The Montgomery advertiser., 1906-11-15
REPLY OF DlMMICKS
REASONS FOR DEPOsING ROADS
 GENERAL MANAGER.
Directors of Alabama Central Railway Ask That Temporary Injunction Granted MP. stokes be Dfs-
 aOIVed.

Answer to a bill of complaint filed in the Chancery Court Saturday, on which Chancellor W. L.. Parks grant ed a temporary injunction restratning interference with M. c. Stokes in the discharge of duties as General Mana ger of the Alabama Central Railway. was filed in the Chancery Court late yesterday afternoon by the defendants to the bill. Captain J. w. pimmick. Joseph P. Dfmmick and Albert F. Wilson.
 Motions were also filed asking that the bill be dismissed for want of equity and that the temporary injune- ton be dissolved. and demurrers to the bill were interposed. The case will likely be heard by Chancellor Parks in a few days. It will be, recalled that, at a stock l holders fmeeting of the Alabama Gen. tral Railway, November 5. M. c. Stokes was busted as General Mana ger of the railroad. Internal friction in the affairs of the company was the cause and Mir. Stokes did not conceds his removal Last Saturday he filed a bill of complaint in the Chancery Court, containing a long list of slle' gations, and he was granted an in- junction temporarily by which Captain Dimmick, Joseph P. Dimmick and AL bert F. Wilson. president of the rail- way. were restrained from interfering with him as General Manager.
 In their answer. the defendants re- ply at length various counts of the. original bill and add the following; "Defendants in reply say and admit l that it was their desire and intention to remove the said complainant as general manager and secretary of the said corporation. and that they intend fully to carry out this purpose so far
 
 | that their sole motive for go doing IS | to promote the welfare Of the said corporation; that they are absolute owners of two-thirds of the capital stock of said corporation, and that l they have advanced substantially all | of the money which has been used in constructing. equipping and operating said corporation, and that the stock of said corporation owned by said com plainant has been pledged to defen- dant J. W. Dimmick, to secure the payment of debts of complainant to said J. w. Dmmick. and also debts | of said corporation to said J. W. Dim mick; that the said complainant is. as they verify believe, a man without means and wholly Irresponsible pecu- niarily. and that while he has been general manager of the said corpora tion has not filed a single voucher, since about the 23rd day of June. 1905, and that acting as said eneral mana ger he was illegally and without warrant and contrary to the bylaws of the said corporation. collected all of the freights and income of tho said corporation, collected all of the freishts and income of the said ratf road and has rendered no account thereof. except for the first four months, and that said account was nof accompanied by any voucher that these defendants, feeling a deep interest in the welfare of the said road. as they naturally should. made repeated demands on said complainant that he file his account and vouchers so that defendants could see what had become of the income of the road, but that they have been unable to obtain such accounts apd vouchers from the said mplainant Nand know. tug that he was improperly receiving the money of the corporation and eX- ceeding his authority in undertaking to manage the whole business of said corporation. and handle all tn" funds thereof, they resolved to remove him as general manager and secretary oi the company and tc depose him entire ly as an officer of the company, ami such purpose they avow is their in tention to carry out for the reasons above stated"
 The Alabama Central Railway branches off the Mobile and Ohio Rail road at Booths Station and extends nine miles through a rich timbered sectiop tC AptauGaville. The roaH was projected by Charles Fl. Scott and oth- CTS, but the controlling stock passed into the hands of Captain Dimmick about two years ago.