The New York herald., 1869-01-04

and facts Will protect the interests OF the COM
ernfnent granted In its favor from diversion from
the purposes defined by law.
and properties Of this company-which was nccr-
p0rated and formerly known by Gh0 name OF the
Leavenworth, pawnee and Western Railroad Com
organizations or boards OF directors.
Certain persons. who IN Kansas were lawful drec-
tors Of the company. sufficient IN number TO constl-
tute quorum, assembled at Q hotel In st. Louis,
and one OF them say Doe) presented to the other
which was accepted, and John ID. Perry chosen
director 10 I'LL the vacancy.
The resignation OF Doe was then accepted and MS
vacancy flied by another OF the Perry party,
and In like manner SUFFICIENT other vacancies were
the
corrupt arrangement OF winch these proceedings
constlsuted part and which ~ would vsste them.
from the charter the stockholders to an vacancies
in any event or manner. The meeting was not held
upon any customary day OF directors meetings nor
pursuant to an adjournment, nor was 1t lawfully
called.
Neither the charter nor the stockholders author
ized were cognizant Of q meeting OF directors to
BE- held Ct St Louis Or out o. % the Ssas q
Perry board elected Perry vice president OF its or
troll and manage the AFFAIRS Of the company in
various ways from the time OF Its creation. and
therefrom dates the commencement OF tne Tdvai or
the government In the dispensation Of is subsidy,
the true and lawful representative Of the company.
The resigning directors upon their return TO Kan
sas-the domice OF the corporation whose interests
had been delegated to them directors for manage
arandizement tnat their ST. Louis pro-
ceedings were void and treated them accordingly by
directors of the Company and as such doing acts Of
potent influence and effect IN further invaidaung
the preensons Of Perry and associates as directors
In conclusion have to assure you that the decla-
ratons herein made cannot be successfully contro-
verted as we shall be prepared 70 establish waea
until then we shall continue most earnestly yet re-
spectfuy TO protest against and resist any adudca
ton Of our rights prejudiclal to our interests
EDWARD LEARNED.
Mr.. Learned also states that his company were IN
lawfully dispossessed OF their road BY force Of arms
by the Hauett new organization. and submits the
following under the head OF EXTRACTS from Written
Statements OF the late Samuel Hallett":-
MAY II, 1861 have taken possession Of all the
works and tles-al BY force-and shall keep them.
| No time for long recitals. Ihave nearly
| AUGUST is. 1s63.-I have had an awful row with
Carter-a battle the works and sharp pitch In"
to get possession. We drove them back and into the
river until they cried enough s. s. Sharp, my fore
man section No. l, led Carter to the river bank by
s and eapecs ar Steele as sSa
| with rcinforcements. Let them come. We Will put
them into the river next time: We have had 70 use
| strong force, quick and bold. We have taken all
their ties, houses and works, and shall hold them
This Mr.. Haiiett it win be remembered, was shot
dead in sdifncultyn with Of his own men about
| the road. The particulars do not now remember,
nor are they pertinent. only mention the subject
to show that the spirit he invoked and encouraged
| cost him in the end his own life.
AFFIDAVIT OF u. r. MEADE
District OF Columbia, Washington Citg, sS.-Edwin
| r. Meade, being duly sworn deposes and says
in the city OF New York. and is acting as such for
the railroad organization OF which Edward Learned
is president and has been for some time familiar
|
Pacific Railroad Company, Z. D.; and deponent
further says that ne has read the statement Of said
thereof and that the same s true OF his own know-
edge, except as to the matters which are stated on
information and belief, and a. to these matters that
he believes the same I; that concerning many Of the
things stated in said paper signed by said Learned
other things that his knowledge Is derived either
from examination Of original documents or admis-
' sworn to before me this oath day Of June, 1906
LOUIS SCHADE, Notary Public
=. r. MEADE TO THE PRESIDENT.
To His Excellency ANDREW JOHNSON. President,
slR-Respecting the matter Of the appointment OF
commissioners under the Pacific Railroad act. or 90
much thereof Is relates TO what is commonly known
the Kansas Branch, and also respecting the report
based thereupon desire to submit the followIng:-
| First-The gentlemen represented by John r. Usher
board Of Directcrs Of the Union Pacific Railroad
Company, y. D., formerly known az the Leaven-
worth, fawnee aud Western Railroad Company, nor
| company; and all pretensons on their part to the
control o. It's franchises properly and privileges are
predicated In fraud aAd violent usurpation. =
have the honor to be your obedient servant
/ II. r. MEADE
EXTRACTS FROM AN AFFIDAVIT BY R p. @. WILSON,
| A DIRECTOR OF THE COMPANY.
| State OF Kansas, Ledcen,c0r1h County ss.-R. p.
G. Wilson, being duly sworn dep0ses and says that
at the reorganizaton Of the Leavenworth, Pawnee
| and western Railroad Company, s1n the year 1860,
he was elected director of the same and has been
continued In that CAPACITY BY the stockholders
the name Of said company having In the meantime
been changed to that Of the Union Pacific Railroad
9. Stone was n empowered s 6y "H~ ne COMPANY
the Eastern cles and enter into contracts for
its construction on said line; In pursuance Of said
duly vested authority General Stone made contract
steele Co. on the sth Of september, issa, and on
company. In short time after this Messrs. Ross.
steele Co. arrived 1t Leavenw0rth and began
WORK % on the road; subsequently to thus several Of
themselves the largest proportion Of the stock be-
came restless under the Ross Steele Co. contract,
the same, believing that they could DO better in fu
ture for their own interests In selling the fran.
ally did An arrangement was made % with R alIcts and
Fremont the contract OF Messrs. Ross Steele 4 Co.
s s r sn, ssSn ss Ss W., s
sac 5y ~ the aforcmeniicncd gentlemen e Ha,lett 4
Of the military proceeded to drive Messrs. Ross,
steele 3 ca. nom the line Of The railroad. Though
this amant had generally participated in the meet
tnrs OF the company no was never aware OF any
or1cia expression OF dissatisfaction by the board
with Ross Steele Go. M TO the attempted sale OF
| partook altogether OF q speculative transaction
on the part OF those engaged In it. WITHOUT reference
70 nything else than the getting money OF the
AFFAIR. Matters 40 continued until February, 1884
when party OF the directory repaired to st. Louis
| Mo-, and made third effort In the matter with
Perry Co., OF St. Louis, who thcreupon endeavored
to seize upon the franchise and since that time have
presumed 70 be the company. IL seemed 10 be gene
rally conceded that the directory had right to 20
rom state to state and hold meetings, especially
| when there was no adjournment to another state,
anu a. the 81 Louis affair was regarded by ma
1orfty OF the board at that time farce ana fraud
upon the company, who paid no attention whatever
10 the st. Louis meeting: but majority OF the board
| composed OF Samuel Denman, J. G. Stonc r. II.
GruDer, Amos Rees and X. r. G. wilson continued