Railroads -- United States; Railroads -- United States -- Finance
their chances for dividends were improved. Examination of the plan
shows clearly that nothing was taken from either bonds or stock which
those securities had a right to retain. The bondholders could not, in
any case, have received more than the earnings of the road; and an
amount equal to the return previously due them was assured, whenever
the road should earn it, by the new combination of mortgage and income
bonds and preferred stock. As it was, in return for an assessment they
retained the right to participate in any future prosperity, a right
which has proved of extreme value.
The plan was underwritten by Messrs. Baring Bros. & Co. and other
strong foreign and American bankers, who assumed the liability of
paying the assessment and of taking the stock.[446] The comment at the
time was favorable. “On the whole,” said the _Railway Age_, “we do
not believe that any one who is acquainted with the properties could
have expected a more satisfactory plan than that which the committee
has evolved.”[447] The London bondholders promptly accepted the plan.
“We are disposed,” said the _Railway Times_ of London, “to regard the
latest of Atchison reorganization schemes as a praiseworthy attempt
to grapple with a very thorny problem.”[448] Such opposition as there
was came from a minority of the stockholders, and was directed at two
points: the prevention of foreclosure, and the inauguration of an
entirely new administration. It was asserted that certain old members
of the board of directors who had been forced to resign by the earlier
disclosures, had nevertheless secured the election of successors to
perpetuate their policy and to protect their interest. With a directory
so constituted, it was maintained that the stockholders would have no
guarantee of important changes in the executive offices, financial
policies, or business methods of the company.[449] Sharp criticism was
directed to a statement of the existing board which referred to the
“mistakes and misfortunes of the previous management.” “Only those who
believe,” said the Stockholders’ Protective Committee, “that gross
irregularities, if not worse, have been perpetrated ... may be relied
upon to probe to the bottom the acts of the former officers of the
Atchison.”[450] On the other hand, the accusations of the committee
were asserted by the directors to be unqualifiedly false.[451] It soon
became apparent that the opposition could not muster enough votes to
control an election, and although their fight had been begun in August,
they had proxies by November for only 250,000 out of the 1,020,000
shares of stock. Recourse was had to the courts, and an attempt was
made to secure at least a minority representation on the coming board
by the enforcement of a provision for cumulative voting embodied in
a Kansas law of 1879. This failed in November, 1894, and no further
obstacle to reorganization was encountered.
Public-domain text, read in full here on John Shaqi.
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