The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1878-03-02


pegl sharss of paid up capital stock of The |
Dallas snd Wichita railroad company. this /
eaSd .iE pT mise NJ 70 psy Mas Cullen on
mapd. for work done OF said road. aud 20 \
advance sufficient Mooney 70 make up any |
amount the company may not have on /
hand Ia pay on the engineer corps now Ia |
the ieid, and to pay sli amounts ca- 10 msr- /
chants up 70 date. In fact u act a. bankers
TO said company ami TO ssiysno- them
money as they may need IL, which, inter
est, the money 80 paid and advanced 70 Ds
| refunded To whenever the said com paDy
have the funds on hand hot otherwise APP
signed ALEXANDER CALDER
BY his agent, J. W. CALDeR.
| Dallas, Texas, December Il, ls71
ENDORSED poLLoxs:
/ endorse this agreement aud bind myself
presumably, ~ the present holder. Of paid up
stock In said company. 10 stand between
! Them and all claims against the company n
men Toned IN agreement
| Dallas. Texas. December II, 1874
| Motion by c. vegefsrtb that the PROPOSE
ton be accepted nd the stock be issued by
| the secra airy in accordance herewith. Sec
onded by D. CoGnsly y. Adopted. Moved
| that the presitenI discharge the engineer
worth, who is retained 20 com plste the notes
| oil hts survey. Adopted.
NJ HAMMOND, secretary.
That the making the proposition in the
nam OF Alexander Calder was mere Sind;
aud was the nrst step In deliberate snd
well consid red system of fraud prncticed
apon the Dallas and wichita railroad c M
pany, will be hereafter more fully shown,
By the said J. W. Calder.
| That on the 18th 81 December, the day
wner by the terms Of said proposition he re-
e.ived one hundred Zoo shares OF toe paid
W capita! stock Of The Dallas and wichita
inc state of PennsyIyanfa- That ne resided
there then and since, AM ha. never been In
The state of Texas. nor had he then any
means properly In the tate of Texas, nor
my ere 1t OF business con .ectlons In the
sta nor was he personally known 20 any
members of the said board OF directors then
| present., except the said ]. W. Calder. who
| was b is son, nor had they any Know edge or
| Alexand r Calder, and the said J. W. Calder
| was Irresponsible. and the safd directors
knew il or cou d easily have known II.
That the real party making said PROPOSE
,ion wss the said ]. ". Calder, who then In
, troducsd The n anne of snoi her person in his
. | dealing with the said railroad com pauy the
. better TO screen himself from the frauds he
hen contemplated anu a'terward perpstra-
ted upon It
. make said proposition. ana tuat he did not
| know when IL was made, or that IL WAS to he
| made, nor did he ever auth rte said j. " &.
alder 10 promise 10 pay tue debts for the
! company. ennmeratel IN said proposition,
or TO become banker for SAID Dallas and
wichita railroad company.
That IN. said proposition was adopted by
he bosrd Of directors at said meeting, and
the one hundred shares OF stock Issued 10
the said A. Calder and delivered 70 J. W.
That at a pretended called meeting OF the
= board of directors of the said railroad COM
pany on the 18th of Ian uary. 1874 there were
present only j. W. Calder aud H. = Ervsy
| in person. and ID ConnaiBy and G. wexe-
Earth by proxies held by the said ]. W. Cat
der. That al such meeting The said J. W.
company in favor OF Alexander Calder FOR
y eighteen hundred and seventy dollars " hich
o ss ,o nnpsa a nitS 20 s, ns 81 ana
count, etc an the president and -ecr-tsry
ordered to give the due bill OF the company
| for the amount. The minutes show no lie :
. lied account or bill of particuIsrr, nor any
q thing re pecting the same, except n copy OF
:, the due blu signed by the presidens and sec.
:: Rotary of the company, WITH corporate se nj
attached, 10 Aiexsnd@r Calder, for the
IT amount claimed tsls5o), bearing date la ua-
a ry the stn is12. tO days before the said meet
2; ing of the board OF directors.
g That there was In fact, nc quorum of direc-
c; tors present at said Ineeting. ana no quorum
Ii com petent to act upon the said matter Of &C
count, which plaintiff ayers was the mattei
d snd Nh "s emo mo-. A Sis Cde,
,e matter which j. W. Calder, as agent foi
~ Alexander Calder, was pressing upon tn,
!. aid railroad company for settlement, an
- in which he was not competent 10 act as
- member Of a bosr'i OF directors OF the rail
&c road com psDy passing upon its validity.
a, That there was no authority In the bylaw
= | 7 In the charter OF the Dallas and Wichli,
w railroad company authorizing Il director L
q inyalid IN Jaw, and that there Was no quo
W ruto at said pretended meeting ofdirectors
and Its action j. void.
a That at q called meeting of the Executiv.
y, Committee of the Dallas and ichits Rail
Ia ROAD pany, on the 9th OF une, lhI3, Their
I'd Was present only J W. Calder and ~. =. Err
Is way. j. W Calder presented his account TO
III examination, said account was audited anC
or ound to he correct by the said pretended
IN Executive Committee, nd the secretary wa
be oidered 20 give due bill for the anou nj
ne and tbereupon the secretary of the said ran
d. .ecretary, 10 the sal j. ". Calder for 50, o.
ne dated Dallas. June 9Th, ls78.
This due bill was aft-rward changed o
set aside, and another given or 10 for sam
y; amount. signed by j. W. Calder. president
and the secretary OF said company, viii
corporate seal attached.
That by the bylaws of said corporation
the executive committee consisted OF tv
ed members of the board of directors and tn
as | president, and the said action Of the execu
ck tive committee was void and the due bill q
ely no validity.
That there were no vouchers and no &C
le- count died by said Calder at said meeting.
TIC. That at a called meeting OF the board {
An directors of said railroad compsny, at II
office, on the 5th of January, 1874, II. y. Fl
way and J. A Bullen, mem beers of the DO r
. of directors, were elected mem bers of tn
That at q called meeting of the executly
- committee of said railroad company. at II
office In the city OF Dallas, on the 'st day
~ June, 1874, the account of ]. W. Calder va
Is prese nted for auditing and Sci Element A tie
az, examination the claim was found correct,
-. aud by ORDER OF the executive committee
dent o Dallas and Wichita railroad con
pany, and countersigned by r. ST. Han
IN mend, secretary, with corporate seal of sal
ct com pAny attached, Tor nine Thousand seve
AZ hundred and four dollars and nuy cent
on ssgI0i Sn, to the said ]. W. Calder.
ne That there were present only two me n
re- bers of the executive comm itee. the sal
W. J. ". Calder and j. A. BuIien, and the sal
M M Calder. being Incompetent there was n
no quorum 10 act upon said matter OF accouI
t Ss and note, and that the proposed action va
ha holders OF the Dallas and Wichita rsiIroa
"a, Company held at their ONCE In the city
" y. Dallas, January sth, 1913. the number {
M, IN, tors were elected and constituted the boar
I'D of directors.
nd That at Meeting of said board Of dire,
tors, at their office, on the z5th Of June, Is3
sba the following proceedings were had:
an "OFFIcE
M DALLAS AND WICHITA RAILROAD Co
2, AT an adjourned meeting of the director
hid of the Dallas and Wichita railroad con
he pany, held In their Office, N the city o ia
to ss ON TIE "a G sss Of jane ss thsr, ws
In way, W. r. Cummius, q. W. Erwin and
ay NJ. Hammond. W. NJ. Nelson By proxy. an
q, calaer ny PROXY; W. L. Csoeli and J.
7as The reoort of the executive committee b.
rs~ | ing called for, IL was moved and adopte
as that on account OF the alb ence OF W L. c,
81 bell. of the executive com mittee the said n
~, ort lie over I'M the adjourned meeting .,
lu- saturday. June 26th, ~ O'Clock p. IN.
After some discussion a. 10 the proper di
of position to make of the land ertincates NO
o. on hand. II resolved and unAnimousi
ct adopted, follows:
40 Resa ned, That he sixty six tsa, land &c
aid tincHtes now on hand, belonging to the Ds
Ihe lac and " iciits railroad cnm pany. be plnce
In the hands OF the president, with autho
the ty 10 contra for their location aud retur
by of corr 81 Id notes TO the raj land ONE
Mt | for which he IL hereby AIT horised 10 Day n,
The more ID an one nfth do OF the cerridcat .
w cns-ffth (l-sl Of the land located by Writ
e OF the same. and that the president an
The secretary are hereby authorized TO IN axe an
ESQ., aud all conveyancer or transfers of eth,
os- certifica' es or land due any party or parti
her in payment contracts m ade by virtue
-es- this resolution"
lay 1t WIS al 50 resolved,
ose " That the president be authorize
.rd, 70 contract tor the filing on lands To While
an the Dallas and Wichita railroad csmpsr
Llso are en-, tile ressf ation.''
the Resolution unanimously adopsed.
or After consideration a motion was MAJ
by W. r. Cummins snd seconded by r.
&C. hammond, thai the president and ss-cretal
ex- be instructed snd authorized TO execute
sse cash note. due one day after date, In fAv
icb of Alexander Calder bearer. for eighties
per thousand two hundred and six doila : III
hey thirty five cents, anc Ia deliver said note
AXE Alexander Calder, his agent attoru-
on uy on the surrender of the due bills of ii
ing Dallas and Wichit1 railroad com pany ov
e of ed and held by him Tor that amount, vi
pg. A due bill tor thiTty-six hundred and thirf
Tors one dollars and eighty-three ceuts, (x3,6gi
pa | drawn In favor of ]. W. Calder or ord.
!, J. dated Dallas, Texas, November ssth, Is
all also due bill for eighteen hundred a,
{. d seventy dollars, draw IN favor OF Al xs
Iaid der Calder or order, dated January 9Th, ls
rty, also a due bill for three thousand dolls
n.y. isS.oS.l dawn In favor OF J. W. Calder
bearer. dated Dallas, Texas, June 9TH. Ii.
ola b..