The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-03-01

W. ~ hhNthNNNg HffHh W wv NFH"H''H'
GouTI, DaIias CgupiS, FeEah'
pHEsrATE on TEXAA-1g tho hherill
OTany Unnhlablpui liullaH you ihlnlt
NM HDu nrn hereby rOmmNnnrl lllHl
IV mAltluR notification Oi ihlh rllhlluN
in snmH Newspaper pulll1hfl wv
county ~ Dallih, Tor lnNl "nlhH I,h.
vlOuB 10 tile return nhy hNlnnIi fNN WIKI
m0n A, calder pAm s.snn VIZ. wbG
ara non .f6sldenls " the hlHlhnl uahHi W. ~.
AMI app0aT before lhn DlHlllll luulhlu ~,
holden ia and lOr HE county m nnlnnl w
,hs lhird Monday W lnnn W. q ~ iia"t'I
there 10 answer no pellllnll elhllatS WtVi|
ALA mi said court against ne shll J. W
unlder, A Calder, Dallas hil WlullllA Lh,l'
road Company, N, HNndefh1gi hnh ~ hhni
,aS ltolling MIL Company dssmnda n aid
aIlonna In substance 40 iQllnWsl 70 WV 800,
"rhnn the dallas and .Wlnhllh lthlltuau
Coinpany WAS chartered ny hll NY on wy
IN to inoorporaio Tho nallaa aud wichita
Ny lana and thni on tho sllh Of May, le'a, sad
nrlulnnI act was amended ~ ih hel ~ VIZ
lealniatuTH Of Texas, tnllllnn M hol le
,Isnsnd mn moi 10 Incorporate tho Dallas ana
Wichita railroad company hnh W w w
llis construction Of said roma, passed hhN
| a, 1871 ,a. ,,...,,,o, t.5t t,,.aatd
That on tho lill OF Degen9pI, w thu n ~
Dniins and Wichita railroad company wa
nniv orfnnlgel NJ "a meeting NJ the ontpnlh'
| tors OF said company w hglly ~ Dillhhi
| hv lho election ~ u board NJ directors prnhl'
| dent, Ce,pfahidfnl, lIehHul.I hnu h.uI hlyi
md adjourned ~ tho lirHt Monday ~ Jhhn'
"fhnp al a called meeting Of the board Of
| dIroolura Of said company, on tue lIlh OF
February lhl, u code ~ NS'ihWh Wnh nnohl
among other thinga II WIS provided ln hhld
| nv,lnWa, by kOGiiOn |, Afllole l, "lhni the
| ave directors elected hhhll ophhll nln
b ard who shall mhnng' hnd nnnhuut thr
| annirB ana busluenh ~ llin company ny
| lnomsolyoa nnd OI1oerA nnd agun . appoint
| I'D by th0ni uudUr tho powers vested IN the
COMP my by tho ch rtof hnd general NV
| regulating railroad companies ~ INC sthln
| by RooliOn u, Oi Article l. ~ mhJpfl y OF Inc
| 'IIrooloTs shall be- u quorum 10 uO bus noAh
| In CiHe "A quorum duoh not hltrhu mos
prevent may adjourn he MEETING 10 hhullle
| iImen section 7, "When quorum IN pres
| ant nil the powers vested Ia the bunid may
| IA" exerclnei ny N JOlty vote Of those
pruapnt except 10 oil vacancies Ia lhh Dohfl,
VII n "A vote ola innl, fily ol lhotr roman
| lna ia Office shall hn ne0thHhfyi' hhi also
| INN Apglon n, "a rate Of n majority Of me
whole number shall DO necessary 10 author
| izn IA Rnlu Ul any ruul estate tlc,, tlo'
! iIho dir01tOTH may mako AL upu tracts noc'
| 0a,nry and proper executing lho powers OK
| pr0sAiy granted thom by lln ohhIluI or lhhu
| by lava ANA not restricted by tnom la such
| modes ana forms IN ihUy may doom proper
| iOr the hnnOnt Of The company. Hut thuy
| shall not contract or agree Tor, nor make
| any deed oi trust, mortgage or plhei lloh ON
| LhD DrOpaTty al too company without DtlnH
oxpfes,iy authorized NO toh by vote Of
| ths III oniOrs NJ u general Or u, orlhl meeting
ThnC NJ n meeting Of tho bunld of dire tois
| of said Dallas aud wichita railroad cOnpn-
nv ON the an OF June, 1879 the doiouunnt, j.
| W. Calder, became htuohholdor III MI
| ompnny, nnd NJ bnli monllnB WA oln y
| nrL Il director ana then president OF huid
company, NJ that Time he mai no property
no Visible means, ond very litlle, any
| money, aud no vocation,
Thai ON tho l7th of fully, 1872, NJ u called
| meeting of the board of directors, the hnlu j.
| W. Calder presented his irhl Dlll against w,
company which was for sl3l 20, without
| Items or YOuchrIh, ana ~ Whh icleIlou W y
special Goa Ilittoo' ,,
Tint on the silh OF November, 1879 u little
% or four months from that date, AZ whhl
PROPOSED a. DO n meeting Of me u ireclolb, u
| bill wRa pIUspnt,d by tho Hhlu j, W Nhldol
! ion q, NIl 10 against thesNld rnlltond cOmpn'
| ny, nnd BY order OF the unrd uue bill wa
executed t. The said j, W, Calder ny the SEQ
| Rotary OF the co. pnnE, iOr No pumnhny lol
that amount, dated Dallas, TeAaai NOVen
her 10, 1874 That no itami1ed account ol
| vouchers Gro M u Win hnid account ANA
none deposited with OF on iilo With tho sec
rotary OF said company,
| rhnt Mt said meeting OF directors thert
were only two persons pa usent. ono OF thes,
| pplng j. W. Calder, the utncf Two (lnelt
| were only Jour In nO) being present by thell
proxy, j. W. Calder That there was ne
quorum of the board present NJ lhat llmt
competent TO act Ia II matter uf account ~
| which the said j, Y. Calder was Interested
and Iunt the pretended action OF the uai
board In allowing Anld account ana ordering
" due bill TO be given for H. hnd tho une vi
given by the secretary In conformity there
TO, are void ana Of no legal force Whatever,
That on the 10 h of Deem her, le12 NJ I
chile meeting I the b rd of directors %
said company, n propos tlon was made by
| A ~ Nv his meant. i. w l'ul
der, IN substance Az folio"si
OFFICE or
DALLAS AND WICHITA RAILROAD Co.
Attn call meeting OF the directors Of th'
Dallas and Wichita rntlrOnd company q
their olllco In Tho city OF Dallas, on the ISL
of December, 1872, there were present j, W
Calder, O. WeRtnrth, u. Connnlly, II. y
Eryay j. ID, calder being absent. Moved by
d IL. y. Ervay that the reading of the minutes
he dispensed WITH seconded by q. Veg iarth
The following proposition was then pre-
sented by A. Calder, through his agent, j
W. Calder:
cory or PROPAGATION
For, ana In consideration of one hundre,
(lOW shares of paid up capital stock OF IN
Dallas ana wichita railroad company, TN
T. day received by me through my ny MT d. w
Calder, pr mise TO pay Mat cullen, ON d,
mand, for work done OF said road, ana u
advance sufficient money 10 make up an,
, amount the company may not have on
hand to pay OF the engineer corps now II
the flcld and to pay MI amounts uu to mer
chants up To date. In fact to act as banker
for said company and TO advance then
money MS they may need II, without inter
est, the money no paid and advanced To b
refunded to me whenever the said cOnpan,
have tho funds ON hand not otherwise ap
propriuted.
Signed ALEXANDER CALDER,
BY his Ygent, ]. W. CALDER.
| DALLAS. Texas December II, 1871.
ENDORSED As FoLLoWsi
endorse this agreement aud bind mysel
personally, IT, the present holders of paid nj
stock In said company, TO stand between
them and NIL claims against the company
men Toned In agreement ~, n,
Signed j. w, CALDER
Dallas, Texas, December II, 1872.
Motion by q. Negefarth that the PROPOSE
| ton be accepted nd the stock he issued b,
the score AIRY In accordance Herewith Sec
onded by b. Connaly. Adopted. Move,
that the president discharge the engiuee
corps now In the field, except W. ii. Went
worth, who is retained to complete the note
OF his survey. Adopted.
Motion - adjourn carried.
4 NJ, HAMMOND, secretary.
That the making the proposition In Ih'
nam of Alexander Calder was II mere slind
and was the first step In deliberate anC
well cousid red system of fraud practiceI
upon the ID lllas and wichita railroad m
pany, rs will be hereafter more fully shown
| by the said j. W. calder.
That on the 18th oi Oecembcr the day
when by the terms OF said proposition he re-
ceived one hundred ZOO shares OF the pal,
up capital Stock of The Dallas and Wichitt
raii Dad company, Alexander Calder was 1t
the state of Pennsylvania. That ne resided
there then and since, nh has never been II
the state of Texas, nor had he then any
meaus or property In the tate of Texas, MOI
any creiit or business connections In Tn,
sta'e, nor was he personally known to any
members of the said board of directors then
present, except the said j. w. Calder, who
was his son, nor had they any Ruowle edge ol
guarantees of the responsibility of the said
Aiexandsr Calder, and the said j, W. Calder
was Irresponsible, and the said directors
knew 1t or cou d easily have known II.
That the real party making said PROPOSE
ton was the said j. W. Calder, who then in
troduced the name of another person In his
dealing with the said railroad company, the
better to screen himself from the frauds he
then contemplated ana aterward perpetra-
ted upon II.
| mn. ~. n