The New York herald., 1866-05-17
Petition for a New Injunction Against
the New Orleans and San Fran
cisco Telegraph Company.
HOW TO OBTAIN GOVERNMENT GRANTS.
Alleged Sharp Practice by q
Noted Lobbyist.
Superior Cour,-speci.I Term.

Charks A. Secor It al u.s. Thuriow Weed ct al-This
again up before the special of the Superior
Court motion for injunction against the de-
fendants restraining them from selling transferring OF
IN any way dlsposng Of or ncumberng more than Hvc-
sixths Of the entire interest in a grant of Edwin NJ.
Stanton, Secretary of War; for the construction of
telegraph line between the cities Of New Orleans and San
Francisco The grant Of Mr. Stanton is said to be OF
great value, including transportation subsistence and
forage in constructing the line via the various forts
OF the United States along the northern boundary
Of Mexico and Texas The question, it will be
bered before the before and decided in favor
Of Thurlow Weed, but Is now brought up again an
amended complaint and several aldavits including
from Colonel John Forney Clerk Of the United States
Senate.
THE AMENDED COMPLAINT
represents that the plainf through Charles A. Secor
their agent agreed with defendants to furnish thou
sand dollars towards the formation OF the line upon OBJ
tanning from the War Department permission to constrc.
the same, and such other aid might be available that
the grant to be for the mutual benefit Of plaintiffs
and defendants that in October 1865 the defendants
obtained rauduleny and secretly the desired grant from
the War Department for their own benefit, ignoring
the rights of the plaintiffs that the defendants,
in violation Of their agreement and not regarding
the interest Of the plaintiffs providing for the same
have the plaintiffs Informed and believe offered
to SELL transfer and assign the whole Of the said grant
to the American Telegraph Company representing to the
owners OF the said grant; that as the plaintiffs in
formed and believe, the price offered by the said com
pany for the said grant two hundred thousand dollars
and the value Of the said grant much than that
sum, to wit, the sum Of million dollars; that the
plaintiffs have not in any way consented to the said sale
and unwilling that 1t should be made and that II
should be made the plaintiffs win lose all the benefit OF
the said grant That the defendants unjustly claim to
be the sole Of the said grant of Secretary
War, and refuse 10 admit the plaintiffs any interest in
control the That the plaintis have duly
performed all conditions precedent on their part in the
81 pmpnt and hnvp ulu hQpp vea1y v
and have duly offered TO furnish the Of ten thousand
dollars aforesaid toward the formation Of company for
the construction OF the said telegraph line but the de-
PENDANTS have been unable unwilling to do ythng
In that direction. That the defendants OF small
the Just demands Of the plaintiffs wherefore the plain
tfs demand judgment-1 That they be declared enti-
tied 10 onesxth OF the entire interest in the said prv
eges granted by the Secretary OF War. That the de-
fendants and each OF them their servants and agents
be restrained by injunction from selling transferring
In any way dsposing OF incumberipg any than
fvesxths Of the entire interest ia the said privileges
THE ARGUMENT.
On the hearing yesterday Mr. sidney W. Cooper coun
sci for plaintiffs aud Mr. Clarence NJ Seward, counsel
for defendants, argued the case pro and con.
Mr. Cooper, among others, read the following aida-
vits:--
AFFIDAVIT OF CHARLES A. sECoR.
Charles A. Sccor being duly sworn, deposes and says
that he sides in the city OF New York, and that he is
the father Of the plaintiffs herein that some time in the
month OF August 1905 Charles T. Secor requested me
TO have interview with James L. Pond, one Of the
defendants herein upon the subject Of procuring from
Hon. f. NJ Stanton the Secretary OF War certain privi
lcges and advantages from the War Department OF the
in MD or projected enterprise for building
telegraph hnc from tho city of New Orleans, In the
State of ANA 10 the oty OF San Francisco in the
State Of California IN pursuance OF such request depo
sought and obtained interview with said James
L. Pond n, his Office No so Broadway about the month
Of August 1865 this interview Mr. Pond
that he and hs associates desirous OF obtaining
from the War Department assistance, aid and military
protection In building said telegraph line that one OF
his associates, Edmond Green, quite impatient In
getting the necessary papers and that said Greene was
Greene we're desrous that should servo them at Wash
ingtop 10 expedite the movements Of Mr. Weed, and
give the matter such attention would get the necessary
papers from Mr. stanton soon possible; asked
Mr. Pond he and his associates had any agreement be-
tween themselves, upon which he produced written
agreement signed by the then parties in interest," which
among other things defined the interest the several
parties thereto he then and there offered interest
in the project, saying Come In on the same terms as
the rest Of u.s." told him that would serve them
behalf OF my the above painns and that II must
be understood that represented any interest would
be theirs that their interest must b. settled and
a permanent one; that could not leave my business
In New York and go on 10 Washington without fully
understanding their piaintifsD interests; ] asked
70 my going TO Washington he replied that II
would be all right, and that Mr. Green had already spo
ken and agreed with Mr. C. +. Secor; made inquiries
about Roy and Conant, not knowing them he told me
that Mr. Riley personal friend OF his 'ondsL and
would be in measure controlled by him, and that Co
only held his interest In Deponent further
says that aftcr having interview with the plaintiffs he
proceeded 70 Washington at the request OF plaintiff C. y
morning arrived in Washington I met Mr.. Pond, Mr.
Riley aud Mr. Green Of Wizards Hotel; they wanted
me 70 see Mr. Weed, who was then there and Informed
that Mr. Weed would 90 10 the War Department that
morning; after the space OF few hours went TO the
department and found NJ. Weed waiting Mr. stan
ton, had Mr. J. W. Forney to accompany me, who
stated that be was there for The purpose OF rendering aid
TO the interest represented by deponent Mr. Weed said
that the matter was OF great importance TO the public
and he thought properly represented the depart
ment would grant their request ami that " he needed
Mr. Forneys further services he would send him word
pha that day but Mr. Weed said he bad better stay
as he might need him Mr. Forney, not hearing from Mr.
Weed left TO attend to hts business the same afternoon
Pond Green and Riley called upon at my hotel and
told the matter was gong on All right and everything
looked very satisfactory they called the day and
the interest OF my sons would Be provided Tor according
to general unueEssadne on my return TO New York
saw defendant Green a my sons once nearly every
perfected and after that be informed that tbs papers
had from Mr. stanton, and that they were sas
factory Mr. Green and Mr. Riley now wished my aid 10
get . company TO construct the line, Immediately
wrote letter 10 Mr. Weed, making suggestions about
getting M the company, naming responsible men as
Trustees and calling attention 10 the interest OF my
sons; Mr. C. T. Frost was tho principal man named TO
take the lead IN the matter Mr. Riley introduced BY
Mr. VIM H. sccor 10 G l. Frost and then Mr.. Riley and
Mr. Conant were left u make their arrangements,
however stated " Mr. Green that would be ncces-
ssry for all The parties 70 nves. % M snd hs my
that be willing 70 invest money, but he feared
Riley, Pond and Conani had 10 money while these ne
for and asked what the interest represented 10
be- said they supposed 70 be sixth OF the whole
and the bass OF the company 70 be Incorporated with
capital Of 50 000, 900; my ons interest was 10 be
81 900 900 OF the stock thought that Dasmuch AZ Mr.
Green the protector OF the enterprise and had spent
time and money In getting the project be should
have larger interest In the matter than the otbcrs and
stated 10 them Green and Riey) that my would
be sas0ed with $500 900 upon the basis above stated
Deponent further says that be In the habit Of seeing
Mr. Green In bis soma once daily, and Mr. Riley very
frequently and they informed me that they were nego
tiang With other parties that the interest repre-
sented should be fully protected
AFFIDAVIT OF CBARLEs l.. pRoer.
Charles T. Frost OF the city of New York being duly
sworn deposes and saysfhat he n President Of the
Peoria Toledo and Warssw Railroad Company and
such President al and during the times hereinafter
toned; that time during the month of Sovern.
her last past Charles A. seoor called upon him he de.
ponenl At his once Ia the cty Of New York. and stated
/ 10 the dcponent that ThuIow Weed aud himself had
been instrumental In securing for company, composed
of his the said secors sons William H. secor and Charles
sccor and others, ard from the War Department II
Washington 70 build line of magnetic telegraph from
tho city OF New Orleans 70 sorne point on the Parinc
coast via the several fors of the United saic on the
borders OF the Mexican Territory and Texas and that he
the sad Charles sscor desrd IN htorcsi the dcponen'
TIT -