Page:The Green Bag (1889–1914), Volume 15.pdf/519

This page needs to be proofread.
472
The Green Bag.

amine the auditor's books. The right was denied and he immediately began a manda mus proceeding to enforce it. This pro ceeding was hotly contested on both sides. It found its way through the several courts, and finally at the end of two years a peremp tory writ of mandamus was issued directing the officers of the company to permit tne examination. Anderson accompanied the sheriff and saw that the writ was personally served on the secretary, the treasurer and the auditor. Anderson and his expert settled thmselves in the office of the latter official and from day to day spent their time in wading through the books of the company for the previous six years. They were treated cav alierly by the railway men; sarcastic remarks were made about them with intent that they might overhear; in countless ways they were impeded and embarrassed in their work of investigation. They paid as little attention as possible to these things and proceeded with their work with a patience and tenacity of purpose worthy of a better cause. After several months' work Anderson was able to write the following letter to the treasurer: George M. Knox, Treasurer St. Louis and Western Railway Company, St. Louis, Mo. Dear Sir: On investigation of the books of the cor poration I find a record of itemized expend itures by you as the treasurer of the cor poration during the past two years which may be conveniently lumped together as follows : Expense of securing additional neces sary franchises for the use of streets in St. Louis $31,256 Contribution to campaign fund to reelect Governor Bean of Col orado 5,000

Amounts expended to beat Legisla tors Hatch, Jones, Maxwell and Atchison, all candidates for re election and all hostile to corpor ate interests Amounts expended to assist in reelecting Legislators Dixon, Hamp ton, Williams, Lefever, Bascom, Kirby and O'Farrell, all friends of the road Amounts expended in protecting company's interests at last session of Missouri legislature Amounts expended in protecting company's interests at last session of Kansas legislature Amounts expended in protecting company's interests at last session of Colorado legislature

9,830

11,465

23,400

i/,750

14,880

Total expenditure for purposes above noted in two years $113,581 There are records of similar expenditures during the previous four years which ag gregate $206,413 additional. None of these sums appear to have been paid for legitimate arguments made before the respective committees of the several State and municipal legislatures, for it ap pears elsewhere on the records that argu ments were made in each case by retained counsel for the company before these sev eral bodies and these counsel are paid by the year for their seivices. These payments were therefore made, as I contend, contrary to the policy of the law for an improper purpose. I further dispute the right of the officers of the corporation to give away its money in campaign contributions as against the rights of dissenting stockholders. I there fore demand that these sums, aggregating $319,994, be forthwith returned to the treasury together with interest thereon to date. Very truly yours, HAMILTON ANDERSON.