New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1917-08-31

NhlSu6oi NCW loTk, MARION,
Toledo, expenses ............. 3445;
Jan. 80, 1917, to April ID,
1917, trip to Chicago Boston,
Erie, Pittsburgh, Youngstown,
New York, Cory expenses 504o4
June "a, 1917, to August II,
il9l7 trip to Chicago, Pitts
burgh, Youngstown, New
York, Washington, San Fran
cisco, back again to Chicago,
Youngstown, Pittsburgh.
Cleveland, expenses ........... 425l0
Total .............. $500 p
and this petitioner further alleges
that all of said money and time was
expended by the said Ely without
any authority from the court and
without benefit OF any character to
the trust property in his possession,
and without reasonable hope that
any benefit would accrue to the said
trust property, that the said sums
OF money were wastefully squander-
ed by the said receiver on wild
goose chase after promotion schemes
which at no time materialized, nor
at any time were of any particular
value nor could be of any value to
the trust fund;
That all of said matters and things
demonstrate the unfitness of the said
Ely to be receiver of the said trust
fund and trust property and should
be disallowed and charged against
him and his bondsmen.
Dismantling Charge
g. That this petitioner, is inform
ed and believes that the expenses
incurred in the last named trip to
San Francisco, Chicago and Pitts
burgh were incurred by the receiver
in an effort to put over either one
of two deals, one of which contcm-
plated the tearing up of the rails
and dismantling of the railroad, and
the sale of the rails to a syndicate
one of which had its headquarters
in San Francisco and the other in
Pittsburgh,
That the said Ely has published
broadcast in the papers and by word
of mouth prior to his attempting to
put over this deal, or one of them,
that he would not stand for the dis
mantling of the railroad; that he
was going to preserve it for the BEN
eft and welfare of the people of
Estancia Valley, Notwithstanding
his assertions. he has, by his recent
acts, made himself a party to and
indicated his intentions of doing said
acts he pretended to criticise when
the same effort was made a year
ago by the bondhodcrs' committee
Of the Pittsburgh Trust company:
that this petitioner is further inform
ed and believes that the said Ely
expected to profit by the said sale
if either one of the said deals was
put through and to participate in
the profits thereof
The Clark Coal Company
a. That the said Ely and his asso-
ciates and certain members OF his Of
flee force incorporated the Clark
Coal company, and as such Clark
Coal company undertook to deal in
coal and to wholesale and retail coal
the medium OF said com
pany and purchased said coal from
Ralph {. Ely as receiver Of said
and the said Clark Coal
sold and disposed of about
four hundred tons of coal which the
said Ralph c. Ely, as receiver, pur-
chased from the Santa Fe Gold and
Copper Mining Company, and as this
petitioner is informed and believes
the said Clark Coal company has
collected for said coal and has re-
ceived the price for which the same
was sold, but the said Ralph c. Ely,
receiver has not paid the amount
due to the said Santa Te Gold and
Copper Mining company, and now
owes approximately the sum of $349
to the said Santa Fe Gold and Cop
per Mining company on account of
said coal.
That the said Ralph c. Ely was
one of the organizers of and pro-
moter of the said Clark Coal COM
pany, and through the medium of
said corporation in effect delt with
himself as such receiver in such coal
and expected to benefit
directly or indirectly by such trans
actions, all of which is such impro-
per conduct on the part of said Ely
sufficient as to warrant his remov-
al as such receiver.
The Office Force
S. Your petitioner further alleges
that upon an investigation which has
been caused to be made, it is ap-
parent that the receiver has increas-
ed the expenses of his office and
operating force to much greater
extent than is necessary for the
and operating of the
-oad, and as an instance of the to-
al disregard of the proper and ap-
conduct OF a receiver,
handling trust property your petit
TONER says that it is informed and
believes that an expensive dictaphone
equipment has been placed in the
office of the said receiver at an
outlay of about $4,000 in addition
20 which said receiver has two and
three stenographers, one
IF whom attends to the private work
Is we'll as the office work with the
-esult that the expeditures incident
o the operation of the road have +
increased, Notwithstanding the fact
hat the roadbed is in a dangerous
physical condition and the replace
nent of ties has been materially |
decreased and other necessary up
Seep and requirements, especially
-ailroad ties and bridge ties and /
,ther roadbed improvements have
lot been made, all of which has
'esuted in the expenditure of large
ums of money amounting to thou
lands of dollars during the receiv-
.rship of the said Ely in unneces-
ary expenses for travelling and over
read expenses, all to the detriment
IF the trust property, which has
.aused deterioration of the railroad
o such an extent as to render il (
unfit and dangerous for travel at the (