The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1875-08-04

10 the Editor OF the Dallas Herald
In your last Sundays edition you
published ac0mmunication addressed
10 the City Council, 10y w. h. CabcIl,
Mayor, which demands notice.
It Is to be regretted that the Tigers
skin 10 longer concenls the stupid ami
nal beneath Tits growl ends with Il
bray. Allow me, MS briefly M possible,
10 answer the charges made against
me personally, and the other officers
of the Dallas aud Wichita railroad
company generally,
There are some truthful statements
in Mr.. Cnbell'S communication. On
May y, 1874, he was selected to repre-
sent the city Of Dallas as II director in
the Dallas and Wichita railroad com
pany. The city then owning no stock
In tile company, ! loaned II the ten
shares required 10y our cbnrter and by
laws TO make its representative elibi-
bic to the Office Of dlrectorrwhch stock
was transferred TO Mr.. Cnbcll, and, al
though repeatedly called for, Is still
held by him. According toAgreenIcnt
IL should have been returned to me up
on the receipt bS the city, Of its first
ipstallmcntot stock, 4. III
Mr.. Cnbel accuses me Of disregard
for the bylaws because the Boanlbt
Directors elected him in June, 1871, TO
III u Vacancy, and refused to eject ne
additional directors in July, 1919, when
there was no vacancy. 10 prove that
Mr.. Cabell knew that he was clcrtoato
iii u vacancy, ! viii quote from Tie
minutes Of the meeting "The object
Of the meeting, nsstated 10y the Prsi-
dent, being to fiji II vacancy in the
board of Directors occasionld 10y tie
resignation Of II. y. EVHy In accord
ance with the bylaws, m0dc and pro-
vidcd, the President proceeded 70
w. l.. Cabell, Mayor, to ill
the vacancy, who was elected
Mr.. Caholl was present at that and
Mt the following meeting, when the
were road and approved. h
This attempt 10 throw reproach upon
the isoarda of Directors aud mShclf
shows his ma llgnity aud disregarl for
truths his 6tteNmptto induce The heard
to elect five additional directors, when
Our chnrtqrnnd bylaws both express.
ly provide that the directory can only
elect directors to ill vacancies, shows
his stupidity. During tho dkcussitri
on the question, he proposed to igUOrc
No bB-tdtps saying that the power That
could create could destroy that he had
had some experience in such mattWs
IN Arkansas, where there were m0ny
precedents lorsuoh action, or words to
that effect. Yet he hns the eilrontory
10 accuse me of disregard for
the bylaws, because no meetings
have been called on the second Mon
day in August, November (Which he
would learn by consulting hisNlmnnM
have not yctyarrved) February anti
May. 1t Is not my duty to call regular
meetings. II Mr. IRbeil thought that
the Holding Of Il meeting on particu,
lar day was of such pre-emnent impor-
lance, he should have called me from
Austin, where | was securing the
TO our charter, that
franchise 80 valuable that
MIR. Cabell and his friends want the
control OF 1t. o. NO a.. ~ a
kThe onlysfolmdation for his conr
plaint-- and he makes much ofitZis
the failure to,hold meetings, yet it Is
only hy deierrihg to1hls caprice or con
vedience that his presence Is secured;
the other Directors have. frequently
waited m hour OF more for him; sew
erul meetings have been adjourned be-
cause no was not present. He haa been
A6scntattwo meetings of the Board
aud one meeting OF the ENecutive
Committee, held ius,Iuly last, although
he vas duly motfied and especially
urged to hiedd? hfAe city Should re-.
ward him for SO faithfully represent
ing her, aud watching and guarding
her interests, which he claims are in
peril.a'a
I'm The resembling inconycqueut
manner peculiar to him, he refers
again and again To his principal griey.
apca the Btilsal 0tStbes Bohidto elect
live Directors, Notwithstanding the
Attorney of the company and others
learned in the law decided that such
~ election woul,ibe Illegal! ,ind ats
lacks the Board Of Directors and tho
Attorney OF the company rs follows:
VI lmade a,motlon at once 10 have five
Observation-Disclosures elected 20 REPRE-.
sent the interests of the city. That
was objected to ut once rs being illegal
md unnecessnry,,gRpigin Nioiuum Of
he bylaws OF the Company, and was
'eierred TO the Attorney OF the compa.
~, Captain JohnM. McCoy, who re-
ported TINT an election except at the
annual meetings, would bo illegal.
Now this was declared TO be illeIul,
yet the election of myself s Director,
IN the month of june, 1874, was not H.
legal. Probably having u wholesome
fear OF s6nie ofthc Directors, and sec.
ing that, be was striking them instead
VI nae, 'heinakesthe~f following unwar-
ranted aud malicious attack on me:
NO iDegallty, 80 far ny the bylaws
were concerned, was ever considered
" President Calder until after the $50.
'OO city bonds was issued, and an Effort
vas made To Increase the scity's repre-.
IIavlAg now got'his hand
n (apd his FOOT he comes, out with AL
stctR6erous keW Hear hiNa.
'"No3qpo9S ibeT6 6tdt,5 Until dj3cr nc
$4,000 city bonds QuS issued md tad
zen disidtd ott1et6et,t the Psesidmi
ne road j " CpldG, aqyMd So
'efRteRtleht,' j. H. bthtta, ana Ibi6(es
Shields, the contractors" 1 am
for the italics, he for the
C.. @A n
The $50 900 Dallas city bonds were
aid to Pointer, Shields 4 CO., and
ere divided between the copartners
{ the firm. 1lewho says that / was
ne Of those copartners js a slanderer
nd 4 liar ana L dare any one, not
ualilied to take the pauper oath. to-
ny II. R'@s
Henext accuses some OF the Dircc.
ors ofeomplicity With fraud. ssThus
y 70 DO seen that the bylaws could /
y violated with impunlty by tho pres-
lent and Superintendent, and having
oles enough always pfesent, ana two +
roS'es, wlueh he iCalder) held all the
Ime, any act Of hiscould be approved
o mAl0rllyl OF the votes nresnnf D IN. L