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Q. 27 Did you become the holder of the stock by subscription to the stock of the company or by purchase from others?
A. By purchase.
Q. 28 Is the amount of stock owned by you shown upon the books of the Western Pacific Railroad Company?
A. Is the stock now owned by me?
Q. 29 I say will the stock books of the Western Pacific Railroad Company, show the amount of stocks owned by you and from where it was derived?
Mr. Sanderson.[underlined] I object to that the books are the best evidence of what they show.
Mr. Cohen[underlined] 30 What do you say to that?
A. I say I dont[don't] know. They may show I presume so; but I dont[don't] know what they show.
Q. 31 Where are the books of the Western Pacific Railroad Company at this time?
A. Well I can only answer to my opinion and belief that they are with the present Secretary of the Western Pacific Railroad Company.
Q. 32 Are they under your control?
A. I suppose all papers may be said to be under the control of the President of the Company, but they are under the immediate control of the Secretary of the Company.
Q. 38 Will you produce the stock book of the
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Western Pacific Railroad Company. Where is the office of the secretary of the Western Pacific Railroad Company at this time?
A. In this building corner of 4th & Townsend.
Q. 34 The building in which you are now testifying?
A. Yessir.
Q. 35 Is the secretary present in this room?
A. Yessir.
Q. 36 Will you instruct him to produce the book inquired for?
Mr. Sanderson[underlined] — I would not if I was in your place. You can do just as you please. There has been no suboena[subpoena] duces tecums issued for you to produce the book.
A. Well then I decline I dont[don't] feel like helping very much in this case.
Q. 37 Were you a stockholder of the corporation known as the San Francisco Bay Railroad Company that consolidated with the Western Pacific Railroad Co.?
A. Well that is going into matters prior to this consolidation with the Central Pacific I suppose the objections were as to anything prior to that. Well I will answer if you say so. Well I was a stock holder.
Q. 38 When did you become a stock holder in the San Francisco Bay Railroad Company?
A. At its organization I think.
Q. 39 Did you subscribe for the stock of
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that company or acquire it by purchase?
Mr. Sanderson[underlined] That question is objected to for the same reason and the same advice is given.
A. I decline under advice of counsel to answer.
Mr. Cohen[underlined] Q. 40 Do you refuse to state how and in what manner you obtained the stock of the San Francisco Bay Railroad Company.
A. Under the advice of counsel I decline to state.
Q. 41 After the consolidation between the San Francisco Bay Railroad Company and the Western Pacific Railroad Company whereby another corporation was formed known as the Western Pacific Railroad Company was there any stock of the Western Pacific Railroad Company issued to you
Mr. Sanderson.[underlined] We have no objection to that.
A. Wont you ask that over.
(The question 41 is read to the witness)
A. The consolidated Company issued to the members of that corporation such stock as they were entitled by the terms of the consolidation and I received whatever I was entitled to of course it must have been issued and that is
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the way I think.
Q. 42 It is shown that after the consolidation between the San Francisco Bay Railroad Company and the Western Pacific Railroad Company the Capital stock was increased from 5,400,000 to 10,400,000 was any portion of that increase issued to you?
Mr. Sanderson[underlined] In the first place I object to that question because it assumes a state of facts which has not yet been made to appear.
Mr. Cohen.[underlined] 43 Yessir it appears in Mr. Millers testimony.
Q. 43 At the time of the consolidation between the San Francisco Bay Railroad Company and the Western Pacific Railroad Company how much stock did you hold in those corporations and each of them?
A. I donot[do not] remember.
Q. 44 Have you any means of ascertaining?
A. Only by the stock books.
Q. 45 Will you refer to the stock books and state.
Mr. Sanderson.[underlined] He dont[don't] consider him self under any obligation to hunt up testimony for San Joaquin County.
Mr. Cohen.[underlined] 46 Where are the books of the
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San Francisco Bay Railroad Company?
A. I am not able to say.
Q. 47 Have the records of these different corporations of which you were President that have been consolidated into the Central Pacific Railroad Company passed to the Secretary of the present company?
A. I presume [caret]"that" they did although I have no distinct recollection upon the subject. It would be in the usual way of doing business.
Q. 48 I will ask you as a matter of fact did the San Francisco Bay Railroad Company keep any books?
A. I presume they did although I have no distinct recollections upon the subject.
Q. 49 Was it not a corporation formed simply for the purpose of being consolidated with the Central Pacific Railroad Company?
A. Nosir.
Q. 50 Did it have a separate existence distinct and apart from the affairs of the Western Pacific Railroad Company at an time?
A. Yessir.
Q. 51 In your answer in this case lines 44 to the word large on