The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-12-04
FIGHT TO N ONE
ROCK ISLAND SUIT
Directors in S7,5O0,OO Action
Object to Defending Two
Attacks.
TILT OVER RECEIVER

The FIRST sklrmish in the suit by stock
holders OF the Chicago. Rock Island and
Pacific Railway Company against Daniel
q. Reid. William II. Moore and other
former directors OF the railroad for
$4,000 took place in the Supreme
Court yesterday before Justice Pendle-
ton. The stockholders alleged that the
directors took the S.5O0,O0O from tho
company's treasury as a pretended loan
to the Rock Island Railroad Company
and that the money was lost because the
debentures of the railroad company ex-
changed for the railway company's cash
became worthless.
A dozen well known New York attor-
neys. representing the various interests
involved In the litigation. were on hand
TO make or oppose motions relating to
the right OF Mrs. Theresa Siegrist to
continue an action in behalf Of the
owners OF about one-ffth of the stock
of the Rock Island Railway Company to
compel the directors to account for the
$1,000, 900 lost, and also the right to
examine all OF the defendants before
trial to prove the circumstances under
which the alleged loan was made.
Point TO Receivers Suit.
In addition TO asking that the orders
OF examination be vacated the attor-
neys for the defendants insisted tina
the Siegrist action should be dropped
because after the sui, was brought a
receiver 70 conserve the assets OF the
railway company was appointed In the
Federal court in Chicago, with power to
take charge OF the company's affairs
mere. The receiver named was Jacob
NJ. Dickinson. former Secretary OF War.
An action brought by Receiver Dickinson
asking for the same relief as the Siegrist
suit was fled q few weeks ago.
Samuel C~ntermyer. attorney for Mrs.
Siegris,. wanted TO add Receiver Dickin-
son to the list of defendants in the Sic
Rrist action.
samuel + Moran Of Hatch & Sheehan.
representing Daniel q. Reid, argued
against his and asked that the exam
nation orders be vacated He said that
the defendants should not be compelled
In defend two actions. He contend.d
that the stockholders action was at an
emu as soon as the receiver was APP
pointed.
The receiver has no place in this li,i-
cation except M "A plaintiff" said Mr..
Moran. W don't want him as n CO.
defendant. His interests are not our
interests. To make him a party to this
suit Is TO sanction the maintenance of
two actions against the same defendants
for the same relief
Flights Examination Before Trial.
MIR. Moran insisted that the defend
ants should not he examined before trial
because they have practically admitted
everything in their answers that could
be obtained from them by an examina-
ton.
The plaintiff can, indulge in any
nope that these men of prominence COM
mitted perjury in their answers or hat
they Will contradict anything stated in
their answers" said Mr.. Moran.
Ex-Justice William NJ. Dykman. rep
~resenting william H.. Moore. rlffled
Lewis l.. Delafield, attorney for Receiver
Dickinson. when Mr.. Dykman expressed
surprise that a treaty between Mr..
Delafield and Mr.. Cntermyer had been
arranged, as the two attorneys sat
together and conferred frequently. MIR
Delafield said that the remark was i'm
proper. Judge Dykman said II would
be made to appear that the two attor-
neys were working together.
Wen enlighten YOU on several things
before we are through with this case
said Judge Dyckmau later to Mr.. Inter
myar.
You'd better enllgh;en yourselves, re-
piled Mr.. tnternlyer.
i've tried TO. but haven't been as
sisted by anything furnished by the
plaintiff retorted Judge Dyckman.
This seems TO be "A case where a Skin
m!sh line has been sent out by the re-
ceiver 10 determine our position and see
whether We can he driven of. Next they
Will bring up the heavy artillery"
The court reserved decision or the mo-
ton 10 make Receiver Dickinson a de-
PENDANT in the suit.