The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1874-10-16
THAT CONTRACT.
omcral ,.soora of Proceedings.

OFFICIAL IkecoEd OF Proceedings.
There has been much talk, for som
= time, in regard to certain contrac
: made between Lyon county and tn
former law firm OF I;uggies & Plumb
concerning the county's stock in ia,
NJ, Is. & T. railroad By request ",
, publish that cantract, AMI the officia
, proceedings of the County Board there,
on, SO that people may see just what Il
Is. We make no comments, but let the
people draw their own conclusions.
Proceedings of a special meeting
; of the Board of County Commissioned
of Lyon county, Kansas, held at the
court house March s, 1871.
SPresent NJ. II. Bates, i. Il. Maxson,
d. l.. Ward.
David S. Gilmore, county clerk.
Board met pursuant TO csll ut IL
O'Clock q. IN.
1t was on motion
Ordered, That the call for this spe-
cial meeting be spread upon the journ-
al as part OF the records of this Board.
To NJ. II. Bates. chairman OF the
Board of County Commissioners of I.y-
on county, Kansas:
We, the undersigned, members of the
Board of County Commissioners of So id
county, do hereby unite in calling 4
special meeting of said board at the
county clerks office in said county, on
the eighth day of March, 1871.
Dated this 9TH day of March, A. d.
1871 NJ. II. BATES,
| d. L. WARD.
Attest; DASID 5. GILMORE, County
Clerk.
The following preamble and resolu-
lions were offered by Z. b. Mnxson,
and were, by the board of county COM
missioners of Lyon county, Kansas,
adopted and ordered to be spread upon
the journal of said board of county
commissioners, as follows:
Whereas, Lyon county has subscrib-
| ed for and received two hundred thous-
and dollars in the stock OF the Missou-
RI, Kansas & Texas railway, late Union
Pacific Railway Company, Southern
Branch, andkhas paid for said stock at
par in bonds of said county, and still
has said stock and,
Whereas, The said Missouri, Kansas
| q Texas railway company, as this
| board is informed and believes, has in
creased its capital stock to four and
one half millions of dollars, and has
| received large and valuable franchises,
which said capital stock aud franchises
were more than enough, in the opin-
Ion of this board, u build the entire
line of its road twice over and,
Whereas, The two hundred thousand
dollars of capital stock in said Missou-
ri, Kansas & Texas railway, now held
by said Lyon county, has but little if
any appreciable value; therefore,
RpaOIrod That alah n afok. Of fookO
(Which this board believes to be noto-
riOusly true,) imperatlVely demand
immediate investigation.
ReSolced, That p. B. Maxson be, and
he is hereby appointed to confer with
competent counsel for and on behalf
of Lyon county to see what arrange
ment can be made, and upon what
terms, with competent attorneys to at
once commence legal proceedings on
behalf OF Lyon county, to investigate
the affairs of said company, and to
make q contract with such attorneys
for and on behalf of said county and
report the same subject for ratification
or rejection by this board.
And afterards, tO-wit, on the Sth
day OF March, 1871, the said p. B.
MaxsOn, heretofore appointed for the
purpose, appeared aBd orally reported
TO the board of county commissioners
of said Lyon county, that he has made,
for and on behalf of Lyon county, a
contract with Messrs. Ruggles &c
Plumb, attorneys of Emporia, in said
county, which said contract waS,there.
upon ordered to be spread upon the
journal of the said board, as follows:
This contract made and entered into
this Sth day of March, A. d. 1871, by
and between the board of county COM
missioners of the county of Lyon, in
the State of Kansas, acting by and
through p. B. Maxson, duly and legal
ly appointed for that purpose, party of
the first part, and r. NJ. Ruggles and
p. B. Plumb, partners as Ruggles s.
Plumb, parties of the second part {;
IFitnesseth, That the said board of
county commissioners of said Lyon
county, party of the first part, for and
in consideration of the covenants and
stipulations hereinafter contained,
hereby covenant and agree that they
will, at the termination of the legal
proceedings hereinafter mentioned,
convey and transfer to the said Rug
giles & Plumb thirty-three and one
third $3.50 per centum of the stock of
the Missouri, Kansas g Texas railway
company now held, owned and pos
sessed by said Lyon county. The said
4&OSkACo onO l. AAAAOy PdII aS 1luk-
giles q Plumb, parties of the second
part, for and in consideration of the
covenants and stipulatiOns hereinbe-
fore contained, hereby covenant and
agree that they will, within q reason
able time, for and on behalf of the
said county of Lyon, commence and
conduct to successful termination le-
gal proceedings against said Missou-
ri, Kansas 81 Texas railway oompa-
ny, in the nature of q stockholders
suit, to investigate the affairs of said
company and compel it to show what
has become of its franchises and the
proceeds of its capital stock. And
the said Ruggles 6 Plumb, parties of
the second part, further covenant and
agree that they will, at their own
proper cost and expense, associate
with them and secure the aid of
MessFs. Shannon & Shannon, OF Law
rance, Kansas, and Messrs. Clough &
Wheat, of LeaVenworth, Kansas.
Witness our hands this 8th day of
March, A. ID. 1871. P.B. MASON,
For and on behalf of the Board of
County Commissioners of Lyon coun-
ty, Kansas. RUGGLEs & PLUME.
And therupon it was, by the SAID
board of county commissioners,
Ordered, That all the acts and pro-
| ceedings of the said p. B. Maxson, So
appointed as aforesaid, be and they are
hereby adopted, ratified and confirm
ed, and the contract, as above set forth,
so made by said p. B. Maxson for and
on behalf of the said board of county
commissioners, with said Ruggles &
Plumb, be and the same is hereby
| adopted, approved, ratified and con-
flrmed, and the same made q valid and
| binding contract on said Lyon county,
acting by and through its board of
county commissioners.
N. II. BATES, Chairman.
d. L. WARD.
p. B. MASON.
The State OF kansas,t
County of Lyon, IS.
l do hereby certify that the forego-