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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for the masonry and bridges and for buildings, section houses and so forth but I do not recollect whether they furnished all the material which I suppose means to include iron and ties.

Q. 162 Did it furnish the rolling stock.

A. I do not recollect.

Q. 163 Was the contract between the Contract and Finance Company and the Central Pacific Railroad Company of California for the construction of the road, to do it by measurement or piece work or was it at the rate of so much per mile?

A. That I do not recollect I cannot tell without looking.

Q. 164 Will you look at your records and answer that question at our next meeting?

A. Yessir.

Q. 165 Have you in your possession any book of account showing the transactions between the Central Pacific Railroad Company of California and the Contract and Finance Company?

A. I think I have.

Q. 166 Will you produce the book containing that account?

A. I will. [The book is produced]

Q. 167 Is there an account in that book with the Contract and Finance Company?

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A. There is.

Q. 168 Will you please turn to it?

A. I will.

Q. 169 What does it show?

A. It shows the debits and credits of the Contract and Finance Company in account with the Central Pacific Railroad Company of California.

Q. 170 What is the book called that you produce?

A. It is called Ledger No. One of the Central Pacific Railroad Company of California Page 399 Reads from Page 399 as follows:

Contract and Finance Co. "Con a/c" DV. Cv.

1868 1868

May 30 Cash 628 47 309,833.11 Aug 11 77 Miles Road 84 6.622.000

July 2 Stock 67 860,000. 28 40 " " 92 3.440.000

Aug 11 Iron &c. [etc] 84 946 555.66

" Transfer a/c W.P.R.R. 85 14,386,09

12 Cash #968 81 2.040.225,14

" " #977 82 70,687.50

28 Iron &c. [etc] 93 451.711.38

Transfer C&F Co. genl a/c 93 86,918.03

" " C&O.R.R.Co. 93 3.047.06

29 Cash #1038 83 1,107,636.03

31 Transfer Y RRCo. 96 1.024.50

31 " Y RRCo bonds 96 5.250.

31 3325 Rails Y RR Iron 97 29.808.25

Shff sale

Sept 1 Balance Ledger 2 85 4,134.917.25

10.062.000. 10.062 000

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Q. 171 Have you the Journal which corresponds to this book from which these entries are taken?

A. I have.

Q. 172 Will you please produce it.

[The book is produced]

Q. 173 What is the title of the book you produce?

A. The title is Journal No. 2. Central Pacific Railroad Company of California.

Q. 174 Please refer to page 47 of the Journal and state what is the entry of the charge made to the Contract and Finance Company on May, 30th, 1868. Three hundred and nine thousand eight hundred and thirty three dollars and eleven cents?

A. It is for cash paid to the Contract and Finance Company by the Treasurer.

Q. 175 Does it state for what purpose?

A. It does not.

Q. 176 On the margin of the entry on the Ledger in 628. Does that refer to the voucher?

A. It refers to the number of the voucher taken from the Contract and Finance Company.

Q. 177 Please turn to page 67 and explain the nature of the charge made on July 2nd, 1868 of $860,000. ---

A. That is for 8600 shares of capital stock issued to the Contract and Finance Company.

Q. 178 Does it state the consideration for

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that issue?

A. It is only charged to the Contract and Finance Company construction account showing that it was an account of construction by them.

Q. 179 Please turn to page 84 and state what constitutes the charge made on August, 11th, 1868 of $946,555.?

A. It was for 77 miles of iron.

Q. 180 Give the entry as it reads.

A. For 75 miles of iron of maintrack and 1 mile 3120/5280 miles of sidings and 77 miles of accepted road east of state line 88 tons to each mile 6,916 tons at $75.--- a ton. Cost of same in Gold $518,718. For 78 3120/5280 miles spikes 5,200 pounds each mile 408,675 pounds Cost 4 1/2 cents Gold $18,390.38 For 78 3120/5280 miles splicejoints 375 each mile. 29,457 joints 17 pounds each 500,769 pounds 4 1/2 22,534.60. For 78 3120/5280 miles bolts 4 each joint 117,828 one pound each 117,828 pounds @ 6 cents. $7,069.68. Freight cars for 231 flat cars 3 each mile $600--- each $138,600 Locomotives. For 15 engines 16 by 24. Cost $11,000 --- Gold $165,000 --- Pacific telegraph for 21 insulators Invoices March, 31st, April 3d [3rd], 10th May 5th and invoice material C. Williams April, 13th. Freight and Expenses on same in coin

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$7,561---. Tanks. For 40 tanks made at shops $70.--- each $2,800--- Turn tables for 3 turn tables $300--- each $900. Freeport R.R. for all iron and ties from same $65,000---. Making a total of $946,555.66.

Q. 181 Please turn to page 85 of the same book under the same date and state what constitutes the charge of $14,386.09?

A. Well it is transfer of account with Western Pacific Railroad Company. For amount charged to Western Pacific Railroad Company that should have been charged to C and F. Company [Contract and Finance Company] see Ledger 350. It is an error in my charging up to the Western Pacific Railroad Company something that ought to have been charged to the C. and F. Company [Contract and Finance Company].

Q. 182 On page 81 August, 12th there is a charge of $2,040,225.14. Please explain that?

A. That is cash paid to the Contract and Finance Company by the Treasurer of the Company.

Q. 183 Does it state the consideration?

A. It says Contract and Finance Company construction account.

Q. 184 Paid on construction account?

A. Yessir.

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