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

| anu WOufu % Wiling I'D urOp them.
Copies Of these kilograms arranged IN the form
of affidavit. which Mr.. Beaman presented as fol.
| lows:
SOME INTERESTING TELEGRANIS.
| SUPREME COURT. NETWORK COUNTY.
Elijah Smith and Edward II. Bell against the Oregon
| and Transcontnental Company and others.
| City and County of New-York, S..
Henry Willard being duly sworn, deposes and says
am of the defendants herein and have already
| made an affidavit.
| On May I telegraphcd to r. II. Tyndale, at
Portland Oregon, secretary Of the Oregon and Trans
continental Company, a. per copy OF telegram AL
| nexcd, marked a.
| T. IL Tyndale Esq, Portland, Oregon
| Pass following resolution:
Whereas, the authorized capital stock Of this cor.
| pOrauon Is fixed by its charter at the sum Of
| ESQ. 900 900; and
Whereas, Only S4o,Ooo,oOo Of common stock has
boon issued and IL is desirable 70 Increase the capital
stock by issuing the remaining Sio,oooooo Of stock,
and for tho purposes Of the business of this company
TO mako such additional issue Of SloOO0oO0 preferred
stock, with a guaranteed dividend OF per cent per
| snnum. It Is hereby
Resolved That the captal stock OF this corporation,
| the Oregon and TranscOntncntal Company, be IN
creased by the issuing of $4,000 Oc0 OF preferred
stock, and that dividend OF per cent per annum
upon such stock be guaranteed BY this company, and
for the purpose Of securing the purchasers of such
| stock perfomsce Of such guarantee, 1t Is hereby
| further
Resolved That deposit pledge or mortgage Of
the shares Of stock OF the Oregon Railway and Navgh
| ton Company owned by this company be made upon
such terms and conditions shall be approved b. tho
Executive Committee OF this cOm2an- and full power
Is hereby conferred upon the president or first vice
md sISt ptaI- nd
mittee OF this company issue the said $4,000 900
OF stock preferred stock TO execute in the namo
Of this company a guarantee OF dividend OF
| per cent per annum thereon, and TO secure such
guarantee by the deposit, pelCe or mortgage of said
shares Of stock Of the OREGON RalTag and Navigation
Company owned by this compan: in such manner and
form and under such condition as the Executive Com.
mi,tee shall determine And IT Is further
Resolved That the president OF this company be and
he hereby IS authorized sell the said preferred stock
at par, and pay to the bankers corporations or
| persons, through ny whom tho same may DO sold
or placed such reasonable commissions the Exccu.
| tive Committee Of this company shall determine
| on May l received a telegram from Mr.. TyndSlo
| OF which a copy is hereto annexed, marked Is.
| "B7
| Portland Oregon. May 7, 1880.
! Henry Willard Mills Building, New-York City:
Regular Board OF Directors meeting to day. Eight
| directors present. Carried out whole programme
|
directed Resolution concerning Executive Committee
| passed as sent, except that We made i've members
| instead Of six, namely: Willard. Colby HOyt, Bull
| and Spoford. Proxy resolution passed as sent.
| Resolution closing stock books passed sent.
Brayton Ivess resignation accepted as Of May l. with
| complimentary resolutions IIOyt elected vice prcsi.
| dent. No director In Ivess place Sale OF
| 1900 Oregon and TransoontiBeuta by president at
| market price approved.
Meeting adjourned until tomorrow, and will be kept
| alive. Secrecy enjolned and will be probably OBJ
| served Joseph Simon and Bellingcr arrived late,
after laws hsd been amended and Executive Com
| mittee changed. They ignorant these two
points, aud they ask questions about action taken
previous to their arrival Board Of Directors rati.
fed to-day the action of Executive Committee Of
| Feb. 81, April TO- and April II.
r II. TYNDALE.
On May 9th, l sent MIR. Tyndale telegram, of hch
a copy is boretO annexed marked CO
| &C"
Now-York. May 0. 1859.
| T. H Tyndale, Portland, Oregon
Submit following 70 George II. Williams, and it
legal obiectio pass resolution substituting
section 80 Of bylaws: "N0 stOclhohGr shall have
the power right to examine any OF the books o.
the company without tho consent OF stockholders OF
record owning 25 per cent Of the stock
H. WILLARD.
On May 10 / received q telegram from Mr.. Tyn.
dale, sent 10 Paul schuze Of the vice presidents
OF tho Oregon and Transconfnental Company, Of
which copy is hereto annexed marked d.
"Dn
Portland, Oregon. May 10, 1880.
Paul schulze, care Northern Paihc Ry. Co.. New York
c. W. Hanson is elected a director In place OF
Ives resigned will explain by letter.
T. II. TYNDALE.
On May 10, I received IA telegram from Mr. Tyn-
dale, OF which q copy is hereto annexed, marked F.
Portland Oregon May 10, 1880.
Henry Willard, Mills Building Ncw-YOrk
Resolution amending seCtion 80, bylaws, dIsap-
proved by Williams also objected to by Simon and by
Bellinger but will put It through If possible this
afternoon.
On May 10 I received another telegram from Mr..
Tyndale copy OF which Is hereto annexed. marked +.
az"
Portland, Oregon. May 10 1880.
Henry Willard. Mills Building, NcwYork
Meeting OF Board Of Directors this morning passed
resolution issuing $4,000 900 preferred stock, and
authorizing you TO sell same, IN exact language as
sent by you. Secrecy enjoincd, but very doubtful
better consummate quickly. Is there any hurry
about mailing mlnutes1
On May 18th, received another telegram from Mr.
Tyndale Of which copy is heroto annexed, marked c.
CO.
Portland. Oregon. May II. 1880.
Henry Willard, Mills Building. NewYork.
AT stormy moetlng Of Board Of Directors this after
noon we passed resolution amending section 30 Of !
by laws as direc ted. Belllnger and Simon in open !
opposition TO you, and decline 10 observe secrecy |
Both on record against resolutions Take action
as quickly as possible as legal steps against II ara
certain Get those two out Of the Board OF Directors
II you can
On May 18th I sent a telegram TO Mr. Tyndale, OF
which a COPY is hereto annexed, marked II.
I'll"
NewYork May IL, 1880.
T. IT. Tyndale Portland Oregon.
Sorry you forced bylaw resolution through, con-
trary to my direct Instructions not to do so If Will
Jams objected. Oregon code, chapter 7, section IL,
makes II clear that the action is illegal and there