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Do I understand you to mean that the work done under the verbal agreement was to be paid for by measurement for the work actually done or was there an agreement for a lump sum.
A. I think it was by measurement and by items.
Q. 69 Did Mr. Crocker render a bill or account to the Company for the work done, in items?
A. I do not recollect that he rendered any bill. I think that the Engineers returned an estimate.
Q. 70 He was was paid upon the Engineer's report? Ans. I think so. ["was" is written twice]
Q. Who was the Engineer of the Company at that time? Ans. S. S. Montague.
Q. 71 At what time are you now speaking of, when this work was done by agreement and measured by the Engineer?
A. For such of the work as was done beyond Colfax.
Q. 72 Between Colfax and what point, East of Colfax do you refer to?
A. I do not know the point that is I do not recollect the point I can ascertain.
Q. 73 About what point was it?
A. It must have been some point in Utah, but how far in the territory of Utah, I have not any recollection.
Q. 74 Do you recollect in what years this was.
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A. I think from 1864 to 1869.
Q. 75 I understand you to say that between 1864 and 1869 Charles Crocker was doing work in the construction.
A. No, I do not mean that.
Q. 76 Do I understand you to say that between 1864 and 1869 and between Colfax and some point in Utah Charles Crocker was doing work in the construction of the tracks of the Central Pacific Railroad Company of California and received payments therefor [therefore] according to the estimates of S. S. Montague, the engineer of the Company?
A. My previous answers have been incorrect in this respect that Charles Crocker did work on the road only under the agreements spoken of, only from Colfax East to about the state line, the work east of that having been done by the Contract and Finance Company.
Q. 77 State if you can remember in what years that was that Mr. Crocker did that work between Colfax and the east line of the State.
A. I think it was between the years 1864 and 1868.
Q. 78 And that work was done under a verbal agreement with the Company to pay for it according to measure
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-ments and estimates made by the Engineer of the Company?
A. That is my recollection.
Q. 79 Was it paid for in that manner?
A. It was.
Q. 80 During those years in 1864 and 1868 was not Charles Crocker the general Superintendant [Superintendent] of the Central Pacific Railroad Company of California.
A. I believe he was part if not all of the time.
Q. 81 During that time was not S. S. Montague the Chief Engineer of the Company under the orders of Charles Crocker as general Superintendant [Superintendent] of the same Company?
A. He was not.
Q. 82 Under whose direction was Mr. Montague in the performance of his work as Chief Engineer.
A. Under the direction of the Board of Directors.
Q. 83 You say that during that time Mr. Montague did not take his instructions in any manner from Charles Crocker as to the performance of his duties as Chief Engineer of the Railroad Company?
A. He had no authority to do so and Mr. Crocker had no authority as Superin =tendant [Superintendent] to give him any orders.
Q. 84 Did not Mr. Crocker during the years you have spoken of, in which he was contractor for the building
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of portions of the Central Pacific Rail road Company direct the mode and manner of work that should be done and where it should be done in the construction of the road?
A. I do not think he did.
[left margin:] 85 Q. 85 Who gave such instructions during that time?
A. The Chief Engineer of the Company.
Q. 86 From whom did the Chief Engineer receive his instructions if you know?
A. The Chief Engineer made his recommen=dations to the Board of Directors and if they told him to go ahead with it, why that was done, what ever he recommended.
Q. 87 You say that during all that time the Chief Engineer of the Company was not in any way under the direction or influence of Mr. Charles Crocker.
A. He was not under the direction of Mr. Charles Crocker --- he had not authority over him.
Q. 88 During that time that Mr. Crocker was General Superintendant [Superintendent] and Contractor of the Central Pacific Railroad Company of California, did he meet with the Board of Directors at their usual meetings.
A. Not usually --- he may have been present occasionally.
Q. 89 Well, was it not his general practice
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to meet with them?
A. It was not. I do not mean to say that he never met with them. He may have been present at their meetings sometimes.
Q. 90 Do I understand you to say that Mr. E. B. Crocker took the place of Mr. Charles Crocker as a director --Was he not elected to fill the place of Mr. Charles Crocker when he resigned.
A. That is my recollection.
Q. 91 "Well"[crossed out] Who took Mr. E. B. Crocker's place when he finally resigned.
A. Charles Crocker.
Q. 92 What portion of the road was constructed by the Contract and Finance Company, that you have spoken of?
A. From about the State line East to some point in Utah, near Promontory.
Q. 93 Was that work done under a written or a verbal contract?
A. I am not sure whether there was a written contract or not.
Q. 94 If there was such a contract in writing between the Central Pacific Railroad Company of California and the Contract & Finance Company, would it be in your possession as Secretary of the Company.
A. Not that I recollect.
Q. 95 Will you make search for it, before the next sitting and see if it is among the records in
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