New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-05-22

dale, dated May 18th, of which copy is hereto ap-
neIed marked NJ.
4 GMH
Portland, Oregon, May 18th, 1885,
To Henry Willard % Wal-st NY.
At meeting of Board Of Directors this morning, eight
present We passed preambes and resolution
in exact language received with Edes letter OF 18th
comforting upon the president full Discretionary power
and authority 10 do all things up tn limits Of company
corporate powers joseph Simon and BellinGor voted
T. H. TYNDALE.
Tho copies OF kilograms have hereto annexed were
some Of them In part sent IN cipher but the cop'os
have hereto annexed AFRO correct TRANSACTIONS OF such
cipher kilograms l have annexed hereto copies OF MI
tho kilograms | have received from Mr. 1yndalo or
any repre- sentative Of the Oregon and Trah'c"hHohti
Company. In Oregon, since the 18th day OF MAY ana
have added 10 this affidavit copies OF all the kilograms
that have sent to Mr. Tyndale since that period,
which l understand, and which am advised by
counsel have any bearing upon the questions at issue
In this motion am ready to produce
IN court tho original kilograms received from MI
Tyndse, and my press letter book In wh'h
my kilograms have been copied Tho tecgraphc oorro
spondcnce hereto annexed shows that before the
Injunction herein was served upon ne. on MONDAY
afternoon, May 18TH had in my telegram to Mt
Tyndale OF Sunday, May I2th, repudiaed or direcoi
him to rescind the resolutions that had been passed
contrary 10 Attorney General Williams advice and to
my Instructions and that al the same time distinctly
stated TO him that there was no intention OF ISSUING
the preferred stock before the annual election and
that also In effect told him that instead OF desiring
that the proceedings in regard t. the preferred STOCK
should be secret. preferred that they should De
known
On saturday, May 18th, was not Al my Office, but
was at my house at Dobbs Ferry. on my return 10
my home ia Ncw-York on saturday evening. Nav
llth found tho kilograms OF MAY 10Th from Mr.
Tyndale and OF May Ilth, marked respectively
e. T. and g. On sunday morning. May 18th, !!
sent to Mr.. Tyrdsle the reply marked II.
tsgned, HENRY WILLARD.
Subscribed and sworn to before me,
this nth day Of May, 1850
l.. r. KIDDER.
UASJ Notary Public.
New York County.
ORDER RoR MIR. WILLARD S EXAMINATION VA
After brief discussion bcfwc counsel on both
sides Judge Barrett decided TO vacate the order for
Mr.. Wizards examination.
IL was then agreed unanimously between counsel
for both sides that the present action should be prar
tcaly suspended until the annual meeting Of tn"
stockholders Of the company the 18th Of June" anu
that the defendants should be Permitted 10 pncrod
with their original Intention to takc all the preliminary
steps necessary for the submission 10 the Stockholders
meeting Of the question of issuing preferred stock and
that IN tho meantime the Oregon and TranSronhnrHial
Company should bc at fun liberty Ia uSr ~ oregon
Railway and Navigation Company's stock for It's or
binary business purposes.
AGREEMENT OF THr THREE PRESIDENTS.
The usubtanual character Of the plaintiff charges
In this action, and the real rca un> which l"d to the
plan OF obtaining the approval OF the stockholders I"
the issue Of preferred stock can hest be Illustrated hy
a brief history Of tic negotiations which have b~en
pendIng for ~pnc ,lmc-and which vcrc abruptly Ter
minated In April last by the action Of Nr. 'harIes
Francis Adams, president Of the Union l1rihc and
Short Line companies ooking 10 a complete viii"
mrnt Of all the matters IN coninVcfSy between The
Northern Pacific, The Unlon Pacific. tho Oregon Nai'
way and Navigation and the Oregon and IrsnSc0n-
tpentaI rompanles In tho ParlAc Northwest