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

70 the matters therein stated on information AM
and IS 70 these matters as 9seyss 4 e
sworn to before me this 22d day Of January
ls61.-WILLIAn SuTPHEN, Notary Public, New Yorl
syPRExE CoIRr COUNTY OF NEW YoRK-Thoma
Q. Durant plaintiff, vs.. The Union Pacific Railroad
CITY and County Of Neto York, ss.-Thomas C
Darant being sworn. says that he is director @
dent thereof and has been SO from the organiza
ton thereof and he is also largely interested In the
Credit Mobilier OF America mentioned in the com
PLANT; that deponent is well acquainted with al
the matters stated In the complaint and knows
the same to be true and that unless an injunction
Union Pacific Railroad Company viii be subjected
to great loss and its means wrOngiully wasted by
carrying into erect che r said TssoptSns
Sworn to before me this ed day OF January,
lS67-wILLIAM SUTPHEN, Notary Public, New York
| SUPREME CoURr, COUNTY OF NEW YoRK.-Thomas
Company, acknowledgement by order.
IL appearing satisfactory to me by the AFFIDAVIT
SrTmSmas G. Dnrant the plaintiff that suticent
hereby order that the defendant, the Union Pacific
Railroad Company, and oil and singular the direc-
tors officers and agents OF said company do abso-
lutely desist and refrain nom settling with the
Credit Mobilier 81 ADerica for constructing, equip
ping or completing afty-elgDt miles OF the railroad
| Of said company, lying between point 247 miles
west OF Omaha and point 800 miles west of
omaha, or any part thereon, at $50 600 per mile. or
ton Of said dftyeight miles, or any part thereof
to Herbert N. Hoxie or to the Credit MobileY. Of
Sr or to any party Or pc son representing
under or by color Of q contract with said Hoxie,
and from extending the contract with said Hoxie
from acting upon, enforcing or Carrying into effect
certain resolution adopted by the votes OF Its
directors January g., 1867, and mentioned In the
complaint in this action, until the further order Of
TINS Court; and In case Of dlsobeAtence, to this
order the persons so disobeying viii be liable to
the punishment therefor prescribed by law.
GEORGE G. BARNARD, Judge Supreme Court
JANUARY %, 1865.
That on the day OF the next meeting OF the direc-
81 sag re sa ohcr
directors Of the company, and by their request re-,
framed temporarily from serving It. That at said
meeting depOnent presented to the said Board q
written protest, which was read to the Board and
entered at large on It's minutes, copy OF which
protest is hereto annexed, marked schedule ''K."
To THE BOARD OF DIREcroRs OF THE UNION PA
CIFIC RAILROAD COMPANY;-
GENTLEMEN--I protest against the passage Of the
resolution appearing on your minutes as passed
January s, 1867, purporting to treat and consider
already ompleted-namely, 3O5 miles west Of
Omaha-and authorizing the officers OF the CON-
pany to settle with the Credit Mobilier at $4,000
per mile Tor the additional hftyelght miles, Said
resolution was moved and adopted while was
absent from the meeting OF the Board on necessary
the ground that said 1ltyeght miles have been con-
structed at much less cost than $50,0.0 mile and
nave Deen accepted by the united states govern
ment as complete, and that 1t was not constructed
under the Hoxie contract, and that a considerable
portion OF the cost thereof had been paid by the
| company before the adoption OF said resolution,
and that said resolution does not provide any CON-
pensation or advantage to the company by requIr-
ing stock subscriptions or stpuatOns Tor the con-
struction of additional portions OF the company's
railroad, or by any other means or stipulations
whatsoever, but leaves the company to sustain
| very great and unrequJed loss Respectfully,
| yours, THOMAS Q. DURANT.
That after the reading of said protest said Bush
| mol nItn rod tinn nin1 GniI tIo
| OF January 8, and the same was adopted, ana IN
| consequence thereof said summons, complaint and
Injunction were never served.
| That on the same day proposition was received
from Mr.. j. NJ S. Williams (acting on behalf Of the
Credit Moblier for the construction OF the road
! from the Tooth meridian to the Grow Greek Cross
! ing, base of the Rocky Mountans, distance
OF 261 miles, for 100000 per mile, OF which PROPOSE
ton copy Is hereunto annexed. marked schedule
| SCHEDULE L.
NEW YORK, January %, 1867.
| Regular monthly meeting, Directors Union
Pacific Railroad Company. Present-Durant,
meE Ssi Don Soos A Garter SHEER
Mr.. Carter, Secretary of the committee appointed
October Q, 1866, submitted proposition In relation
to construction OF the road west OF the Tooth
meridian, VIII
T. j. CARTER Esq
to s the end a e %s4n vi.
longitude 70 The base q he Rocky Mountaias Grow
% to Be- aaY
Also that he Company ""S
R FOR
agreed upon Yours very truly Ilyyit,N n w1,Y.ys
P. ST. agree to furnish suitable guarantees. ''
j. NJ. s. WILLIAMS.
SCHEDULE NJ.
Directors Meeting Union Pacific Railroad Com
pany. Mr.. Bushnell reported
TO THE PRESIDENT AND DIRECTORS OF THE UNION PACIFIC
GrsTlFSEs~Your committee appointed to receive pro
the accompanying proposal from Mr. J. NJ. s. Williams
A.a ''eOA''''AN ''' a q. 5. BUSHNELL, Chairman.
| New YORK, Jan. Is, 1867
Mr.. McCOmb moved the acceptance Of Mr.
Williams proposal, and that the contractors to be
paid in cash cash assets $2S 900 per mile 5000
| per miles in land grant bonds ut such price as
| may be agreed upon between the contractors and
the company-the balance Of $4,000 per mile in
full paid stock Of the railroad company at par,
reserving out of this sum as security 81, 500 per
| mile to provide ample equipments satisfactory to
| the government commissioners, on which the
ayes and noes being called, was adopted.
A motion was thereupon made and adopted
accepting said proposition, with certain modifca-
tiOns including the reservation OF $1,000 per mile
equipment, OF which resolution copy IS
hereto annexed, marked schedule IN" That said
resolution containing both an acceptance OF the
proposition and the proposing Of notifications
thereto, was SO put that deponent, supposng the
vote was to be only upon the Modification reserv-
ing $500 per mile for equipment, and not upon the
acceptance OF Williams proposition or the other
notifications thereon, voted ay, while deponent
well known so to be by the directors. That after.
| wards the Board adjourned to the following day,
| and on its reassembling on January 20, and after
| the minutes OF January rs were read, deponent
| having discovered that he was recorded as having
| voted for the proposition Of Williams, this depO
nent stated to the Board that he desired to be con-
| sidered voting against Williams proposition
| and made the explanation that ne supposed at the
| time he was voting only for the reservation Of
! $1,000 per mlle a note OF which was entered on
| the margin OF the records.
That afterwards, and during the same meeting, q
| motion was made and adopted, rec0nsidering said
resolution OF January rs, accepting J. NJ. s. vii
| liams' proposition.
That at q subsequent meeting Of the Board, being
| the next meeting after January 70, the Board In
the absence of the deponent, ordered said protest
schedule "k" and deponcnts recorded explana-
| ton about his error in voting to be expunged from
the minutes but at the time said order was made
there was net quorum present, there having
| been bare quorum present at the opening Of the
meeting, and deponent having been absent from
| the room at the time OF making said order; and
both said protest and said note still appear upon
the records OF the Board, written In red ink