesota, and the
| said St. Paul Refrigerator Car company.
! Defendants admit that the said Minnesota
! Packing and Provision company is indebted in
| all dIIIOuHI 6ACeeuluS the sum OF SZUU,UVU ana
! that almost all of such indebtedness is ow-
| ing to the said Shufeldt individually. That
during the whole conduct Of said business,
| since said Shufeldt assumed the management
thereof, the said company has borrowed large
| sums of money from said Shufeidt, and it has
! been necessary for said Shufeldt to advance
| large sums from time 10 time for the proper
conduct of said business.
The reason statements of business
have not been furnished is that the
officers and directors have been wait
ing until the close of the fiscal year
In May for the purpose of forwarding
full statement. The defendant knows
| nothing of c. w. Benson's alleged
power of attorney, save that he pre-
| tended to be such attorney and de-
manded that his agents look over the
books and accounts. This demand was
refused. On the 18th of March Messrs.
! Benson, Stickney and Kellogg went
| to South st. Paul and demanded an
examination of the books, which was
| refused. They were refused as the
agents of the Union Stock Yards COM
pany, which is hostile to defendant.
! Defendant says the books and ac-
counts will be shown at the proper
| time and place. The business of the
| Minnesota company and of the Refrig-
orator company and it's property will
be wasted and destroyed If receivers
| are appointed, and the hostile scheme
! OF Benson, Stickney, Oppenheim and
the Union Stock Yards company will
be accomplished.
PAPERS ARE FILED