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

pHrtui tnr pInruHl. ui tnr na 40, Nor We o
inry applied ln any Wal ~ lhn uara ~ sea
lr hH aun pfradrul, 40 mo rlNfn ~ ~ Il.
miuiHtI illun 400 pres lnui NJ hNld 80 llnM
pH. uHuN,lU ull .lult lnps ul hNI. WpHn9
tom wan me proofs NJ hlh lulurlly nui
YlHiiHHrt ~ sHll * up Nluna ht ill no
Htlu iHliIuHd umpsufi Hul h "a X luuW
pu upon the 3 n0ld n1d lu spruuu Alpu
Wull tuuTr n not yuururru NO. mar Hu
account Hlsiri, lr the ulilHr NJ llohrriu'aiy
NlH company mr. AuAlhln- ln nh3 ah pn
wHatuYu ~ SNOW villa aaid apguu u " 10
I e. lfany huGl ac0 lunlh ever existed lhey
were destroyed uf Withheld N hereafter
Hlhiul, ~ concealed by tho said j, W, lald-
en- ~ by his COnnlyauOe,
Ihul the byrlaWs pf haid company require
iuil nud explicit reports nom lih officers 70
~ made ~ tic regular meetings ~ all aA iuh
OF tue company when come lnl1 lhelf
hands
Ihal the said J, W, Calder notwirhstand'
ina su0h Ilnl0udod outlay for Hhld company
uuilt no railroad, ana I'D nothing tow ~
lhu haiuu except W have huuiu urYrY made
Hud seventeen mll nf the rOhi giad ~, an p
ms last % Tar a. ~ Wih phld az all was
u Ia far win a part OF the ponds ~ tne tltS
~ Dallas, hrfelnbuiDIB referred 10,
flulnliii hlnto' thhl no hull account ~ j
W Calder IA the uaae " A, Calder was
false uud lmudultut Hpull us, hud without
JuHi iuundul luni lhal II nay lAll ~ II Whlur
money advanced 10y hild a Calder lhht ~
~ illllN lNl "a NlllNIl NNNbhANf INV NNNNA ~
has long hinco been returned 10 him by the
Sall \, w. Calder ~ president OF sdd rall'
ROAD company,
Thai anHciplllnB, as above stated, III /
no would nor be- retained ~ pfr1ldtnl or MAJ
muubrr al tho bpud ~ dlrpulufH OF tI Dt
annual Wrrulg Of the hluoF hplduW, ioItp
navy 1876, on lao M ul January lNU mo
duY ui Tue rllrhhuliua' cunNuhu1Hj Inc
HHid j, " tuluOb HNu throb utu-r and WO
al IA j IL.
nhartU VI i. Ub, mot 40 the ullOs 81 I'D
cnmp1ny, IA the city OF Dallas, nuG H4l luIu.
ed tlr wa at Riiliulaut rulIuHuntHuI ~ Oi
stock 10 he 2Dtl Of January 1876 ana post
punui tho election Of directors 10 ma tlmu,
Inla dlpulnud meet ng was never nod ~
tho same tlug at The ON % the said mll.
road uulupuny sixteen ullpr Hlu0lghuld ~,
nyu OF tnum by proxy, ana representing tul
III tfo1u. tho capital ptnua pi aud opnpubS
MOI In convention Tho sli Calder Rud
aud no was rrq H.ed by The said parties
present NJ iUi shares VI stock, us pres deut
uf the cOupuuJ ~ open llo convent on, Dul
the sald j. W, Calder refused . do ~ or TO
nave anything To 40 WITH Their meeting,
lnc convention was then rganlzei Uud inc
secretary, H. NJ, II almond, VINO g"Spuied
himself, WIS Aiut for he declined coming,
~ Il refused g. give up lhu books OF mlnut0S
aud papers Oi ihe company,
IA feupuu . tcfetHy pro tom, Was APP
purrong present reps Nenlel more Than u
majority OF the capitol stock Of the cOmpn-
ny, the convention prOoo 'drd ~ tllu election
OF Il board OF dlrvc OrH iurthu youl 1875 sub
HvQuunlly ut luwiul inveLug, OF the uOlru a
plcsi 4Unt and secretary ana O,hur on 1crs OF
Inc company were elected,
IA tuuruR tots zine tbeNNid i, W, Calder
ANA hla arcr ln,y, y. VI, Hammond, With
hold the luuFSui minutcs ana pupCls of The
raid railrnul company aud posi- Vel rHfus-
ed OElYe them up,lhot Calder making II
u condition 10 his Sufttn Ter OF tuld books,
that the said railroad company BhOuld buy
his sock and give hun u mortgage I, secure
pnymcnl Tor the stock ana the pretended
debt duG to a. Calder, for which Tho muri-
gugo OF the l1th of DtcemheG isii, was exc.
Cutrd, ~ uUaVo stated.
Ihit tho charter Of the rallrOn company
required that the tlrsJ i've mi os of the rack
of tho railroad from the city Of DALLAS,
Hhould b. finished by the first Ol JUN 1876
or the charter III the company would be for
| luitod, The time 10 do lh,S WH3 hen short
ana majority OF said board of diyHItu a
| fnrlnE the loss OF their on trIer " retHr cd
longer h, the want Of the books ana papers
OF tho company, and the said j, W. calder
! pos lively refusing TO give them mp except
! upon the terms stated above, ana on the "a
| Of February, 1876, pass II resolution 10 give
au obligation and exc ute "A mortgage 10 Sc.
euro the saul j. W. Calder and the same
| we're executed, by TN said railroad com.
| pany "a copy of said mug gnga IA llrd
herein, marked Exhibit Oh alson copy Of
SAID obligation married E%uiDit "U.v
| Plaintiff saith tnuL said board of Ill eCtOTs
! mad uu power 10 OK cute SAID mortgage, out
! by their charter can h0 Ae and execute n
mortgage of the property OF sAiJ corporation
only Tor the purpose or purposes OtCOustruC-
| ting tho abroad Of I'D company, ana thRt
| suiO mortgage 10 HE sal A Calder btl,g
In the namo Il \. Calder, Tut j, ". Calder
| being really the party IN tsgest, being for
pretended debts past due and for stock in
said corporation TX Htra wref and void.
| That the said alleged debts of TIE said rnil-
| road com any TO the said A, alder, upon
which said pretended mortgage Of tie f7ln
| day OF December, 1870, was prtdItGtUd, were
OF for the purpose OF Construct ly the rail-
road of Sald company but were and are
spurious and fictitious, ia Sc ana fraudulent
| and TIE mo tguge made hy said COMPANY
| pr posing TO ecure them, is Of no validity,
and TO the extent of such debts the ob.ig.t-
| ton given by said Dallas and Wichita fail.
| rOal company ON tn I'd OF February, 1876, il
| void for that cause.
ThatplHintth is stakeholder Ia the said
| Dallas and W chita r,ilroad company and
| Is also largely Interested IN other respects
which lie Will hereafter state, and plaintiff
says and submits To this honorable court
| that the action OF said board OF directors in
| giving said mortgages of The 18th OF Deem.
| Der, 1875, and of the 81 of February, 1876, Is
not binding upon the said company or the
| stock uuldera thereof, and the saYUe are void
and should be set aside and cancelled, and
| That the obligation given by SAID railroad
| company to the aid A, Calder ON the 81 o.
February, 1876 being without consideration
and fraudulent should also be cancelled
| That the board Of directors of the said all
road company elected on the I'd of January
1870, act the nselves illgently to work to Sc
cure the construction o. the spid railroad
an among other things done by said board
| they made contract with Arson Nj ore anC
NJ. Henderson, On the 3 day of October
| G. y at ip,, fNT
said company. The ter rs OF said c0ntrac
We're substantially the same except AS u
| dalea, WIN the contract suOseqde mad,
with said NJ. Henderson, which will b,
| hereafter set OGt in this petition.
That tn said Moore aid Hen ierson fnilct
| to co ply with said contract of the "a o
! october, 1876, and ON tRe 27lh OF NoVem Der
| 1915, 10y r. so alton of said board of dileC
tors the said contract was declared for
| t tied
That the said NJ, Hende son knowing tina
| Moore and lender on would not be able Il
comply with cir said contract and antici
| patiug the subsequent action OF the b rd o
directors declaring Ii forfeited, was dpsiron,
| to secure renewal of the contract with tn,
said railroad company, and 10 enab him.
self 10 dobo by giving 10 the said ComuauI
satisfactory guarantees Tor the peTiOrmanc Ct
OF such contract on has part, the said Hen.
detoon applied 10 the plaintiff to aid him In
getting the iron for the first ave mi o. of IN.
| track of said mi road from Da las and novg
the same laid ON the road, and on the As h
OF October, $50 aluintit entered into II con.
tract with ,he said NJ. Henderson to aid MIN
in procuring the iron for said five miles oi
track and Ia putting 1t down on The ack
ana To reimburse ana secure plaintiff said
henderson bound himSe 10 turn over 10
plaintiff all the subsidie he Ehould receive
from the said railroad company to be held
oy plaintiff and If necessary to be used by
him in dlschargng any obligation plant II
Shonid incur ana reimbu him any mon.
Us he should pay out in procuring said iron
and In having 1t laid upon the track of said
ra lroad,
That before making said contract with
SAID Henderson, t2at plaintiff, who was
then in 81 Louis, telegraphed to the Dallas
and wichita railroad company to know II
the company woud renew said @ ntract
with Henderson II he would become resnon-
sihle Tor It's fulhllment IN furnishing The
iron for the frs five miles of track of rail.
road, and received IN answer from the com
pany that thy would renew IL topics OF
said telegram aud the answer thereto will
be hereafter filed rs exhibits hereto and
made part hereof. That upon the faith of
I'll favorable answer by the railroad com
al NIa... L H.