New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1859-02-18

/ tee that morning, previous to their meeting: re-
President stated that there were glafing errors IN
some Of the accounts stating that be could De able
prove that some accounts were Twice over
The 10000 dollars above alluded to, had been charged
in other accounts and that their attention had been
called to the same by Mr. Grant, and That they had
discovered errors pointed oot y MN 70 sne
the award were also proven, to Wit In the claim Of H.
Wickland. who was prosecuting suit against the
Comnanv and also 10 the claim Of y. II. and J. 8.
Brown, portion OF when o,a, ' osh ABOUT W.
Assignment, and who had served legal notice upon
our Company, not to pay over the amount to j. 3. &
i j. s. Brown.
snace Of one hour after the appearance of the Pres
\ dent and his COUNSEL amounting TO upwards OF $5O,
OO0 induced the committee to request OF the Presi.
| dent the surrender Of the orgina! Of the award
same which had been taken at the Office of the Com.
many. The President Of the Company, when re-
auested BY Mr.. J. NJ. Waskom, one OF the committee,
to give up the copy OF the award, replied, " at the
| nroner time YOU shall have it, Mr.. Waskom re-
marked that he did not wish his name to go before
| tie Community as signing document, in which such
| great errors had been discovered in few hours.
| About this time the President and his counsel were
requested to retire, which they did, The President
proceeded to an adjoining room, in which room were
4 present Gen. Richardson myself and others. Mr..
Waskom followed Immediately after, and again re,
quested the President to return to him the copy OF
the award which he had, the original being already
in the possession of the committees stating his OBJ
ect to be to make out another award correcting oil
errors The President replied, that is your OBJ
ject, and you will pledge yourself that we shall be
heard upon all the accounts to which we have filed
| objections, / will surrender it to you,
IL agree to that, said Mr.. Waskom and the
President then surrendered the copy Of the award.
Az Mr.. Waskom turned to leave the room, stepped
- "A Ts1o thnt
misunderstanding upon this subject, wish you dis
tncty to state to me- whether are to be heard on
each and all Of these CLAIMS we may object TO Z! he
replied, certainly, ce,tainiy. shall De hea'a
the room. We, with our Counsel, remained IN room
directly opposite to the committee room the rest OF
the day, prepared, and expecting TO ee summoned
by the committee, to go on with our onectlons 70
other accounts We not summoned Or oliered the
opportunity of doing in accordance with the pledge
OF Mr.. Waskom But the committee proceeded to make
second award, amounting to $l4e 1884 80 (ontya or
ference Of s7ssl4 90, between this and their 5st
award) adding thereto suspended list of OH "a
for proof to sustain the exceptions thereto, TILL IL
o'clock A. NJ, on the eth day OF February 1853. It
may not be amiss here to state, that there was an
error of 10000 dollars in this second award IN the
addition making difference between this and the
first award Of nearly 10000 dollars on the amount
Of which onethird was to be paid.
The committee, in this second award, state in SUBJ
stance that unless the of onethrd ofthe amount
as stated by them at $l4s 1884 80 towt, the sum Of
s4966l SO, be paid to them by the hour Of clock
P. M instant, that they, the committee, "beg ieare
to tender their resignation and ask to be dicharged
from the further consideration of the subject The
subject, and being greatly disappointed that the
committee had not redeemed their pledges, made
through Mr.. ]. M. Waskom, and believing the COM
trusted to them and believing that the second award
would be considered basis of compromise, with the
New Company, addressed q note to the committee,
which was delivered to them few minutes before s
o'clock P. NJ stating at its conclusion, that your
resignation is accepted and you are discharged from
any further consideration of the matters submitted to
| you, in accordance with your request"
| Notwithstanding the rendered resignation of the
committee, and notwithstanding the acceptance of
the same, and their discharge from any further
| sderation of the subject in compliance with their
own request the committee proceeded to make
third a,pard, declaring forfeiture of all our rights
and privileges. etc. in consequence of our not having
complied with the terms of their award.
We know not what explanation Mr.. J. NJ. Waskom
may be able to furnish for the violation of his sacred
pledge to the President and myself, that obec-
tons should be heard upon every account and stating
in his emphatic language, that " we should be heard
and re-heard, till we were satisfied" But must
confess, that was utterly astounded when received
the intelligence of the second award being made,
without the redemption Of his pledge, tchich con-
sidered sacred pledge of honor.
1t had been expressly declared by the Committee of
Arbitration to our attorneys who had repeatedly APP
| the claims to which we might wish to make objec-
tons. How this promise was redeemed, the foregoing
statement will show.
will here state that there were judgments and
executions, under which the property was advertised
to be sold Tuesday. the LIST day of February, to
the amount of over $4,000 and am entirely sat
isfied in my own mind, that if we had parted with
all our cash funds, that the road would have been
sold for cash. under the advertisements for sale under
executions and levy, which were to take place on
that day. TheiPresident Of our Company, under the
exercise of what we considered sound discretion de-
termned not to leave ourselves to the tender merctes
Of opponents, and was prepared to purchase the
road If sold under any of the judgments, executions
or levies, as alluded to above. On the day of sale,
an injunction or stay of sale was procured by the
New Company, on all the executions and leves upon
which the road was advertised to be Sold The law
of the State Of Texas. of December 18TH 1857, au-
thorzes, whenever judgments are rendered against
railroad company, in substance, the party, in whose
favor such Judgment is rendered may have execution
thereon directed to the sheriff of that county in
which the principal office of the company is kept.
And if the said company fail to point out other
property to satisfy said execution said sheriff may
at the request of the plaintiff, levy the same upon
the road bed track franchises, and chartered powers
and privileges Of said company, and said levy shall
be held to embrace the whole road bed, track, and
entire line of said railroad whether situated in said
county or not. And be shall proceed to advertise
and sell the same at the courthouse door of his
county, as in other cases. making the same advertise
ment as is provided by law in cases of the sale of
ana upon shtu Saie execute 10 Cle pur.
chasers conveyance of the said road bed, track,
franchises, and chartered powers, rights and prv-
leges. Hence, will be perceived the necessity of
preventing our opponents from coming into posses
sion Of any rights and privileges, to be obtained
from the sheriff, under his deed Of conveyance at
that or anu other future time.
If the statements made by Maj Blanch, late Chief
Engineer, to the President Of the Company are cor
rect, namely, that the whole cost of the last ten
miles has been but $227,0O0, then there is very
large deficiency, say, over 100000 in expenditures
wholly unaccounted for; and this deficiency can
never be explained or accounted for, without the
detailed statements of W. R. D. Ward late Sub
Treasurer, and B. A. Blanch, late Chief Engineer.
To illustrate this let US take the position of the Com
pany on the LIST Of April, 1857 AT that time Maj.
Blanch had rendered an account of every dollar OF
debt due in Texas, amounting to about $2l 500,
which was paid him in cash at New Orleans. This
amount, however, did not include some $4,000 of
debts previously reported by Maj Blanch to the New
York office, which he presumed would be settled
there. We find, by reference to the New Orleans
books that the construction account of the road
charged with the sum of $l59,175 81, exclusive of
the cost Of the iron and not dollar is charged to
this account but what is justly chargeabe to con-
struction account. If we take the total amount of
debts in Texas incurred since the 1st of April, 1857
at 1915 000 it would make the total amount of 1884,
l75 81. From this amount is te be deducted, and
which should not properly go into the construction
49,