The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-02-28

patt1i al pnrf. ufluH aa 90, Apf were
b.FnppIlti lu HuF Wli No inr usr1 ~ 80
a. fn-l rlHpipt .N ltN N4fi WI,
iululttl loom H1 lfrs a 90 ni hill ~ HNtl
rt. pHUR,tur Hl NlN Nlna M ~ q lhpHNf
tfful WHil iNH piIII7 mi hla lHNN llf .Hl
yIaliaurri goo 3 M rlll.Ns ss'lN w.
pu upuu ile J. rlu aHd l rrant htpn
Nill 'uIarr % upi voucher NO. nHf 4N
arf4Hut HiaiHll lE ihr nlll. NJ lf 1firla
0iafil q Wpl4ltn NN@ iNlls ~ Hi9 'Natp
~ Hans hurli aep unia eyrF nEislali inrE
wrIn DESTROYED ~ Wilnhrl ~ nFitAlltl
siHie q, ur concealed ~ lue aali W w. VAN
Oh ~ w ais ennniynpee, ...,..
1iai inp hyrlAWs nl sald o0npanY REQUIRE
lull and nKplipi lnppTia lNW 10 plll ifis "
hu niadp ~ tho regular HrnllnHa ~ Hll ~ ~
NJ tnp company WnlNn ipmp lNlp Hlell
hands. . ...-,.,....,
iua sugli lIflrudhi nulay inr sali COMPANY
huilt az ialifn.ali Aul Il n nnlhlnH lpW ~
mo saIAr EpHpt nave Hpup nffrl m ilf
ana seventeen mll snl lhp fnAl BiNl n hh
lhia last, 10 iar a. " W 80 phll ~ ~ sas
n 10 fGT Win "a pafl ri thp hpnls ~ lhp tllS
IA Dallas, hnrn nbhilfH fuinIfrl "a,
Pain iiihlaIetthal lhp hHli account ~ y
W calder ~ Tho name ~ 4, CALDER was
Tales ana lisuiNl AZ rpnfl no, Anl without
mnupg advanced by spn a calder lhal y
ai1 uuly flr small amount Hnl lhhl u
ma lnns Binrf been returned a. hlm ny tho
sai4 \, n, Calder 90 president ~ a4li ran
"Ihh abtlOip,ling, ~ above stalsd, "a :
hf WOull nui hr irialnrl ah pfrallrnl 90 40
iur iinrf uf thrnpud ul UlfrD 1r ~ ~ pal
Ice nui WlpNiW riiilNtl q .nnNhl hNHi lhp
annual UrsllnA ~ lnr hinrN hnlltint lnIHH
nary, lh,U, uu ihu 10 li iHnHATy lnn, illf
dsF ut no -tu0Rhnldpls' uIn tHntlln, thp
SAID j, W, alder, Hal Urea ulnf u ana NO
pIuEipH, representing lu ~ hAiA'lnul Vpil
suarrh ~ sNnNi lnul ~ llh ullNn ul hNl
company, ~ lhe pl,f ~ pNllAa, ANl h4pufn,
,lnuA, ~ tnt aDtl VI January ihib, ahd post
unnud thn elbl,lnn Of directors ~ thAi lline,
Inis dlnurnpd nprlius was never htll ~
the aiHib tlinu AZ lhp ON itpl lhp hul !hlF
! ludl company sixteen plhpr slorkh0ldriHi
! I'VE OF tnnn by plptyi ana representing ~
| IN ZOO u the uApit Al ainpA ~ ehld company
| MOI ln convention Ihp SAT- Calder ahd
iuusu Wnu acted WIN hlm were also present
Hud hn vas rrl iphlnl py ne hhll piLllps
| + praseut NJ lui shares NJ aluph, ~ pfos dent
ufInu Cutuphiij ~ upru lue cOnYrnlpnt nut
| thn aaiu I W Calder refused ~ do ~ ~ "a
nave anything ~ 40 WIN lhtlf mptllhB'
| The cOyrutlun was thfn lgnhllpi ANA thp
| BrHTslAry, q, NJ, II .nlnunl, Whu Absrnted
| himHtll, was Huui ipr hs declined GOWingi
add refused I NYu 40 tho books Of minuleh
| and pHpuia NJ iur ruuppliAt
| IA frupnu SECRETARY pro tom, Wh1 az
pOIuifd, rud II btlug HbOuTtniuel that tho
/
majority 'ul the Ctpitnl hlnOk ul thn ruiupts
uy, tho convention plurr dud % tho election
Oi Il 10 hrd OF dlltr uUh lul lhu Arni Nih nub'
Gruurnlly ~ lhwu m'rtuW OF TIC h1ari :,
| uTt4l cent Hud fruiutuy ana ulhur ulltrTa OF
| Inc comp my Weluritr,Hli .,,
| Ih q uullug tails ,luu thyahld j, ", Cnldri
aud his aHul Ufy, w. NJ lltnluuudi Wlth'
! held thr uuuEHOi ulhulrHUud puptih ~ ne
rHlu Titt rlud company tuu posi- lvul fUluh'
ud 10 gvc thrm NJ, hrsid Chlor making II
IurluulUun 10 lllR nulr nlui ui Ful buukai
that the baid Nllio Il company hnuUld buy
hiA sock and ave II IA 10 muriRnsu ~ secure
debt duo 10 A, Calder lUr which Tho more
gnpa of the l7th VI u cumbrr, no wlH exc
Cuttd, az above stated,
IhH, the charter al lno rallrua company
required that tho ilmt llyo ml!uH Of tho Track
of tho railroad from tnu city at Dhll.H,
lRhuuld b. iuMhod by tho fnt ol July 1870,
q, the UhUrinr NJ the company would be for
hitUu, The limu ~ 40 lhA Whi htn thuri
nud "a majority ~ uUd buHld 81 dlfeOiu, u
LnIinp tho loss at thrir Oh .rtuf " fOtar "a
Of the company, ana the SAID u, W, Calder
pos tVoN ,ulumng 10 glyp thuln up exgupl
upon the totms stated nboNr, ala on tho "a
Of February, lojd, pes u resolution 10 give
nn obligation und uSu uteH mortgage 10 sc'
ours the said j. ". calder, ANA tho same
Nerr executed, 10y the Mud railroad com
puny, "a copy Of hul nor gng" IA nlud
hoein, marked Exhibit "B, HltUH copy II
| MN ~ OhAlhhlllll IlNlhNN lfNlllllN Va
plnntiil satin thui Hnli board Of III tctOr'
MA no power orX Cutp sud MORTGAGE, out
by tnVir charter cnh htRNu hud execute II
mortgage OF inc property OF bhll corporation
only Tor the purpose or purposes olConslruc'
ting tho ullfuAd OTIS III company, Ruu that
g1II mpltEdge % no sal \ Calder .bl I
In tho name ( A, Calder, uul !, ", CdlGei
being really the party ~ ] t,rvNti telns FOL
pr, tended debts pa I duo nnd lor stock ~
HnId CORPORATION n UNrt rPrf ANA void,
mat the said Hlirgod debts OF the taid rail-
road COM any to the ruid A, alder, upOn
which suld pretended iburlgago OF the l7tn
day of December 1910, Was prvdl ddtcd, were
Ot Ton the purpose OF COng' TuCti " the RAFT
road OF haid company but were aud are
spurious Nnd HClltl Iua, IN H. ana fraudulent
: and D mo tlgngn made ~ said COMPANY
pr posing 10 secure themi Is of no validity
ana To the extent OF such debts tho oh, liza,
ton given by said Dtll ~ and Wichita AL
ruud company ON Ia 81 Ot February, 1876, /,
void for tnNt cause,
That plaintil tx " stakeholder In the SAID
Dallas W chita rulrOau company AND
IN also largely Interested IN other respect,
which hO will hereafter state, and plaintiff
says and submits 10 this honorable cOur
that the action OF snid board OF directors IN
giving said mortgages Of he l7th of Dpcem
Der, 1875, ana of the 81 of February, 1879, l,
not Dindtng u ION the said company or The
stock uolders thereof, ana the same are yoiU
and should be set aside aud cancelled auo
that the obligation given by said railroad
company to the aid A. CALDER On the "a o
FeOruary, 1876 being without consideration
. and fraudulent should also be cancelled.
That the board OF directors of the said rail
road company elected on tho I'd OF January
1876, set the hselvos illlgently to work to Sc
cure the construction o the said railroad
ami among other things done by said buarC
they made contract with Arson Moore anC
NJ, Henderson, on the - day OF October
1876, for the construction of tho railroad o
said company, The teraS of said contract
nv
dates, with the contract subsequently mad,
with said NJ. Henderson, which win b,
hereafter set oul in this petition.
That the said Moore aud Hen ierson failed
To CO.. Ply with snld contract of the I'd O.
October, 1876, and on the Tth OF Novembe
1876, by ar5so alton of said board of direc
tors the said contract was declared for
fited,
That the said NJ. Henderson knowing thai
Moore and henderson would not be able u
comply with cir said contract and antici
pattng the subsequent action OF the b.. rd o
directors declaring 1t forfeited, was DESTROYS
to secure renewal OF the contract with tn,
said tailroad company, and to euab o him
self TO uoto by giving 10 the said company
satisfactory guarante tees Tor the performanc C,
OF such contract on has part, the said Hen
derson applied TO the plaintiff to aid him il
getting the iron for the first ave mi es of the
track OF said rhltrond tlOm Dallas and hay,
the same laid on the road, and ON the rs 4
OF October, 1876, plaintiff entered into con.
UNIV WIN we Ndll NJ. lktuut1hOn 10 AID min
in procuring the iron for said five miles O.
trncil and IN putting 1t down on The tack
and to reimburse and secure plaintiff saic
henderson bound himself TO turn over Il
plaintiff all the subSldie he should receive
from the said rnllroat company TO be held
by plainti1 and If necessary to be used by
MIN IN discharglng any obligation plant I
should incur, aud reimburse him any mon.
eys he should pay out in procuring said iror
and in having laid upon the track Of said
ra lroad.
That before making said contract with
said Henderson, taat pinintiir who was
then in st Louis, telegraphtd TO the Dallas
ana wichita railroad company to know Il
inc company Wou d renew said ntract
with Henderson II he would become respon.
sible for Its fulillmeut H. furnishing tht
iron for the ilrst five miles of track of rail.
road, ana received an answer from the IN.
pany that they would renew 1t COPIES OF
said telegram and the answer thereto will
be hereafter filed rs exhibits hereto and
made a part treSt. That upon the faith of
ia