Edward H. Miller Jr. Deposition 2

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Deposition of Edward H. Miller Jr. dated May 15, 1876. Miller was the Secretary for the Central Pacific Railroad Company.

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certainly not all.

Q. 25 How were subscriptions to the stock of your company made?

A. There was a book or books of subscriptions to the stock of the company made by various parties soliciting subscriptions, subscribers signing those books and putting down the number of shares they desired to take.

Q. 26 Were those books deposited in your office?

A. Some of them: I don't know whether they all were or not.

Q. 27 How many of them?

A. Four or five, as I remember. Perhaps more, and perhaps not as many.

Q. 28 How many books of subscription were opened in all?

A. I do not know: or, better, I do not re= =member.

Q. 29 Were the books so deposited in your office in your custody and under your control?

A. The were in my custody and under my control the same as other books were: in my custody as secretary of the company.

Q. 30 Are they in your office now?

A. I think they are.

Q. 31 Have you any books, other than the subscription books you mention, showing

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the amount of the stock of the Central Pacific Railroad Company of California subscribed for during the years 1861, 1862 ans 1863?

A. No.

Q. 32 Have you in your office any book showing a list of the stockholders of your company for those years?

A. I think so.

Q. 33 Is that book in your custody?

A. The same as the others: in my cus= =tody as secretary of the company.

Q. 34 At the time you became secretary of this company — the Central Pacific Railroad Company of California — how many share of the stock of that company had been subscribed?

A. I do not remember.

Q. 35 Will the books that you have men= =tioned show that?

A. I suppose so.

Q. 36 Will you provide those books?

A. Will I produce them here?

Q. 37 Well, at some convenient time and place.

A. Yes: if I am advised to do so by the counsel for the Railroad Company.

Q. 38 At the time you became secretary of this company what was the amount of

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its capital stock?

A. I cannot state positively; but to the best of my recollection it was $8,500,000.

Q. 39 How long did it remain at that figure?

A. I do not remember.

Q. 40 Do you recollect what the capital stock was in 1865?

A. I do not.

Q. 41 Do you recollect the capital stock of your company being increased from $8,500,000 to $20,000,000?

A. I do

Q. 42 when was that done?

A. I do not recollect.

Q. 43 Do you know the object and purpose of that increase?

A. I do not recollect. I presume I did know at the time.

Q. 44 In addition to being the secretary of that company you were also a director, were you not?

A. I was.

Q. 45 When did you become such?

A. In 1863 or 1864: I do not remember which, sure.

Q. 46 How long did you continue to be a director of that company?

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A. I think during its entire existence, from that time.

Q. 47 Do you not know the object and purpose of that increase of capital stock?

A. I do not recollect now. I presume I knew at the time.

Q. 48 During your term as secretary did you receive any subscriptions to the cap= =ital stock yourself?

A. I did.

Q. 49 Is the record of that shown by the books you speak of?

A. The second of the subscriptions is shown; but the records do not show that I received the subscriptions, I presume.

Q. 50 How were payments generally made to you for stock subscribed for?

A. In cash.

Q. 51 Always in cash?

A. No: I do not think all subscriptions were paid in cash.

Q. 52 Did you, as secretary, issue any stock to persons for any other consideration than cash?

A. Yes. — I did not as secretary alone: as secretary I signed it.

Q. 53 Please state to whom.

A. I cannot state: I do not remember.

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to whom.

Q. 54 State the consideration that you received for this stock issued otherwise than for cash.

A. Some in pursuance of various con= =tracts made by the company for loco= =motives, cars, iron, and sundry mate= =rials for the construction of the road.

Q. 55 To whom did you issue any stock in payment for the construction of the road?

A. To Bates & Company; S. D. Smith & Company; Charles Crocker & Company; Cyrus Collins & Company, I believe; Turton, Knox & Ryan; The Contract and Finance Com= =pany; and perhaps others, of whom I cannot now recollect the names.

Q. 56 Were you an officer or member of the Contract and Finance Company?

A. I was not.

Q. 57 How much stock did you issue to the Contract and Finance Company?

A. I do not recollect.

Q. 58 About how much?

A. I do not recollect. I could not state about how much, either.

Q. 59 Do your records show the amounts?

A. They do.

Q. 60. Were you a subscriber to the stock of

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