The New York herald., 1869-03-21

In the original Complaint 70 have been made BY the
thereof and or each OF the same and claims that the
said subscriptions were never male In accordance
cn the q charter OF .Dsn
doned by the said plaintiff; and deponent
further says that the piainttr never paid
and the SAID company Is advised that the pretended
tenders mentioned in said original complaint we're
insufficient IN amount and IN their character IN TINS
that by the charter Of the company no subscription
20 said stock should be deemed valid unless the sub
scrber thereof Should At the time Of subscribing pay
amount per man previously paid BY the tnen ex-
stlng stOckh0lders whereaa In point OF fact the al
wss o s 10 h
other stockholders OF the company had at that time
PAID 100 per cent upon their stock the only excep
that time been abandoned whose subscriptions were
In default and upon which subscriptions before such
abandonment b 10 most cases only ten per cent had
BY said company that plaintln did not at the time
OF such subscription. pay or tender money for any
allegations OF the fourteenth and ffteenth sections
OF the original complaint are absolutely and totally
untrue, and that the Union Pacific Railroad Compa,
ny never placed In the hands under the control OF
the Credit M0biller OF America the construction OF
its railroad or telegraph line, any part thereof;
contract whatever with the Credit Mobilier for the
construction Of Its road. as Is untruly alleged
in said complaint nor aid said Credit M06ier ever
construction OF any part thereof, except as the
agents OF contractor for q portion OF the work.
fore said pretended subscription by the plaintiff
said stock. Dep0nent further says that by far the
larger portion or the construction OF said railroad
has been performed under subsequent contracts. in
which the Credit M0bier had no part or interest
Deponent further says that the contract between
the Union Pacific Railroad Company and
Oakes Ames, one Of the defendants IN TINS
action In the nineteenth section OF the original COM
plant mentioned, dated August 49, 1867 and the
same received the assent writing each
OF the stockholders Of the Union Pacific Railroad
Company with the exception OF one or Two holders
or abandoned subscriptions and OF one other share
holder owning triiing interest, who was absent
and that thesx shares OF the plalntil mentioned In
purchase thereon BY the plaintiff were ere
trscs and the f piantf purchased the iS same anne
for such shares taken by the plaintiff were now held
by him and contained an express statement and
recognition OF such assent OF such stockholders.
Deponent further says as to the allegation in the
second section or the supplemental complaint
that the time for holding the annual election for
company, as amended by Congress in December,
1867, fixed for the first Wednesday following the 4th
the same was to Be fixed @ by by the the stocRnoid.
ers at the lass preceding annual meeting,
ana az & was % to y. be a. either either Of the cities
delphia, Cincinnati, Chicago or st. Louis; and de-
ponent says that at the annual meeting in March,
1885, the stockholders of the company resolved that
the election In March, 1852. should be at the office Of
the company In the city OF New York; that three
OF election were duly appointed to hold
said election In March, 1869, and that said annual
meeting OF the stockholders was accordingly organ
ized In the city OF New York the 10th day March,
1859, and the said inspectors attended for the pur-
pose Of holding said election, and that deponent
had no knowledge Information or belief that the said
company or said inspectors in any way threatened
or designed TO refuse the vote OF the plaintiff
tertatn any suppOstlon that he would offer vote
thereat upon the stock embraced In his said pre-
tended subscription, and that more than 100000
shares, exclusive OF said Dretended stock
subscribed for the plaintiff. were represented
at said meeting and were unanimous in their
choice for directors, as dep0nent Is informed
and believes Dep0nent further says that he has
heard read the affidavit Of Odin H. Whtmore, made
graph and statement therein absolutely false and un-
true and without the shadow of foundation in point
Of fact, saving only as to the following point VIII:
nearly all OF the stockholders OF the Union
Pacific Railroad Company are stockholders
nent further says that he has carefully read
thvt pOrton OF said affidavit referring 10 the section
is at the head Of Echo canon: that deponent was
present with said commissioners when they exam
med the said section; that they examined the same
daytime more than once; that they entered into
large tunnel then IN progress, examined 1t carefully
ton, and finally, having become fully possessed Of
all the facts. they returned over the Temporary
track laid to save time, wen knowing that sucn tenn
porary track was intended to be taken up as soon
as said tunnel and Its approaches should be COM
pleted; tnat IN making said report the said Com
issioners made full report OF facts to the govern
ment as deponent Is informed, and they did not
allow 70 the company any part or sad ~" or tenn
porary track, nor were any money or securities paid
or agreed to be paid for SAID report any pur-
pose, and all the allegations In said afiidagi con.
tanned rejecting In any degree upon the character
either OF them In respect to sal report or to their
OF said section are to the knowledge OF
deponcns malicious % and wholly untrue Deponent
James Fisk, Jr., the plaintn sworn to on the same
10TH day OF March, 1862 that the alleged resolution
now pending before the Congress OF the United
States was not prepared by SAID company or intro
duced by it to the knowledge or Information
intenton OF the company to remove its pro-
perty from this State, or an intention to evade
the Injunction OF this Court, are without founda-
information or belief; that all the remaining
3 3atements, allegations and inuendoes In said ani.
say W. Of ad FISK contained % M IN 80 far as they relate
Congress or other parties and generally IN all mat
tiers relating to improper practices by the company
as therein alleged. are wholly false, malicious and
without any foundation whatever, as deponent be-
iieyes. Deponent further says, as he has before
stated that there not and never was any contract
between said railroad company ana said Credit Mo-
ber for the building or equipping OF said road Ia
any part thereof nor Is the latter company by any
Or any bonds OF the United States. or all
or any bonds OF the railroad company, or
seeorss .ee ps0oeea srs.s o any scur,n OF al OF the
whatsoever directly or indirectly and all the alega
lions IN the said complaints aud aidavts contained
and the recital In said order appointing receiver
BY this honorable court, made on the 10th day Of
March inst, are without foundation and utterly
false and untrue. ON the contrary the only
matter unsettled or unperformed, which at
any time existed between the said two COM
panies, Is that growing out OF the agency Of the
said two companies Is that growing out OF the
agency Of the Credit Mobiller for one contract,
which contract was fulfilled and ended In l8oo upon
which there Is still balance OF account claimed 70
be due by the company but the same cannot now be
sstted or adjusted and there has been no intention
)n the part OF any one to the knowledge OF de-
ponent TO make any settlement thereof or payment
hereon at this time. Deponent further says
hat me unnecessary and annoying proceedings Of
ne plantin 10 this action evidently intended
% be disastrous In their effects upon the company
Ind TO stockholders and upon the interest OF the
)laintin himself II he be a stockholder as he claims,
nat deponent forced to the conclusion and alleges
hat this action was not commenced and u not
In good faith 70 establish the
alleged rights OF the plaintiff set forth In the COM
,laint herein. but the same brought and Is con-
nucd for the sole purpose OF harassIng the said rail-
Dad company and Its officers, and Of advising the
aid company TO the payment for the sake OF peace
n large sum or money to the plaintiff. who has no
ust or equitable claims thereto to any part there
y, and who has no Intention or wlsh as deponent