The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1878-03-23

. Ervsy; J. B. Calder being absent. Moved ~
Il. =. Eryag that the res0ing az lie minutes
DC di.psrssd with, seecn'isi i,s- C. wegs fATtt
, The following proposition wa. then pre-.
,snted ny A. Calder, through AIS sgeni. }.
Icopr OF psorosirfos
For. ana IN consideration Of ore hundred
tiogl shares o. paid up capital stock Of tue
Dallas and Wichita railroad company. this
Calder. pr mise 10 pay Mai 1rlien. or lie.
inand, for Work done % said road, and 10
advance sufficient money 10 make up ahy
: amount the company may no, have on
hand To pay OF the engineer eorps nov in
the neisi and to pay ali anIouu q si,,- 10 mo-
| chants up 10 date Ia tact &, act a. ban / ers
for said eompany and 10 stvanes them
money as they msy need II, wirh5Ct inIe--
est, the money so paid Nna adv nc.d u lie
refunded TO me whenever the said com pany
have the funds on hand not Otherwise a y
Signed ALEXANDER CALDER
By bis sgent. J. w. CALDER
Dallas, Texas, December IL. is72
EsDoRsEr As FoLLoas:
endorse this Agreement aud bind myself
personally, g, The present hoiier- Of paid up
them and all Claims agsins, the com psny a.
men toned In agreement
Dallas. Texas, December II. is7s
Motion by c. Negrfarth that the prurosi-
ton De accepted md the stock be issued by
tne seese AIRY In accordance Herewith. see
onded by ID. ConnHly- Adopted. Moved
that the president discharge the engineer
| corps now In the Held. except w. H. Went
| worth, who Is retained II com pl-te the notes
OF his survey Adopted
Motion % adjourn carried.
N. HAMMOND, secretary
That the making the proposition In She
| nam Of Alexander Calder was q mere slind,
| and was the first step In a deliberate and
| Wei considered system offraad przcticed
upon the Dallas and wichita railroad c M
pany, AZ VIII be hereafter more fully shown,
BY the said j. W. Calder.
| fer he A sv
when by the terms Of said proposition he re-
| eeived one hundred Geo shares OF the paid
up capital sioek of the Dallas and Wichita
faiIo.d company, Alexander Calder was In
The state OF Pennsylvania. That ~ resided
,nefs tnsn anu since, aui la, never been in
| the state OF Texas, nor had he tlen any
| means or properly IN the state Of Texas, nor
| any crsiit or business connections in the
| state nor IVES Ne personally known 10 any
me M oers OF the said board of directors the
present, except the said ]. W. Calder. who
was his son, nor ad they any knowledge or
| guarantees of the responsibility OF the said
Alexander Calder, and the said j. W. Calder
vas irresponsible, and the said directors
knew IL or could easily have known ii.
That the real party making said PROPOSE
| tion was the said ]. W. Csider, who then in
| dealing with the said railroad COIN any, the
| better 10 screen himself FROM the frauds IA
then cobfen plated ana afterward perpetrs-
| That the said Alexander Calder did not
| make said proposition, and that he did not
Know when u was made, or that 1t was to be
made, nor did he ever auth rize said J. ".
calder 10 promise 70 pay the debts for the
Company, enumerated In said proposition,
| or 10 become banker for said Dallas and
wichita railroad COMPANY.
! ihht the said proposition was adopted by
the board OF directors at said meeting, and
the one hundred shares of stock Issued TO
the said A. Calder and delivered 10 ]. ".
Calder.
That at a pretended called meeting Of the
Board OF directors Of the said railroad com
paDy on the Ilth OF January, ls52 there were
present only J. w. Calder and IL. =. Ervsy
4 ne al K- ~
fsrth by proxies held by the said j. W. Cal
der. That al such meeting the ssid ]. W.
! company in favor OF Alexander calder ion
| eighteen hundred and seventy dollars which
was examiner as stated ia mInu ->J and
found TO correspond with stst.men OF Rc-
count. etc ami the president aud secretary
ordefed TO give the Que bin OF tLie company
Tor the amount The minutes show no item
lied account or bill of particulars nor any
thing respecting The same, except q CODY of
the due Dill signed by the president and Sec
| Rotary OF the company, with corporate seal
| attached. 10 Alexander Calder for the
amount claimed tsis70l, bearing date Janua-
~ the Stn, lsi2, ftCO day before the said meet
Ing of the board OF directors.
That there was IN fact, no q uorrrn of dlrec-
| tors present 81 said Ia Getting, ana no quorum
| competent TO act upon the said m after OF &C
| count, which plaintiff ayers was the matter
OF 8. W Calder and not Alexander Calder,
| and II was Alexander Caider's IL Was A
| matter which ]. W. Calder a agent for
Alexander Calder, was pressing upon the
| AID rhllrosd company for seth. ment. and
I In which he wns moi cosl peteut 10 act as a
| memb OF a board of directors of the rail-
road company passing upon iis validity.
That there was no authority In the bylaws
| or In the Charter OF the Dallas and wichita
| railroad company authoriziDg a dlrecio 20
| act ny PROXY and that any such proxy WAS
! invalid In law, and That there was no QUO
rum at said pretended meeting aldirecIor-
and Its action IL void.
| That AZ q called meeting Of the Executive
Committee OF the Dallas and tehitA Rail-
| road company. on the 9TH of June ls7a. there
was present eniy ]. W. Calder sind ~. X. Er.
way. j. W. Calder presented his account for
exam nstlon, said sceounI We audited and
found To be correct by the said pretended
| Executive Committee, nd The gs,.istarv yror
ordered Ia give a due bill for the apou l.
| and fhereupon the secretary of the said rail.
secretary, To the said J. W. Caldt Z for "a lsyl
dated Dallas. June 9Th. lisa
| Ihis due bili was aft-rward changed OF
set aside emu another given ;or IL for same
| amount, signed by W. Calder, PRESIDENT
sna .he secretary OF said company, with
| That oy tue bylaws of said corporation
the executive committee consisted OF two
members Of tue board OF directors and IN.
| presideL', ami the said action Of lie .x.ctt-
no validity.
| That there we're no youcher. md mo- sc-
count nied by said Calder az said meetinr
| That at "a called meeting of the board of
directors OF aid railroad company, at Its
Office. on the SIN OF January Is7i n : Er-
| way and j. A. Bnllen, me M bers of the bosrd
OF directors. we're elected members OF the
executive cniBmittee.
That AT n called meeting of the executive
committee OF said railroad company, al is
once in the city OF Dallas, on the Isl day OF
| June, 1854 1.-The account OF J. W. Calder wss
presented for auditing and settlement After
| examination the claim was found correct"
and by orjer OF the executive committee a
due bill was executed by J. W. Calder presi-
dent o. Dallas and Hichits railroad COM
| psny, and countersigned by r. 81 Ham.
| mend, secretarrs with Corporate seal of said
com pany attached. Tor nine thousand seven
hundred and four dollars and iuy cents
tte,lA on), 10 the said j. W. Calder.
| InHt there Were present only nam
| oeis OF the executive committee. the said
j.. W. Calder and !. a. Balien. and the raid
CaIder, being Incompetent, there was no
quorum 20 aet upon said matter of account
and note, and that the proposed action was
That at an adjourned meeting Of the stock
| holders OF the Dallas and Wichita railroad
company, held at their office In the city OF
Dallas, January Sth, ls73. the number OF
directors WIS az larged to len. and ten dire
tors were elected and constituted the board
That at a Meeting of said board of direc-
tors at their ONCE, on the 18th of June, is73.
the following proceedings were had;
| .OFFIcE
| DALLAS AND WICHITA RAIIKoxp Co
At an adjourned meeting OF The directors
OF the Dallas and Wichita railroad COM
pany. held In their Office, IN The city u' nal-
presant J.. W Calder ]. a. Bulien. +. NJ. sr.
way, W. F. Cumnins, q. W. Erwin and =.
a Calder nT pro1v " eI.1 Sa By PI snG and
Mccoy being absent.
/ The report OF the executive committee bs-
ing called for, it was moved and adopted
that on account OF the absence OF W l.. Ca
bell, OF the executive ommittee, the said r..-
port lie over till the adjourn ed meeting Tor
saturday, June 2sih. at o'clock y. IN.
After some discussion the proper dis
1 position to make of the land cert fcates now
on hand. IL WAS resolved and unanilnously
adopted, rs follows:
| Resolved, That the sixty-six 900 land GER
tincates now on hand, belonging to the BAL
la and wichita railroad company, be placed
In the hands OF the president, with nnttor-
fty to contract for their location aud return
OF correct Geld notes to the general land offic~
Tor which be Is hereby aul horned to pay not
! more than one NTH u-sl OF the certificate or
one nfth p-5l of the land located by virtue
OF the same; and that the president and
secretary are hereby authorized to make any
and ali conyeyaDces or transfers of either
certificates or land due any party or parties
IN payment on contracts made by virtue OF
this resolution"
1t w.s also resolved,
That the president be authorized
TO contract tor the Bling on lands 10 which
the Dallas and Wichits railroad company
are entitled es reserv alton"
Resolution unanimously adopted.
Ater consideration q motion was made
| by W. r. Cummins and seconded by y. VI
hammond, that the president and secrersry
os instructed and authorized TO ex. cute z
cash note, due one day after date, in fzvos
| of Alexander Calder or bearer. for eighteen
Thousand two hundred and six dola s and
| thfrty-ffve cents, and to deliver sain note to
, Alexander Calder. His agent or attorney.