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

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Deposition of Edward H. Miller, Jr., in the lawsuit County of San Joaquin vs. Central Pacific Railroad Company. Miller was the Secretary for the Central Pacific Railroad Company.

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In the Superior Court of the City and County of San Francisco Department No. 7.

The County of San Joaquin

vs

The Central Pacific Railroad Company, et al.

Deposition of Edward H. Miller Jr. taken before E. V. Joice Notary Public on November 29th, 30th, and December 2nd and 6th A.D. 1880.

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Last edit almost 4 years ago by cgonzalez
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Be it remembered that on this 29th day of November 1880 before me the undersigned Notary Public in and for the City and County, and pursuant to due notice given, appeared before me Edward H. Miller, a witness to be examined on the part of the Plaintiff and also came A. A. Cohen Esq.. Attorney for plaintiff and S. W. Sanderson Esq.. Attorney for defendants and the said witness being by me then and there duly sworn deposed as follows:

Testimony

of

E. H. Miller Jr.

Called as a Witness Sworn

By Mr. Cohen

Q. 1 Please state your name, age, place of residence and occupation.

A. E. H. Miller Jr, age, 54, Residence San Francisco, Occupation, Secretary of the Central Pacific Rail Road Company.

Q. 2 [crossed out:] "(This is the suit of the County of San Joaquin against the Central Pacific R.R. Co, and others in which this deposition is taken.)" How long have you been Secretary of the Central Pacific R.R. Co [Central Pacific Railroad Company]?

A. 15 or 16 years.

Q. 3 Does that time include the Secretaryship of the Corporation Known as the Central Pacific R.R. Co of California [Central Pacific Railroad Company of California]?

A. It does.

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Q. 4 When did you become the Secretary of the last named corporation, the Central Pacific Rail Road Company of California?

A. Some time in 1864. I can ascertain definitely, if it is important; but I have forgotten the dates. [caret bracket]Examines book[caret bracket]. I dont find it; I think it was in 1863.

Q. 5 How long were you the Secretary of the Central Pacific Rail Road Company of California?

A. From that time until its consolidation.

Q. 6 Go on and state then without my asking any further questions, the consolidation with which company?

A. Up to the date of the consolidation with the Western Pacific Rail Road Company.

Q. 7 Which was in June 1870, was it not?

A. Yes Sir; I think it was in June 1870.

Q. 8 Were you the Secretary of the Western Pacific R.R. Co [Western Pacific Railroad Company] also?

A. Well, I don't know. I will have to look and see about that, if I was. I was the Secretary of the Western Pacific at one time.

Q. 9 You were the Secretary of the Western Pacific Rail Road Company at the time of its consolidation with the Central Pacific R.R. Co of California [Central Pacific Railroad Company of California]?

A. [crossed out:]"Does that show? Is that the consolidation?" Yes, Sir.

Q. 10 As Secretary of those Companies, the Central Pacific R.R. Co of California [Central Pacific Railroad Company of California], and the Western Pacific R.R. Co [Western Pacific Railroad Company], were you the custodian of their records, books of account and stock books?

A. I was.

Q. 11 What was the amount of the capital

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stock of the Central Pacific R.R. Co of California [Central Pacific Railroad Company of California]?

A. It was originally, Eight million, five hundred thousand dollars; it was increased to twenty millions on or about October 8th, 1864; and on or about July 23d [23rd], 1868, to one hundred millions. At the time of the consolidation with the Western Pacific R.R. [Western Pacific Railroad] it was one hundred millions.

Q. 12 What was the Capital stock of the Western Pacific R.R. Co [Western Pacific Railroad Company]?

A. Five million, four hundred thousand dollars.

Q. 13 Was the County of San Joaquin, plaintiff in this action, a stockholder in the Western Pacific R.R. Co [Western Pacific Railroad Company]?

A. It was.

Q. 14 "About"[crossed out] Of how many shares?

A. Twenty five hundred.

Q. 15 Who constituted the first Board of Directors of the Central Pacific R.R. Co of California [Central Pacific Railroad Company of California], if you know?

A. Leland Stanford, Charles Crocker, James Baily, Mark Hopkins, L. A. Booth, T. D. Jodah, C. P. Huntington, D. W. Strong, and Charles Marsh.

Q. 16 How long did that board remain as Directors of the Central Pacific Rail Road Company of California?

A. To November 26th, 1862; when L. A. Booth resigned, and J. F. Morse was elected to fill the vacancy and on December 14th, 1862, Charles Crocker resigned and E. B. Crocker was elected to fill the vacancy. The board stood in that way until July 14th, 1863. That answers that question and I might go on and trace it through, if you want it traced. On July 14th, 1863. "That answers that question"[scribbled out], the annual election took place.

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Q. 17 State the changes merely.

A. I have got them so fixed that I dont know as I can at that election, Leland Stanford, T. D. Judah, C. P. Huntington, Mark Hopkins, James Baily, Charles Marsh, A. P. Stanford, L. A. Booth and D. W. Strong were elected. At the annual election held October 8th 1864, were elected Leland Stanford, E. B. Crocker, Mark Hopkins, A. P. Stanford, C. P. Huntington, Charles Marsh, and E. H. Miller Jr.. They were re-elected annually up to and including July 13th 1869. On October 21st 1869 E. B. Crocker resigned and Charles Crocker was elected to fill the vacancy. The Directors then remained the same up to the time of the consolidation.

Q. 18 Who were the directors of the Western Pacific R.R. Co [Western Pacific Railroad Company]?

[caret bracket] In order to give the witness an opportunity to examine about this question, an adjournment was taken until to-morrow morning at 10 o'clock.

Last edit almost 4 years ago by cgonzalez
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