The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1878-03-09
lcosY on PRopuzIriaN I

ttoSf Oh FsCruHtttGN
For. anu in confederation Of ouo hunst.I
Jon shares OF paid up capital stock OF the
Dallas and Wichita TsilrOsd company this
day received by me thr nigh my az mt, J. W.
I Calder. pr mise 70 pay Mat Culien. on d.
I msHc, tor gcTk done Of sad road, and 10
advance sufficient money TO make cp any
+ hand - pay OF the engineer ooEps nov IN
! the tsld, ana 10 pay al. amounts du 70 rnsr-
ehsnss up To dai.. la tact >, act as banker
I To- said company and TO sdvanc- them
money as They may ueesl II. without Inter-
| est, the money so paid and advanced u be
| refunued 10 me whenever the said com psny
| have the funds on hand not otherw - ap-
propFisted.
Signed ,ALExANBEs CALDER
| By his gent, j ". CALDsh.
| Dallas, Texas, Hecem Der IL. ls12
ESDoRsKr As rolLozs.
| endorse this agreement aud bind myself
personally, Z, the present h6iaer. Of paid np
stock ia said company, 10 stand b5lw cen
them and AL claims against the company q
men ioued ia agreement
signed !. w.CAIpER
Dallas. Texas. December i, is72
Motion BY e NegsfsrtE that the propo-i-
| tiou he accepted md the stock be issued by
the secre tsTy In accordance Herewith. see
onded by b. Connal!y. Adopted. Moved
corps nov ia the field, except w. II Went
worth, who Is retained TO com plete the notes
Motion % adjourn carried.
NJ. HAMMOND. secretary
That The making the proposition IN Tie
aud was the first step in deliberate and
we'll eonsid red system Of fraud prsctieed
upon the Dallas and Wichita railroad G ,m-
pany, a. Will be hereafter more fully shown
BY the said ]. w. Calder.
That on the 18th oi December the dAy
when by the terms OF said proposition nc re-
ceiysd one hundred tl60i shares OF the paid
mp capital sioek OF The Dallas and wichita
railroad company, Alexander Calder was in
the state OF Pennsylvania. That ne resided
there then and since, anu has never been In
the state Of Texas, nor had he then any
means or properly In the tate of Texas, nor
any ere Ut or business connections in the
sta e. nor was he personally znown 10 any
me N beers of the said board OF directors then
present, except the said i. W. Calder. who
was MS son. nor had they any know ledge OF
guarantees OF the responsibility OF the said
Alexander Calder, and the said J. W. Calder
Wa Irresponsible. ami the said directors
knew II or cou q easily have known a..
lhai the resl party making said proposi-
ton was The said j. W. Calder, who then in
troduced the name OF sno'heT person ia his
dealing with the said railroad company, the
oettsc TO screen himself from the frauds he
lhen contemplated ana afterward perpstrs-
ted upon IL
That the said Alexander Calder did not
make said proposition, and tnst he DID not
know when u was made, or that Il was to he
made, nor did he ever auth r!Er said J. "
Calder 10 promise 10 pay the debts for the
company, en- In syate1 In said proposition,
or to b-come banker for said Dallas and
Wichita railroad company.
That the said proposition was adopted 10y
the board Of directors At said meeting and
the one hundred shares of stock issued TO
the SAID A. calder and delivered TO !. ".
Calder.
TEat AZ pretended called meeting of the
board of directors of the said rsilroad coin
paDy on the 18th OF January, ls72, there were
present only J. W. Calder and II. y. f.Tyay
In person, aud ID ConneiIy and &. wege-
tsrth by proxies held by the said J. ". Cat
Calder presented an account against the
COMPANY in favor Of Alexander Calder for
eighteen hundred and seventy dollars which
was examined ts- stated IN miuu es) and
found 10 correspond with statement of sc
count, &c an the president and secretary
ordered to give the due bill Of the company
for the amount. The minutes snow no Item
1Iei account or bill OF particulars nor any
thlng re, peetins The same, except copy Of
Rotary of the company, with corporate seal
attached, 10 Alexander Calder for the
amount claimed tslso), bearing date Jaaua-
~ the 9Th, 1872. ttpa avs bsfor. h said meet
ing Of the board OF directors
That there was in fac, no quorum of direc-
tors prese Of At said meeting ana no quorum
competent TO act upon The ss IL matter OF &c
count. which plaintiff AYERS was the matter
of j. W. Calder, and not Alexander Calder
and ifit was Alexander Caiter's n Vas
matter which J. ". Calder as agent fnF
Alexander Calder, was pressing upon the
IN which he was not competent u sct as n
mem Der of a board of directors of the rail-
road company passing upon !ts validity.
That there was nc authority In the nv laws
or In the charter OF the Dallas and M!chits
railroad company authorizing director 10
act by PROXY, and that any such proxy was
inVatH In law, ard that there was no quo
rum st said pretended meeting ofdiTector-
and It's action Is void.
That at a called meeting OF the Ekecutiv.
Committee OF the Dallas and Ichits Rail-
road Cornpony, on the 6ih OF June, 1903. there
was present only W. Calder ami n. =. FIR
way. j. W. Calder presented hla account for
examination, said account was audited and
,ound to be correct by the sad pretended
Executive Committee, nd the secretary was
ordered 10 give due bill for the amount
and thereupon the secretary of the said rail.
road company executed q due bill as snch
secretary, 10 the said j w Calder for fs-g
dated Dallas. June 9Th, Is5S.
This due bill was afterward changed or
| set aside, and another given ror IL for SANE
amount, signed by J. W. Calder. president
and the secretary OF said company, with
corporate seal attached.
That by the bylaws of said corporation
the executive committee consisted OF two
menipers OF inc board OF directors and the
presidehr, and the said action Of the sxecu.
i've committee was void and the dus bill of
That there were no vouchers and no sc-
count died by said Calder at said meeting.
That at IA ca led meeting OF the board OF
directors of said railroad company az lis
Office, on the 5th Of January Is71 III n Er-
way AMI j. A. Bullen, memb ers Of the hos I'd
OF directors were elected MEMBER Of the
executive con mittee.
That at a called meeting OF the executive
committee OF said railroad company at It's
qp n IN III the stty OF Dsiias on the ist day of
June, isHt tine account OF j. W. Calder was
presented for auditing and settlement Arer
examination the claim was found correct"
and oy or''er or the executive committee a
due bill was executed by J. ". Calder pr.si-
dento Dallas and Wichita railroad COM
psny, ana countersigned oy r NJ Ham.
meId, secretary, with c rporatA seal of aid
company attached, Tor nine thousand seven
hundred and four dollars and nGy cents
tss.lO4 So. TO the said j. W Calder
That there were Present only two mem
per. OF the executive comm tee. the said
J. W. Calder aud j. 4. Bnilon, and the said
Ctiuerr being iucnm petent, there was no
quorum 70 act upon said matter of account
AND nofe, aud that the proposed action was
That at an adjourned meeting of the stock
holders OF the Dallas and Wichita railroad
compsuy, held At their Office IN the civ of
directors was 81 larged to ten, aud ten dire
tors We're elected and constituted the board
That at a meeting of said board of diree-
tors, ct their ONCE, on the 2Jth OF June, ls7a,
the following proceedings were had
"OFFICE
DALLAS AND WICHITA RAILROAD go I
Al an adjourned meeting OF the directors
of the Dallas and Wichita railroad com
pany. held in their office, IN ihe city o. Dsi-
present j. ". Calder j. Al k1 1Gie . = were
way, W. +. Cummins, q. w. Erwin and +.
n Hammond, W. NJ. Nelson by proxy, and
A,S Saidsr by proxy; W. L. CsoelI and J. 81.
The 9ort of the executive committee be-
Ing called for, II was moved and adopted
that on account OF the Absence of W. l. Ca
bell, OF the executive committee, the said re-
oIt lie over iili the adjourned meeting Tor
saturday, June 23th, at o'clock y. m
After some discussion as 10 the proper d N.
position TO make Of the land certificates nov
on hand. II was resolved and unanimously
adopted. follows:
Resolved, That the sixty-six psgo land cer-
tincates now on hand, belonging to the Dali
la and wichita raiIroad company. be placed
IN the hands OF the president, with author
lily 10 contract for Their location and return
OF correct neld notes TO the general land ofics
Tor which he Is hereby al borixed 70 paw not
more than one NTH DIS OF the certificate or
one-nHh u-oi of the land located by Virtue
OF the saine and that the president aud
secretary arc hereby authorized TO IN axe any
and al conveysuces or transfers OF either
certifcA es or land due any party or parties
IN payment on contracts made by virtue OF
this resolution"
Ii WIS also resolved,
| " That the president be authorized
TO contract for the Sling on lands 10 which
the Dallas and W.chits railroad c,,,nE,nuy
| are enfitle as TosaFv alton.
| hesoiuIion unanimously adopted.
Ailer cosi S'Gtrstlon motion was made
BY w. Il. cumycins and seconded by r. 81
Ham moDd, thai the president and sccretar,
De instructed nd authorized to ex~cut. =
| cash note, due one day after date, IN f.vo8
| OF Alexander Caller OF nearer, Tor eighteen
| Thousand Two hundred and six doia and
| thirtS-nve cents, ana % deliver ssia note 10
| Alexander Calder, his agent or attorn ay.
| uI on the surrender ef the due bills Of the.
Dallas and Niealta railroad company, own
ed and held by bin tor that atnou a. viz
| A due oil Tor thirty-sfx hundred and thirty
one dollars and eighty-three ceuts, tS3,fsi s.l
drawn in favor OF j. ". Calder or Order
| dated Dallas. Texas, November a6th, ls.2
also q due bill for eighteen hundred autl
p<N Gr7r " oil So -.