New-York tribune., 1869-03-22
THE COURTS.
u,,r UNION PACIFIC RAILROAD.

dv before Judge Barnard, the case u SJ,er ot
anst the Union Pacific hsU tw" motions made by the
oaInttT The 0s MAS WI up on Or bc purpose Of having Mr.
Thomas D1irant the YicePresiuentO Of the Un'"n
Road punshed for contempt In refusing to 10 s"o , "
fore n referee Judge Barnard decided tR'' 'e 49,
aapt had not shown any intentional cortenl VI
aud bo vould not therefore punish him Dut tha i7 mus
, Nts ,est,mopv now. Mr. Tracy counsel for deieh'
S,pt coutegded that there was law or authority io
such an examination, but his ohectloh was -,
Mr Durant was then sworn and proeeeuou ~ 80
testimony, tho substance OF when Is suc'inV''S -
his affidavit printed below 2he examination was '"'ii
adjourned till today r.u.o,s
Mr Field then called up the main question: ~ uppe"iS
that on Thursday last an order was made dy mr. Jusoe
BARNARD er parte appointing Wm NJ ISeeuJ Jr1 heooI'o
ofa the property of the Credit MObler IN this etae'
and os tho complaint and afdavs gave reason 10 DC
heye that the bonds Of the United States ana the fS
Mortgage bonds belonging the Union Pacific Railroad
Comnauy were 10 be transferred to the Credit Mopier
be was also made Receiver Of the bonds belonging 10 ha
company Tho order being made er parte was oiy un'i
heurther order of the Court, and the order 20 sno"
cause accompanying it made returnable the next
dav Tho previous motion being disposed OF MT fleu
called mp this motion. and asked that 1t be az once COIL
Sdered. ,..,,. ,,, oe9do,,, q, Receiver
Tweed was read setting forth substantially hat he hau
called at the ofce of the Company (wleh ne was IN m
formed also the office OF the Credit % irtb T
office of John j. Cisco, the Treasurer, ana az te
National Bank but at of these places Sou1 n III s
tain the assets of the Credit MoDier; az 'no Damn '
was refused information as TO the amount: -. =, -.
Adm H. Whitm0re affidavit is to the ehect that ne mas
reason TO believe that the Credit Mobier has had entire
eSaTge NJ The construction of the Pacific Railway that
the line has been heightened by long unnecessary oS
sidy: that the road has been bulls and run ID
such reckless and imperfect manner that OF lSO loco
motiyes over co have already become useless, party
from their own original defects, partly from the de-
ieetve manner in which the track & is ala gGS pITb tba
the Credit MOber in equipping sald ROAD anu dn 8
IN tbe main Of members Of tie Credit Moher; that the
DrectorS of the Union Pacific Railroad Company have
made contracts with certain coal companies, formed by
themselves aud in which they have the prhclpal IN
tercst for the supply Of very large anany OF & DO M
the use of said railroad company during tne next me
years. at aboat double the price iGG H %UH "neD mar M
ket deliverable IN the same place; ana tn9 ey nave . u
So oa aud otHer material from themselves double
prices that large number, II not all the directors o
Credit Mobilcr, and directly Interested IN tne
contracts by and profits accruing to, the said
amount Of stock hea by them IN the sad TTGaa O0n SO
that the profits OF the Sad CeG @ od
company are not than $60o5 per mile, ranging upon
ts crcptsnee OF one of the recent sections of said rail-
road the sum of $4,000 paid by the directors OF said
company to SIM United States Commissioner to pro
cure him to sign the report approving said section thai
said section included about ten miles on which there Is
NOT a lie nor rail laid, and upon which the SAID Com
pany received s4sOOOO Government subsidy, ana were
bonds that said Commissioners taken around
said section Of ten miles on what is known among t
at night 10y said Company that the taken over
said az grades OF over 200 feet to the mile beng
~ hauled mp and let down by means Of ropes . ,
The aday. OF James FsR G after al a9W an9s G PSc 20 sS
Railroad Company to remove Of the jursdc
on NewTork Courts sets forth his belief that the In
Of fTeT the ced Pt fe sOber from this State spite
@HcST Fsd nd 81 fss s onS %S IS used for
purposes that nu uber OF members OF CoSress Have
blier Continuance Of its present control over t9e Union
Pacin Company
expended within single s year r nm, staes Sf6Pes
t5oyernment and that millions OF dollars have been
given to such members and officers brbes IN an iDdi-
sage OF the bin aforementioned by the House Of Repre-
sentayes have given to certain % 81 ems con
Durant President Of the Company, denies the pnr
chase Of 10000 shares Of stock by the plaintiff;
that rs to the four subscriptions Of 5000 shares eac
alleged in the original complaint to have been made by
sach Of the same and claims that the subscriptions
never made in accordance with the provisions OF the
doned by the plaintiff and depOnent further says that
s aT nnd Rd e Company amy that the pre-
tended tenders mentioned In original complant were
that by the charter Of the Company, subscription
TO stock should be deemed valid unless the sub
amount per share subscribed by him equal to the amount
per share previously paid by the then existing stockhod
by the plant in hS complaint Of 55 per cent only
when all the stockholders Of the Company had at
cepon being the part Of those whose subscriptions at
i'm default and upon which subscription, before such
abandonment in most cases only 10 per cent had been
paid and &c IS and in like manner claimed by said
Company that plaintiff did not at the time Of such sub
scrptiOn pay or tender money tor a., any part of me
the fourteenth and fifteenth sections Of tho original
complaint absolutely and totally untrue and that
the Union Pacific Railroad Company never placed In the
hands under the control Of the Credit Mobiler Of
America the construction OF its railroad or telegraph ne
any part thereof, nor did the said railroad company
ever make contract whatever with the said Credit
MOber the construction OF its road as untruy a.
legged in said complaint did said Credit Mobiier ever
have anything to do directly or Indirectly with the con-
structio Of any part thereof except the agents Of
contractor for portion Of the work. whose contract was
fulfilled and executed, long before said pretended sub
scIptOn by the plaintiff TO said stock Deponent fur
the that by far the larger portion OF the construc
subsequent contracts in which the Credit Mober had
part or interest.
The affidavit proceeds to give detailed history OF
the late election whereat 10 IS stated 100000 shares OF
stock were representcd emphatcaly denies the state
mepts made I'M the affidavit Of Oden II. WhitmOre,
nartcuary thar relative TO the conIyance OF the Com
mssiorers and the story Of the "Z OT temporary track
and continues thus Deponent further says that he has
heard read the affidavit OF James Fisk r the plaintiffs
alleged resolution pending before the Con
Of the United states was not prepared by sad Com
iOn dOnent thar the statements as TO the intention
Of Company TO remove ts property from this state or
intention 10 eyade the Injunction OF this Court are with
out foundation far depOnent has any knowledge
formation, belief that all the remaining statements
allegations and nnuendOes said affidavit OF said Fisk
contained In so far as they relate 10 the secret service
brng tbs members OF Congress other parties
and generally In all matters relating TO improper prae
tces by the Company therein alleged are wholly false
malC lous and without foundation Whatever as de-
ponent believes Deponen1 further says that the un
necessary and annoying proceedings OF the plaintiff In
this action evidently intended TO be disastrous in
their effects npon the Company aud to stockholders, and
upon the interests OF plaintiff himself II he DO stock
holder claims that depOnent is forced to the
cusion and alleges that this action was not com
estabiIsh the alleged rights OF the plain
tf set forth in the complaint herein, but the same
brought and continued for the purpose OF ha
rRssng the said Railroad Company and its officers, and