Edward H. Miller Jr. Exhibits for Deposition

Fourth District Court [centered]

Robinson vs. C.P.R.R.Co

Exhibits [centered] to [centered] Deposition of E. H. Miller Jr. [centered]

"A." List of Original Stockholders, C.P.R.R. Co of Cal. "B." Contract, C. Crocker & Co. and " " " " " " " "C." " " " " " " " " " " " "D." " " " " " " " " " " " "E." Bates Contract — withdrawn. "F." Voucher, C. & F. Co. to C.P.R.R. Co "G." " " " " " " " " " " " "H." Stanford's Report to C.P.R.R. Co. of Ca. Sept. 5, 1867.

Exhibit "B." [left margin]

Central Pacific Railroad of California. [centered]

Articles of Agreement made and concluded this twenty seventh day of December in the year of our Lord One thousand eight hundred and sixty-two, Between Charles Crocker of the City and County of Sacramento and State of California and such persons as he may here after associate with him under the name and style of C. Crocker and Co., party of the first and the Central Pacific Railroad Company of California, party of the second part,

Whereby is is covenanted and agreed as follows to wit: The aforesaid party of the first part, in consideration of the sum of one dollar, the receipt of which is hereby acknowledged and of the prices here after agreed to be paid by the party of the second part, hereby covenants and agrees to furnish all the materials and to construct and in every way complete the work herein after specified upon Sections [Nos?] One to Eighteen inclusive, of the Central Pacific Railroad of California, at the rates and prices herein after specified in such a manner as will conform in every respect to the annexed speci-fications and to the following viz:

1st. The work shall be commenced as soon as practicable after the execution of these presents or as soon as the Chief Engineer of said Company

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or his authorized assistants shall direct and shall be completed on or before Fifteenth day of August A.D. 1860.

2d. The work shall be executed under the di= rection and constant supervision of said Engineer or his authorized assistant by whose classifications measurements and calculations the quantities and amounts of the several kinds of work embraced in the contract shall be determined and who shall have full power to reject or condemn all work or materials which in his opinion to not fully conform to the spirit of this contract; and who shall also decide every question which can or may arise between the parties to this agreement relative to the execution thereof and his decision shall be final and binding upon both parties.

3d. The several stipulations of this contract shall be performed in such a manner that the party of the first part shall not be relie= ed from the immediate charge and responsi= bility of the work, and no part thereof shall be transferred or sub-contracted unless by the sanction and approval in writing of the party of the second part.

4th. If any foreman mechanic or laborer employed by the party of the first part shall in the opinion of the said Engineer execute his

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work in an unfaithful or unskillful manner or in any respect prove remiss or inadequate to the per= formance of his duty or disrespectful or riotous in his conduct he shall forthwith by direction of said Engineer be discharged, and the said party of the first part shall forfeit the sum of 50 dol= lars for each and every day that any such over= seer mechanic or laborer shall remain employed upon the work after the aforesaid notice shall have been given for their discharge and the sum thus forfeited shall be deducted from the first or any subsequent estimate that may become due to the party of the first part for work done under this contract, but no person shall be employed on the work in the capacity of foreman or overseer who has been known to have been pre= viously discharged for neglect or unfaithfulness from any other work.

5th. If any damage shall be done by the party of the first part or by persons in their employ to the owners or occupants of the lands or other property adjoining or in the vicinity of the work herein contracted to be done, and if the said party of the first part shall not settle or liquidate said damage within 30 days after the claim has been prosecuted therefor and proven by the parties so damaged then the said Engineer shall have full power and he is hereby authorized

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by the said party of the first part to settle said damages and to deduct the amount so paid from the first or any subsequent estimate that may be due to the party of the first part for work done under the contract.

6th. All the work done under this contract shall be performed without the use of ardent spirits and the party of the first part hereby agree that they will not in any way traffic or dispense any description of spirituous li= quors upon or in the vicinity of the work and that they will discountenance by every means in their power the vending and dis= pensing of the same by any other person in the vicinity of the work.

7th. All roads for hauling materials and ways to and from the work, also all grounds for the deposit for materials, erection of buildings or performance of work not within the limits of the Railroad Company's land are to be pro= cured and paid for by the party of the first part at their own proper charge and expense.

8th. It is understood that all work done or materials delivered under this contract during the progress of construction and all damage or loss thereto shall be at the risk of the party of the first part except in cases where said party acts by the express instructions of the said

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