Year: 1867

Col. Hamill, United States government
agent, was read as follows:


The undersigned, majority of the com
mittee appointed to confer with Col. .Hamill,
the agent of the government of the United
States, beg leave to report that they have
discharged that duty. Col. Hamill exhib-
tied to- them full and plenary power 10
represent the government IN the collection
of its claim against the company, cons
tracted by NJ. Burns, as President of the
road, for engines, cars and supplies,
and to enforce payment, stating that
he considered himself authorized 10
take possession Of the road and appoint a
receiver if satisfactory arrangements are
not made, He also exhibited an order
from the Secretary of War, through Gen.
Thomas directing him to eaferae eoliec-
stion, arr a copy of a telegram from the
President of the United States, stating
that III. Burns, the President Of the road,
had given assurance that he could arrange
to meet the claim by the 10th of this
month, upon which the President advised
that time be given till then. Col. Hamill
also informed us that NJ Burns had been
notified not to pay the late dividend orany
dividend TIL the government debt was
satisfied. He stated that $98, 900 Of in
terest Is now due and unpaid upon the
claim, which must be paid by the 10th inst,
or no longer Indulgence will be given, and
that the whole debt must be paid by
monthly instalments as fast as the road is
able to pay out of its earnings, and that no
further dividend to the stockholders viii
be permitted by the government till the
debt is paid OFF He stated further that
the government did not pretend to take
sides in the election for officers of
the road, nor would it interfere as between
the two boards. as all it wanted was its
money and this it was determined to have,
and that it had been put off and bafled by
Mr. Burns as long as it intended to be-
Whenaskedif there wasno probability
claim of the road for the use of track dur
ing the war against the government being
allowed as a set off against this claim by
the government, be replied not the slight
eat, as a railroad was considered as an in
stTument of war, much more valuable than
battery of artillery, and that the govern
ment was no more bound TO pay the use of
the one, when captured, than the other;
that if the company ever got any anything
on that account it must be a matter of grace
and mol Of right. -ai .ats ( a-


Your. committee are satisfied that this
places the affairs Of the road in precarious
condition, and dissipates all the delusiye
hopes of a settlement of this claim by set
ting off our claim on the government
against this debt by which the stock
holders have been deceived by Mr.. Burns,
the President of the road, in his late can
vass for reelection. ffFua


Upon an examination of the charter,
your committee deny the right of Mr..
Burns, the President of the road, and the
then acting Board of Directors to contract
this debt, and insist that it was done in
violation of the charter of the company.


They, therefore, hold that said President
and Directors, and not the company, are
liable for said debt, and in the event the
road is seized by the government, or the
company is otherwise compelled by the
government to pay said debt, your
committee recommend that the Directors
of the said road bring suit against Burns
and the Directors who united with him in
contracting said debt, except such as pro-
tested according 70 law for the recovery of
s.tii sam thus Illegally taken from the
road, and for the indemnity of the road
against any loss or damage sustained on ac-
count Of this Illegal contract. All Of which
| is respectfully submitted.


joseph +. Brown,
!