The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1911-03-03
SUIT FOR $500, 600 AGAINST
LOUISVILLE & NASHVILLE co.
BY FIVE g. q Y. DIRECTORS.
Violation Of Contract Charged in Leasing Read
to Iron Mountain Forfeiture Demanded
and Injunction Against Bond Issue

6 Lansden and Angus Leek, solicit
tors, being IA billin, c.aancery for spe-
cific performance and other relief
The complainants are George J. Beck
err Samuel White, Willis II. Lawson,
VIM, ]. Johns'cn and James II. Call
gan, WHO With Daniel Hartman, de-
ceased, constituted the majority ot
! the hoard of directors OF the Cairo e.
Thebes railway company; and the de
PENDANTS are the Louisville & Nas.l-
vile Railroad Co., St. Louis, Iron
| Mountain & Southern Railway Co.
Columbia Trust CO., fof Louisviile),
+. A. Smith, VIM. s. Dewey, Edward
j. Pink and J. Bruce Magee, oT6cers
and directors of the Cairo & Thebes
Co. These defendants are to appear
in court on May Sth next to answer
the bill.
The bill is lengthy document cor.
ering rs pages OF typewriter legal
cap paper. 1t recites the story OF
the organization of the Cairo &
Thehes Railroad CO.; tnat me capi-
tai stock of the company was 10000
lfully subscribed; that the stock was
transferred "ln blank" to James Fl.
Galligan to vote as their proxy and
as they might instruct him TO vote;
that on Jan. 2, 1906, the directors IN
structed Mr.. Gailigan to traasfer the
stock to WI w Thompson, treasurer
OF the Louisville & Nashville Railroa,
Co, to be held by MIN as trustee
according to the terms nnS pTov;s
ions Of an agreement between" The
lCairo 4 Thebes directors aaf l:ie
lfoaYsyfITe Y NdsHVffTe Railroad Co.,
that this action by the directors was
approved by the stockholders; thai
the agreement entered into on Jan.
?, 1906, between the Cairo & Thebes
directors and the Louisville x Nash
vile Co. provided that me natter
should construct the railroad from
Cairo to Thebes; that on completion
of the railroad as agreed upon tne
capital stock shall belong 10 ;ne
Louisville & Nashville, but in case OF
failure to complete it as agreed, TIE
stock "and MI moneys advanced to
| the first parties or the Cairo x
| Thebes railroad company, shall be
forfeited Ii is set forth that TIE
| Louisville & Nashville agreed 10 pay
all expenditures OF every kind IN
cured by the Cairo & Thebes stocn-
holders in constructing the railway:
that the Louisville & Nashville Co.
agreed TO enter into contrac; or
cause the Cairo & Thebes Co. 20 en-
ten into contracts, with the st. Louis
Il San Francisco railroad company,
the St Louis, Iron Mountain 6 South
| ern Co, and the St Louis South
| Nt0ACIh Al w SINlhb dhg OhN VI AT VI
the three roads named the right to
Jointly use the tracks OF the Cairo &.
Thebes into Cairo, upon reasorao'e
terms, sucl terms to be similar 10
and not exceediE. The terms stAted
in an agreement attacked to said
agreement Of jan 2. 1906, and maize
part thereof said contracts To be
entered into whenever application
should be made by any or all or saa
roads above named"
"Yonr orators further represent un-
TO your HONOR continues the bill,
that the said Louisville & Nash
vile Railroad Co. has failed TO keep
and perform the terms and provis-
ions OF said agreement OF Jan. 2,
1906, required to be kept and per-
formed by it, in that the said Louis
vile & Nashville railroad company
has caused the Cairo & Theoes co.
to enter into written contract or
lease with the St. Louis, Iron Noun.
tain e. Southern Railroad Co, sor the
exclusive use and operation by said
st, Louis, Iron Mountain & Southerii
Railway Co. for a period Of 30 years,
OF the railroad OF said Cairo &
1lhebes Railroad Co, the construction
and operation of which is provided
for by the terms OF the agreement ot
Jan. g. 1906, without reserving unto
said Cairo e Thebes Railroad Co. the
right to grant the use in common CT
all or any part of said railway TO any
other railroad company or cont
panies in addition to said ST. Louis
/ Iron Mountain & Southern Railroad
Co, as is required in and by tie
terms of said agreement of Jan. Z,
1906, and the agreement re-erred 10
| them"
! 1t Is recited that in the summer OF
1910 the Louisville & Nashville sub
mitted to the Cairo & Thebes iirec-
tors a draft Of the lease proposed 70