The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1876-10-19

i was one or the directors OF The S3-
lima, Atlanta & Raymond railway COM
pany, which company made contract
with Abram Cutler, in the year, A. D.,
1873, to construct its road through Nc
Pherson and Rice. i, at that time, lived
at Emporia, Lyon county, Kansas. j.
NJ. Steele and G. Z. Kelsey, of the same
place, were also members of the board
of directors of said company, and if my
memory serves me correctly, Levi Jay,
of Atlanta, Rice county, was member,
but never met with the board. j. II.
Prescott, of Sallna, Saline county, was
President. c. E. Kelsey, J. NJ. Steele
and myself worked up the franchises of
said company IN the counties of McPher-
son and Rice at great expense OF both
time and money, most OF which we En-
poria gentlemen paid from our indlvid-
ual and private funds. That when the
company was considering the contract
with Abram Cutler for the building and
operating said road, Messrs. Kelsey,
Steele and myself told said Cutler if we
| turned the franchise over 10 him that
we thought it was nothing more than
right and just that he should reimburse
us for our services and expenses before
we, as company, parted with the fran
chise which had been voted the company
in said Rice and Mcpherson counties,
for the contract proposed by Mr.. Cutler
was such that it gave him supreme con-
troll after it would be made, and can
celed all interest the Salina: Atlanta 4
Raymond railway company at that time
had by virtue of the franchise voted
them from the counties of Rice ahd Nc
Pherson. J. NJ. Steele, G. E. Kelsey and
in the town site of Atlanta, Rice county,
we considered if we got the amount Of
money we had expended in working
up the franchise for said road refunded
By said Cutler, that by securing the
building of the road our investment in
the town site alone would compensate
US in part for parting with the franchise.
Mr.. Cutler agreed with US tina. he would
repay US the amount expended, and said
that it was fair that be should do so.
We then talked the matter over with
Judge Prescott, as president of the COM
pany, and told him what Cutler had
agreed TO do, and what we had SAID to
hun. Mr.. Prescott said twas nothing
more than right, and he was willing we
should have the expenses which we had
incurred, but he said that be bad incur
red no expenses and as for himself ask
ed nothing; that he had only made one
or two trips down through the counties,
and wouldn't charge for his time. Those
of us who had incurred expenses Steele,
Kelsey and myselt) asked Mr.. Cutler to
pay US in cash before we turned the con
tract over to him, he said that be at that
time had no money, but would arrange
for it, and put US off. AT a subsequent
meeting of the board, at which Mr..
Steele, Kelsey and myself were present,
Cutler wanted to close up the contract,
but still was unprepared to pay US the
amount ofexpenses as agreed to between
US, and he there of his own accord offer
ed to assign his right to large amount
of Rice county bonds when he should be
entitled 10 them. (The contract as we
were making was SO written that he
could not secure any of SAID bonds from
the franchise voted by said Rice county
until he performed certain amount of
labor in said connty.) From the large
amount of bonds he offered when he
should become in possession of them,
aroused our suspicious that he did not
intend 10 build the road through Rice
county, and his refusing to secure US in
any other way satisfactory, and we
knowing Mr.. Cutters finances were
limited, and being afraid he could not
complete the road, in which event, Rice
county being the last end OF the road to
be built, he never would become entitled
TO any the bonds under the contract with
SAID county, besides the large amount of
bonds offered in comparison with the
reasonable bills presented, made us more
suspicious. We did not, therefore, con-
sidered his offer of bonds Of any value
to US whatever, and We so told him.
Mr.. Cutler then proposed that We ap-
prove the contract and place it In the
presidents g. Ii. PrescotD hands, and
that he would meet Mr.. Kelsey and my
self at Topeka and settle the matter sat
isfactorily to all parties. Mr.. Kelsey
went to Topeka as per agreement, but
failed to get tho money for our expenses,
and he never paid to either of Us any
amount as part or whole of said ex-
penses as agreed to at the time we ap-
proved and left tho contract with said
Prescott at Salna, Kansas. Mr.. Kelsey
and myself talked the matter over, and
it was agreed that he should not turn
over the contract unless said Cutler paid
to Prescott the amount agreed upon, and
Kelsey then wrote TO Mr.. Prescott that
Cutler had failed to meet US in Topeka,
but If he paid to Mr.. Prescott the
amount be should give him the contract.
Kelsey also wrote Cutler to that effect.
Mr.. Cutter did not DO this, and there
was then another meeting, ct which, 4
think, Mr.. Steele was not present. We
then pressed him to give US some guar
antee that he would fulfill the contract /
by completing the road through 4
the town OF Atlanta, Rice county. He
then offered to deposit certain amount
of the bonds o. Mcpherson county in 1
lieu of the Rice county bonds, but as
the bonds of Mcpherson county could
not be had until be had complied with
the contract this presented the same
difficulty as with the Rice county bonds.
Mr.. Cutler then got angry because he
could not get the contract on his own