New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-04-06
THE PACIFIC RAILROAD CASE.
SUPREME COURT-SPECIAL TERN, BEFORE
MR. JUSTICE BARNARD.

|
Railway Company. Mr. Field, at the opening OF the gu,
preme Court stated that various motions in this SUIT n
been adjourned to-day but the reference In AID OF e
was still unfinished He asked that the motions oo "u
journed for two weeks, and that in the oraef Vi
should be provided that the minute DOCKS
abe Directors Of the Company should be produced peoe
the referee. -, A., |
Ex.Judge Allen then read an afadavit OF which the
following is an abstract
CITY AND COUNTY OF NEw-IoRK: o3SeS nm huo Sd
Kfockholder and Thomas G. Durant, john IS Ahef
new Dillon and Cornelius s. Bushne arectots VI ,hs
Union Pacific Railroad COMPANY S SSG for himself depose
and says that he has heard read the ,s and
and second fPa to the six shares
stock OF the Union Pacific Railroad company at
pSrns the progress Of the work contract made
which to be binding unless assened 70 anu SSse
armed by the stockholders; it was approved Oy teso
1tockholders Fisk became the purchaser from party
who had assented to the sad CONTRACT ,v st against
he Company OF shares Of said STOCK oi ii me
or the same a certificate upon which DL %ss
plainly Endorsed legal notice o, nnv complains
has other stock IN said CorporauSn isip from
eTeG 9ST any c snbseppon claimed to be invalid
that the sole object of the plalntn was ov which
Ssy we're not legally liable to pay order 70 % tbe
heir peace and order to prevent eas and extraor
binary proceedings Of the plaintiff ID that Fisk in
likely to produce sidney po Wss made for other
parties that he sent person to Che9 and he rendered
ther SUBSCRIPTION TOT md exenses his employers Of
sl So which damn them they retase s az PSS send
an SeeSt 10 Chicago John b Alley says FISK t0la
hum made t THIS PAID Counsel and Incurred
other expenses amounting 10 ABOUT $500 and
t9 9SSIy benefit Ss that they ought to paid
the BILL they were so damned mean tneS e WHAT
could do that then raised my price to $4,000 and as
sy %O mid PGi hey S' don't ascede to
20 them until they have been daegee ShOSSn saws Fs
told him he brought the SUIT because his principals naa
paid him certain expenses and said d nave 0na
yOu settle with the papers are maze o Psc SfS
RsToad and he Viii he appointed "a parte before two
o'clock tomorrow. Thomas c. Durant says that FISK
wsco 1 and Crane that Fisk within few moments
subscribed for 5000 more shares Ior uS TnS have
been refused; that be then went through 1.-THE the
DT the OF same checks And depOnent further says
That said checks were then handed back by Fisk and the
S ra % SS To- the Of
n payment Of M further subscriptions by 9tneT parties
Of any money whatever and without even going through
sSc W we're HonSy made to the fOcS Of the
on the basis alone s o. ias nts9est as
oressiG ali Of said pretended subscriptions GiPUH05s
H S SH Sp SNm as Ia tine s6c
tions 40 made 6y said Fisk for this depOnent and his
sssSSaTSs amounting to over
made st about the same % sre the same manner
etpsSa by the COMPANY for the same cause, and the
ssye 6 DeE eTon SGsn to se8d friend Of %
Chicago to subscribe for STOCK t9aS - tne h ues
IN FsEs name and gave in payment draft which was
rejected by the Treasurer therefore Fisk has only SIX
that he has paid the sum Of $500 or ANY any
with SAID subscriptions which be falsely alleges to
the es1ss Of h present o. e aSd
charges wholly untr9ei the material alegs9hG 6S
oontanea RoOsTer Tas spponted by this Court are
false, malicious and absolutely untrue; the aver;
9s sa " Mdr IN Of f' RSe xn So
Pacific Railroad Company and or in avr ssSSar 70 20
S sa S tSs Greats So6er for the Of
q any a 5t egs are O MhS S
. small portion OF the road was assumed by the the
advanced to the Company large sum ,-,S Of
BALD Snd Se whce Of the Credit MobeT
81 America with the Union Pacific Railroad Company was
by the confactO in the year 1885, and from that time
tie present the Credit Mober Of America has had no
eher for the building or equipment OF its road or for
o. s S be
Of them in this action as to any other or derent
D. and are false and without the semblance of truth
THAT Its organization 1t has paid to its stockholders
present assets do exceed its original capital that
G $ e the S OF WSf on o the 9e II the
some 60 Or 20 that the Directors Of the Company
and now represent over twohirds OF It's whole oaPite
stock and that when the contract was made under which
tic rst aI miles Of the road constructed there
no railway connection for the transportation OF
sities Of the road Contract was made by the
press copsent Of the stockholders that contracts,
n nofe On GSei in the Interest," Of the
United states put IN thst OF tnS 1 SOn1nO1-
That in some cases when the Government OF the United
states allowed subsidy Of t39O per mile only for grad
sctOr expended for grading alone over 10000 per
ssSy built, and Wen equipped. and both respect.
Tar better than most railroads built daring the past
sOod contracts could not have been made with any
erson outside Of the stockholders Deponen further
Of one Henry NJ E. Comb against the Credit MOber of
America In far as they conflict with the foregoing
statements are erroneous and untrue in Facilitated
Er Allen thought on these facts the whole complaint
MI stonghton aid not know why such an affidavit
should be read motion TO adjourn The first part OF
,se second. 'V With Whltewashng Of the trans trans
actions between the Union Pacific Railway and the
cation Of these facts and taking the testimony OF
these ocers who were anxious to tell everything II
they should establish not only what they had Ba but
they had intended to be understood, he would be
"Is de n to the Attention Of the coS
% certain matters; q motion 10 postpone had become
unable 70 eOnclude the investigation committed to him,
and the cause Of the inability was the action OF the de-
nSoS SeS ooSd SSc sE 's are soa SSee ss conn
whom they Kept In NewJersey; Durant had avOwed as
inner safe also locked by combination which was Kept
secret and which they sand wond take several days to
removed the principal part their property ont Of the
state TO evade the jurisdiction Of the Cort the fasty
Of their statements in many matters already an
parent from the opening OF the first safe they said they
had books OF the Credit Mobher books the Credit
Mober found in the safe; they said the Credit
Mober but the guasantor Of build the
road TO the Tooth meridian, Two Of the six books were
been received by the Credit MObller on a contract
beyond that point Their memories short to the
nnhar lOOk in hair