The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-06


read ~ the secretary OF the Board. That finally
motion was made and adopted accepting the pro.
test and ordering it to be placed on file.
n, Tnat the statement in the joint affidavit of Ames
r msGs ny the plaintiff at the said meetingn
mage hs as this deponent verify believes, to mislesd
sion ~ convey the impression that the protest
IT, ana =. ~ TO the Coard any action taken
| Its contents. "
!; That prior TO the commencement Of this action
ing Of money, were made by the Union Pacific Rail
Tass Ss Sssa snS nss y ne Great
credit SO far as making loans BORROWING money
Railroad az weps made Dy the
ties, except In one or TWO instances in which in.
stances the securities Of the Union Pacific Rairosd
| Company were used as collateral, and were tho
That in no instance In the history Of the road,
| prior to the commencement OF this action, within
| the knowledge OF this depOnent has the Credit
Mobilier borrowed any money for tho use OF the
railroad on its own credit, and without the credit
OF the Union Pacific Railroad and Its securities as
| collateral.
to the one hundredth meridian was s7l5o,0OO,
distance OF 246.72 miles. That the contract price
for the same was $50 600 per mile being sl2
That the credit Mobiier has already received
struction to one hundredth meridian. slo.OOOOo0.
the Union Pacific Railroad ST. 100000 in land grant
bonds, at eighty cents ON the dollar, has been &C
ceptea By the COMPANY watch when
the Union Pacific Railroad in the sum OF about
g. 400 ooo with profit on the portion Of the road
from Omaha TO the one hundredth MERIDIAN OF
That this statement exhibits the utter falsity
OF the pretence that the Union Pacific Rail
road is in need OF assistance from the
its road and has its securities west Of the
one hundredth meridian to sell, which are now sell
at asas
penses making 1t perfectly independent OF the
Credit Mobier, SO lar as any necessity Is con-
Deponent further says:-In reference to tho allie
cation in the joint afdavit OF Messrs Anes Dillon
MT been done under the Sirection Of the said
plaintiff but committee was appointed ae to take
that II the said afidavits meant comaittse Of
the Credit Mobilier, consisting Of bufaht Dun and
Dillon, as Mr.. Bushnell subsequently testifos be-
no committee Of the Credit Mobilier had any right
Or authority over deponent acting as Vice Pres-
road, and said committee was appointed by the
Credit Mobilier after the construction OF ffty.hve
mittee, to Interfere in the control, management or
| affairs OF the Railroad Company.
% 1se ont N Of Msssr sas S
and BUSHNELL as to the resolution passed by the
Board OF Directors. on the oath day OF November.
1885, on the eve OF the departure OF General Dix for
Europe, that the resolutions, as passed on hat 0c-
NEW YORK. Nov. %, 1866.
| ADJOURNED MEETING.
Prescnt-Ames, Ashman, Bardwell, Cook Car
Mccormick, McComb, Sherman, Tracy, futile, VIII
| liams, Cisco and Bushnell.
Mr.. Williams offered the following resolution,
Resolved Ihatthe proper executive officers proceed
ties Delivered points the line & hs
ss es s s
ever such general contract shall be made.
NEW YORK, Nov. "a, 1866. .
| puranQnt adiOnrnmeDt the Beard of Directors
All the members prcsent-President Dix in the
chair.
The President made an address to the Board. ana
took leave Of the members on his departure for
Mr.; Williams offered the following resoutions,-
which were adopted
@ re BE SI .
TSaa s To- n 81. q % % ss
a sdS such proposal 70 include SIX cent Of sdnss
three mile post 70 hs
@ 8 sn$ %,ss SSs
the %s
stated separately Tor each general division Of such
to the Of transporting iron the finished
ResOves Thas until contract be tn.
Sne e tine ne an hSas ree nsS
anti the cost to be charged to
Mr.. Williams offered the following resolutions.
which were ad0pted:-
Whereas it is incumbent on the Board, to whom Is
its resources with The utmost economy in every depart
building the It's
tng the grading on puzzle notice and with free cSmpe
Of Contracting sompshy Of aPss
p Be
consider the Of proydng funds
hTst %ortgase bonds meet promptly the ensseers'
Ing and tie contractors the expense reish: &C.
That the foregoing resolutions are true and cor
meetings of the Board Of Directors, as the same
are now recorded in the books OF the company.
That no reference is made in said resolutions to
alleged; but 1t was intended, and the resolutions
aforesaid were passed with the intention that tho
Railroad Company, and not by the credit Mobilier,
as the resolutions themselves clearly show.
afidavit, omit the words by the company which
are in the resolutions as passed.
Of the resolution Of March l, 1867, mentioned In
the complaint, the vote was not taken BY yeas and
seGuently the record Of the meeting does not show
who voted against the resolution; but that MEM
informed by deponent that he would not vote for
the resolution, because, among other reasons, the
road had been constructed, to his certain know
| LEDGE at much less cost.
Deponent further says that, after the Union
Pacific Railroad Company was organized the
menced by the company without giving on.
any general contract therefor, and was carried
on by the company in that manner upon Its own
account, and until August 8, 1854, when the COM
pany made q contract with II. M. Hoxie for the
construction, completion and equipment OF tho
road for distance OF 100 miles next west Of
Omaha which contract was made on the part OF
the company by special committee OF directors
appointed Tor that purpose, consisting OF John A.
Dix, George T. M. Davis and Cornelius >. Bush
nell, which contract was made by proposition in
writing, and an acceptance thereon IN writing
dated August 8, 1864.
That said contract afterwards, on the 4th day OF
October, 1854, was EXTENDED so as to include the
whole line from Omaha to the one hundredth
meridian being in all about two hundred and for
ty-seven miles, OF which contract and extension
agreement o copy Is hereuntO annexed.
Deponent further says thptthe> work OF con-
struction OF that part OF theFoad included in said