Stanford - County of San Joaquin vs. Central Pacific R.R.

before whom this deposition is being taken whether that is a proper question or not.

Mr. Sanderson.[underlined] Well that involves the argument of a demurrer to the complaint and a large portion of the case. I suppose the Notary will appoint a time for the argument so that my associate Mr. Wilson who attends to this branch of the business can be present. I donot[do not] suppose the Notary has got any power to rule on this question at all.

Mr. Cohen.[underlined] 19 That is one of the points that we might as well settle now. I take it that while it is within the discretion of the Notary to adjourn the hearing from time to time I donot[do not] think that the law contemplates that there shall be any adjournment to bring in other counsel than those attending the taking of the deposition when a question of this kind is raised during the proceeding and if there is to be any argument upon the question it should be made now.

Mr. Sanderson.[underlined] It is not for the purpose of bringing in other counsel. It is counsel that is already in the case and who is prepared to argue these legal propositions or will be whereas I am not prepared to take them up now and I further deny the jurisdiction of the Notary to rule upon questions of this kind. He is acting simply in his

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capacity of a Notary and not as an officer of the Court.

Mr. Cohen.[underlined] 20. The question is before the Notary now as to what action shall be taken on this question.

The Notary.[underlined] The practice before a Notary is that if a question is asked which is not deemed proper the counsel on the other side objects to it the objection is taken down and the answer is given and that I think is as far as my practice as a Notary has ever been.

Mr. Sanderson.[underlined] You might as well put down there I donot[do not] understand the Notary as ruling that the Governor is obliged to answer the question.

Mr. Cohen.[underlined] I understand it the other way I would like the Notary to explain what he does mean.

The Notary.[underlined] Well I mean that a question is propounded and objected to and the objection is taken down and then the practice in my experience has been that the witness proceeds to give his answer. The question as to its relevancy or propriety tho court adjudicates upon and I dont[don't] think that the Notary does.

Mr. Cohen.[underlined] What action do you take upon it.

Mr. Sanderson.[underlined] I donot[do not] controvert what the Notary says upon the subject. We

decline to answer the question and he himself says the pertinency of the question is a question for the Court and not for the Notary; We decline to answer.

Mr. Cohen.[underlined] 21 I will ask the witness, if you will now answer the question.

A. Under the advice of counsel I decline.

Q. 21 In you answer in this case, lines 51 to 56 inclusive page 8 you say that: "They deny that said contracts were "made with said C. Crocker and Company "for the Joint or individual profit and "gain of the said Leland Stanford, "Huntington, Hopkins, E. B. Crocker or either of "them; or that they were so let at prices and "rates which were exorbitant or excessive "or at any rate equal to 200 per cent or "any other per cent over and above the "actual or reasonable cash and expense "of the work done and materials "furnished, furniture or equipments "furnished the same in the name of "the said C. Crocker and Company."

Will you "please"[crossed out] state what was the cash of the work there alluded to and what was the profit over and above the cost of that work?

Mr. Sanderson.[underlined] Same objection same advice.

A. Same answer for the same reason.

Mr. Cohen.[underlined] 23 I ask the ruling of the Notary upon that question.

Mr. Sanderson.[underlined] We have not yet had the ruling of the Notary upon the subject.

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The Notary.[underlined] I give the same opinion as I did before.

Mr. Cohen.[underlined] I ask the Notary to say whether or not the witness shall answer the question.

The Notary.[underlined] In this I have no right to order.

Mr. Cohen.[underlined] 24 In your answer contained from lines 1 to 8 inclusive of page 9 you say "they deny that by reason "of said contracts said defendants "Stanford, Huntington, Hopkins, and "E. B. Crocker received from the "said C. P. of C. or appropriated to "their own use or voted to their own "use or voted to themselves under "the pretense of being Directors of said "C. P. of C. or otherwise large sums of money "or any money, bonds or any bonds "or assets or any assets of said C. P. of C. "of the value of $7,000,000 or any other "sum over and above the actual "cash and reasonable profits of the "work done and materials, furniture "and equipments furnished and supplied "in the name of and under the direction "of said C. Crocker and Company or at all."

Will you state what was the actual cash of the work and "profits"[crossed out] the profits, which you there denominate to be reasonable profits.

Mr. Sanderson.[underlined] Same objection and same advice.

A. I decline for the same reason.

Mr. Cohen.[underlined] 25 In your answer, lines 54, 55, and 56

of page 9 and lines 1 to 3 up to the word Company on said line 3 of page 10 you say "said defendants "further deny that the moneys and stocks "so as aforesaid paid to said Contract "and Finance Company were in value "greatly in excess of the amount of "206,632,661.50 1/3 or any other sum of "the cash and reasonable profits for "furnishing all materials, furniture and "equipments and doing the work "which was furnished and done by "said Contract and Finance Company "under said Contract or by any sub= "contractor or contractors or employee "or employees of said Contract and "Finance Company." Will you state what was the cash of the work alluded to in that answer and what were the amounts of the profits which you denominate as reasonable.

Mr. Sanderson[underlined] That relates to the Central Pacific.

Mr. Cohen[underlined] Yessir.

Mr. Sanderson[underlined] I make the same objection and give the same advice.

A. I make the same answer.

Q. 26 When did you first become a stock holder and owner of the stock of the Western Pacific Railroad Company?

A. Well to be exact I think it was about 1867.

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