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

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Tuesday November 30th 1880

Continuation of the deposition of Edward H. Miller Jr. a witness sworn and examined on the part of the Plaintiff pursuant to adjournment Before E. V. Joice Esq.. Notary Public Present: A. A. Cohen Esq.. Attorney for Plaintiff and S. W. Sanderson Esq.. Attorney for Defendants

November 30th.

Testimony of E. H. Miller Jr.

Recalled

By Mr. Cohen

Q. 19 Who were the directors of the Western Pacific R.R. Co [Western Pacific Railroad Company] at the time of the consolidation with the Central Pacific R.R. Co of California [Central Pacific Railroad Company of California]?

A. Previous to the consolidation with the Central, to wit: on November 2d [2nd] 1869, the Western Pacific R.R. Co [Western Pacific Railroad Company] was consolidated with the San Francisco Bay Rail Road and the Capital stock was increased from fifty four hundred thousand to ten million four hundred thousand.

Q. 20 At the time of the consolidation with the Bay Rail Road that you have spoken of, who were the Directors of the Western Pacific?

A. Leland Stanford, Charles Crocker, C. P.

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C. P. Huntington, E. B. Crocker, Mark Hopkins, A. P. Stanford and E. H. Miller Jr..

Q. 21 Did those same persons remain Directors until the consolidation of the new corporation known as the Western Pacific R.R. Co [Western Pacific Railroad Company] with the Central Pacific RR Co of California [Central Pacific Railroad Company of California]?

A. They did.

Q. 22 How long previous to the time of the consolidation between the Western Pacific R.R. Co [Western Pacific Railroad Company] and the Bay Rail Road had the gentleman [gentlemen] you have named been directors of the Western Pacific Corporation?

A. From July 1867.

Q. 23 Was Leland Stanford a Director of the Western Pacific Corporation at any time previous to July 1867?

A. Leland Stanford was a Director of the Western Pacific June 8th 1867.

Q. 24 Who besides Leland Stanford of the persons you have named became Directors of the Western Pacific on June 8th 1867?

A. A. P. Stanford, Mark Hopkins, Charles Crocker, and E. B. Crocker.; and C. P. Huntington became a director June 20th and E. H. Miller July 31st.

"X"[written on left margin] Q. 25 Were you the Secretary of the Corporation spoken of as the "Central Pacific R.R.Co."[crossed out] San Franciso Bay R.R. Co [San Francisco Bay Railroad Company]?

A. I was.

Q. 26 Can you state who the directors of that Company were at the time of the consolidation spoken of with the Western

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Pacific?

A. The Directors of the San Francisco Bay R.R. Co [San Francisco Bay Railroad Company] were Leland Stanford, Mark Hopkins, Charles Crocker, E. B. Crocker and E. H. Miller Jr..

Q. 27 You have said that the Capital stock of the Central Pacific R.R. Co of California [Central Pacific Railroad Company of California] was originally eight million, five hundred thousand dollars, and was increased in the month of October 1864 to twenty millions. Prior to such increase was the stock issued to the extent of Eight million five hundred thousand dollars?

A. It was not.

Q. 28 What was the reason of the increase, if you know?

A. Well, if I knew, I do not recollect.

Q. 29 How much of the Eight million, five hundred thousand dollars of stock had been issued before the increase to twenty millions?

A. Fourteen thousand, nine hundred and Eighty five shares.

Q. 30 At the time of the increase spoken of on July 23d [23rd], 1868, from twenty millions to one hundred millions, how much of the capital stock had been issued?

A. One hundred and fifty seven thousand, Eight hundred and ninety Eight shares.

Q. 31 At the time of the consolidation between the Western Pacific R.R. Co. [Western Pacific Railroad Company] and the Bay R.R. Co. [Bay Railroad Company] and at the time of the consolidation between the Western Pacific R.R. Co [Western Pacific Railroad Company] and the Central Pacific R R Co of California [Central Pacific Railroad Company of California]

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how much of the stock of the Western Pacific had been issued at each of those times.

A. The Western Pacific had issued, fifty four thousand shares at the time of the consolidation with the San Francisco Bay Rail Road Company and at the time of the consolidation with the Central had issued seventy nine thousand shares.

Q. 33 What consideration had the Central Pacific R.R. Co. [Central Pacific Railroad Company] received on October the 8th 1864 for the fourteen thousand, nine hundred and eighty five shares which had been then issued?

A. Cash for a portion, from subscribers to the stock, work done in grading on the line of the road by different contractors who took their pay partly in stock, in county bonds from the counties of Placer and Sacramento for their subscriptions to stock and material for construction and equipment partly paid in stock.

Q. 34 How much had been received in cash?

A. I could not answer that question without a further examination of the books, which will take a long time.

Q. 35 Well, we will pass that for the present, and I will ask you to give the names of the Contractors to whom stock in the Eighty five hundred thousand issue was paid for work done on the road?

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A. S. D. Smith, Charles Crocker, C. D. Bates and Turton, Knox & Ryan.

Q. 36 Is the Charles Crocker mentioned in your last answer, the same person who was Director of the Central Pacific R.R.Co of California [Central Pacific Railroad Company of California].

A. The same person who was at one time a director of the Central Pacific R.R.Co of California [Central Pacific Railroad Company of California].

Q. 37 Is he the same person who has been mentioned by you as being a director at various times of the Central Pacific R.R.Co. of California [Central Pacific Railroad Company of California]?

A. He is.

Q 38. At the time of the issuing of the stock spoken of to Charles Crocker, what was his connection with the Central Pacific R.R. Co of California [Central Pacific Railroad Company of California]?

A. I don't think he had any except as Contractor.

Q. 39 Was he not the General Superintendent of the Company?

A. I think not at that time.

Q. 40 Did he not sign his name as such?

A. I think not at that time, but it is possible.

Q. 41 Can you say when he became General Superintendent of the Company, if he was not such at that time?

A. I do not recollect, and I do not know that I have any means of ascertaining,

Q. 42 How much of that stock was issued

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