No. 9 and equipment were moved to South Dakota under lease after the equipment was vandalized in Illinois. Over the years various people tried to get the C&S (later BN) to terminate the lease and give the equipment to an organization in Colorado. Reportedly Rocky Mountain Railroad Club was offered this stuff in 1949 and turned it down as they had no room.
Cut to 1984. The then owner of the Black Hills Central made several attempts to sell the equipment, which HE DID NOT OWN. At this point letters were written to BN region management in Denver and they were asked again to please check the records as BN did own the engine and cars.
Much to the shock of this writer, the paperwork granting the lease was turned up. And better yet, BN would donate the stuff to the Colorado State Historical Society! However, politics came into view and the state stalled and stalled; apparently fearful of what the Georgetown Loop operator would think if the state acquired their own engine and cars. So BN management waited.
At this point both Colorado Railroad Museum and Rocky Mountain Railroad Club made an offer to take No. 9 and cars off the hands of BN if the state failed to come through! After several months, the State Historical Society wised up and accepted the engine and cars and a very long process began.
All during the donation drama (which went on for about 2 years), Black Hills Central maintaned that BN had sold the train to them. The response from BN was always the same, "show us the bill of sale". Said bill never materialized as it never existed.
Eventually, Colroado had to hire an attorney in South Dakota and sue Black Hills Central. Even then it took a third party to find the missing passenger car trucks, which by then had been hidden under standard guage cars. The engine was also severely treated with various parts torched off!