20 



HARDWOOD RECORD 



Kith. Yoiu- orator is informed and believes 

 and so states tlie fact to be that the defendants 

 Alarkley and Miller are removing forest products 

 and personal property from the said 288, UOO 

 acres of laud under some agreement with the 

 said International Company, and that neither 

 rhe said defendants Markley and Miller or the 

 said International Company are paying over to 

 the said San Pablo Company or its trustee the 

 net proceeds arising out of the sale of said 

 products and other property so being removed. 

 and that the acts and doings of said defendants 

 -Markley and Miller and said International Com 

 pany are contrary to the contract existing be- 

 tween said International Company and said San 

 Pablo Company aforesaid, and are depriving the 

 stockholders of said San Pablo Company of the 

 security without payment therefor: and that 

 your orator is further informed and believes the 

 fact to be that the said International Company 

 is paying dividends upon its shares of capital 

 .stock sold out of the profits derived from the 

 proceeds arising from the sale of forest prod- 

 ucts and other property aforesaid. 



17th. Your orator is further informed and 

 believes and so states the fact to be that the 

 said defendants Markley and Miller, and other 

 persons to your orator unknown, have confeder- 

 ated and conspired together to control the affairs 

 of the said International Company for their own 

 I^ersonal gains, and that said defendants Markley 

 and Miller, by reason of their being familiar 

 with the said Mexican lands, etc., are able to 

 and are diverting to their own use and to the use 

 of other persons associated with them, to your 

 orator unknown, the profits belonging to the 

 said International Company, and which should 

 be by said International Company received and 

 applied to the use of the said San Pablo Com- 

 pany until the entire purchase value is paid said 

 San I'ablo Company. 



18th. That in the month of February, 1005, 

 and following the making of said agreement be- 

 tween your orator and the said defendants. 

 Markley and Miller, the said Markley stated to 

 your orator that the contract made between said 

 defendants Markley and Miller and said Interna- 

 lional Company was of great value to the said 

 defendants Markley and Miller, and that your 

 orator's 10 per cent share in said profits might 

 amount to the sum of $i:0(f.000. and would not 

 be less than the sum of ?:100.000. 



10th. That the said defendants Markley and 

 Miller have possession of the books and accounts 

 relating to the partnership business of your 

 orator and said defendants ; that the said de- 

 fendants have refused to permit your orator to 

 see and inspect said books of account, and re- 

 fuse to render to your orator any account of the 

 copartnership moneys received and disbursed by 

 them : that upon a just and true statement of 

 the accounts of said partnership business be- 

 tween your said oratr)r and said defendants, 

 Markley and Miller, it would appear that there 

 is a large balance due from the said defendants 

 last named to your orator, in respect to the 

 business done by the said defendants Markley 

 and Miller under the contract with said Inter- 

 national Company. 



20th. That the defendant International Com- 

 pany has possession of the original books of 

 entry relating to and showing the number of 

 shares of the capital stock of said company which 

 have been sold and the amount of money re- 

 ceived by it from the sale of said shares, and 

 the amount of moneys paid out by it for com- 

 mission on the sales of stock, and also the 

 amount of money paid over to the trustee of 

 the San I'ablo Company for the principal amount 

 of said purchase price of all the assets of said 

 last named company, and for interest thereon, 

 and the amount paid over by said International 

 Company to said defendants Markley and Miller 

 on account of said contract existing between 

 said defendants, International Company, John 

 R. Markley and Isaiah B. Miller, as aforesaid : 

 that the evidence in relation to said facts last 

 abo"\e in this paragraph set forth rest exclu- 



sively in the knowledge of said defendant. In- 

 ternational Company, and that your orator ex- 

 pects to establish the truth of said facts by the 

 discovery sought of said defendant International 

 Company. 



21st. That the said defendants Markley and 

 Miller are using the funds of said partnership 

 business for their own account, and your orator 

 fears and charges that be is in danger of losing 

 the amount due him from the said defendants 

 in respect to the said copartnership dealings 

 and transactions, and by reason whereof the said 

 defendants Markley and Miller ought to be en- 

 joined and restrained by the injunction of this 

 honorable court from further collecting the said 

 copartnership ac4.ounts, and from using and 

 applying the funds of said partnership to their 

 own use; that said Markley and Miller ought to 

 be enjoined and restrained by the injunction of 

 this honorable court from receiving, selling or 

 dealing with the said 1,754 shares of preferred 

 and 500 shares of common stock of said San 

 i ablo Company ; and that some suitable person 

 ought to be appointed by this honorable court to 

 receive and take charge of the books of account 

 iif said firm and collect the accounts due said 

 firm and collect the accounts due said ,Iobn li. 

 Markley and Isaiah B. Miller under said contract 

 with said International Company, and to c<illect 

 the accounts so due under same. 



For as much therefore as your orator is with- 

 out adequate remedy in the premises except in 

 a court of equity, and to the end that the said 

 John K. Markley, Isaiah B. Miller, International 

 Lumber & Development Company, a corporation, 

 and San Pablo Company, a corporation, who are 

 made [)arties to thiJ^ hill, may be required to 

 make full and direct answer to the same, but 

 uot under oath, the answer under oath being 

 hereby waived; that the said defendant Interna- 

 lional Company may be required to answer and 

 set forth. 



First : A true and exact copy of the contract 

 ur contracts between it and the defendants John 

 K. Markley and Isaiah li. Miller, in relation to 

 clearing, planting and bringing to development 

 2tt.000 acres of land situated in the state of 

 Campecbe. Mexico. 



Second : A true and exact copy of any other 

 contract between it and said defendants John 

 U. Markley and Isaiah B. Miller. 



Third : The number of shares of its capital 

 stock issued and sold by it up to the date of the 

 filing of this bill. 



Fourth ; The total amount of cash i-eceived by 

 it from the sale of shares of its capital stock. 



Fifth : The total amount of money disbursed 

 by it for commissions upon the sales of its capi- 

 tal stock, and what if any part of said commis- 

 si(ms have been paid to the defendants John li. 

 Markley and Isaiah B. Miller, or to any other 

 party for the benefit of said defendants Markley 

 and Miller. 



Sixth : Whether it has paid any part of the 

 purchase price or interest on same of the 288,000 

 acres of land and other assets formerly belonging 

 to the San Pablo Company, and if any payment 

 or payments have been made on such account, 

 the amount cf each and all of such payments, 

 and what amount of same was applied on princi- 

 pal and what amount was applied on interest. 



Seventh : Whether any moneys have been by 

 it paid to the defendants Markley and Miller. 

 and if so, the amount of each and every pay- 

 ment, the date when same was made and the 

 purpose for which such paj'ment was made. 



That said defendants John R. Markley and 

 Isaiah B. Miller may fully set forth a true and 

 just account of all their actings and doings in 

 respect to said copartnership business ; and that 

 an account may be taken under the direction of 

 this honorable court of all and every the said 

 copartnership dealings and transactions, and 

 that the same may be fully adjusted, and that 

 the respective rights of your orator and the de- 

 fendants John R. Markley and Isaiah B. Miller 

 ascertained, and that the defendauts Markley 

 and Miller may be decreed to pay to your orator 



what if anything shall appear upon such account 

 to be due him : your orator being ready and will- 

 ing and hereby offers to pay to the defendants 

 Markley and MiUer what if anything shall ap- 

 pear to be due the said defendants from your 

 orator : and that some proper person may be in 

 the meantime appointed by the court as receiver 

 to take charge of the books of account relating 

 to the partnership business existing between 

 your orator and the said defendants Markley and 

 Miller by virtue of the aforesaid contract here- 

 inbefore set forth, and collect whatever money 

 or property may be due or owing to the said 

 defendants Markley and Miller under said agree- 

 ment with said International Company : and 

 that your orator may have such other and 

 further relief in the premises as e juity may re- 

 ipiire and to the court shall seem meet. 



May it please the court to grant the writ of 

 summons in chancery directed to the sheriff of 

 said county of Cook, commanding him that he 

 summon the defendants John R. Markley, Isaiah 

 II. Miller, International Lumber & Development 

 Company, a corporation, and San Pablo Com- 

 pany, a corporation, to appear before the said 

 tourt on the first day of the next August term 

 thereof to be held at the court house in Chicago, 

 in the county aforesaid, then and there to answer 

 this bill. etc. 



And may it please the court to grant to your 

 orator the people's writ of injunction to be di- 

 rected to the said John U. Markley and Isaiah 

 B. Miller, restraining them, their agents and 

 attorneys, from disposing of, collecting or receiv- 

 ing any of the debts due and owing to the said 

 defendants last named and the said Interna- 

 tional Company, and from using and applying 

 any of the funds derived from said source for 

 their own use, until the further order of this 

 court. Walter H. Bell. 



State of Illinois. County of Cook, ss. 



Walter H. Bell being first duly sworn, on 

 oath says that he has lead the above and fore- 

 going bill cf complaint subscribed by him, and 

 knows the contents thereof, and the same is true 

 uf his own knowledge except as to the matters 

 which are therein stated to be upon information 

 and belief, and as to those matters he believes 

 it to be true. Walter H. Bell. 



Subscribed and sworn to before me this Oth 

 day of July, A. D. lOOG. 



Winifred E. Lapham, 



Notary Public. 



State of Illinois, County of Cook, ss. 



Otto Schusterman, being duly sworn, deposes 

 and saith, that he was in the filing room of the 

 Chancery Court and personally saw the signa- 

 ture or purported signature of Walter II. Bell 

 to a certain petition known and designated as 

 (ieneral Xo. 273110, and Term No. 18224, in 

 case of Walter 11. Bell, orator, versus John R. 

 Markley, Isaiah B. Miller, the San Pablo Com- 

 pany and International Lumber & Development 

 Company, which instrument was presumably . 

 acknowledged fay Winifred E. Lapham on the 

 6th day of July. 1006, having his seal thereon. 

 Otto Schusterman. 



Subscribed and sworn to before me, this 30th 

 day of July. A. D. 1006. 



IlENBV KaPLANSKY, 



Notary Public. 



According to the testimony of his friends, 

 Walter H. Bell, the orator in this case, has 

 spent a considerable portion of his life in 

 Mexico investigating timber and agricultural 

 properties. His aforementioned friends tell 

 very good stories about him. They say he 

 is a man of good judgment on the value of 

 properties of this kind; that he is industrious, 

 truthful and plays fair; they also say that 

 his ideas are somewhat visionary at times, 

 as would naturally befall the opinion of any 

 man devoting his energies to promotion enter- 



