W. E. Brown

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W. E. Brown examination and interrogation by A. A. Cohen, Esq., and S. W. Sanderson, Esq.

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Q. 1137 Any other transactions?

A. I do not think of any others.

Q. 1138 What would be the amount involved in a transaction that you would consider important?

A. Any amount involved in the construc= =tion of a railroad I should consider im= =portant enough to become subject to a resolution of the board.

Q. 1139 Were there any amounts of money, stock or other things of value drawn out of that company by the persons that you have spoken of as being members thereof, or either of them, without a vote of the board of directors in each instance?

A. I do not know of any such transactions.

Q. 1140 Did not these persons, or some of them, draw money for which a cash=tag was made?

A. I do not think they ever did.

Q. 1141 When you turned over the books, assets and papers of the company to Mr. John Miller did you not also deliver to him one or more cash=tags representing large sums of money?

A. I did not, to my recollection.

Q. 1142 Did you turn over to him cash=tags for any sums of money?

A. I may have done so, for trifling amounts.

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Q. 1143 What do you consider as trifling amounts?

A. Amounts less than a hundred dollars.

Q. 1144 Were you yourself authorized to make purchases or expenditures, without first taking a vote of the directors of the company?

A. To make purchases of materials, yes.

Q. 1145 Where would such purchases appear?

A. They would appear, when paid for, upon the cash=book.

Q. 1146 There would be no entry upon the books until such material was paid for?

A. Where we had large and frequent transactions with parties, we kept an open account.

Q. 1147 Were you authorized to make contracts for the corporation without submitting them first to a vote of the board of directors?

A. Yes: for materials.

Q. 1148 Did you make such contracts?

A. Frequently.

Q. 1149 Such as —

A. — For lumber, ties, and other materials necessary for the construction of a rail= =road or telegraph line.

Q. 1150 To any considerable amount?

A. In the aggregate to a large amount, probably.

Q. 1151 About how much?

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A. I do not remember.

Q. 1152 Can you approximate it?

A. I have not sufficient recollection of any transactions to give any figures.

Q. 1153 To the amount of $1,000,000?

A. I should think, in all the years I was connected with the company, it would amount to about a million.

[Numbers 1154 and 1155 were skipped]

Q. 1156 Would it amount to any more?

A. I should think it would be a mil= =lion, more or less. I could not give an ap= =proximate amount.

Q. 1157 Did any other members of your com= =pany make any contracts in the name of the company without submitting the trans= =action first to a vote of the directors?

A. I think there were contracts for ma= =terials made by the president of the company.

Q. 1158 Which president?

A. Different presidents, at different times.

Q. 1159 Charles Crocker?

A. He was president for a time.

Q. 1160 Mr. Hopkins?

A. He was also president for a time.

Q. 1161 Did those two gentlemen make con= =tracts such as you have spoken of, --- or either of them?

A. I do not remember that Mr. Hopkins

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ever made any.

Q. 1162 S. A. Hopkins was president of the company at one time?

A. I think he was.

Q. 1163 Did he ever make any contracts with= =out authority from the board of directors?

A. I do not know as to that.

Q. 1164 Do you know of his doing it?

A. I do not remember that he ever did it. He was president after I left the company.

Q. 1165 Was he president at any time dur= =ing your secretaryship?

A. I think he was, for a short time.

Q. 1166 Were there any other presidents of the company during your secretaryship besides Charles Crocker, Mark Hopkins and and S. A. Hopkins?

A. I do not remember any others.

Q. 1167 Were the proceedings, which you have spoken of, taken by yourself in the purchase of material, ever ratified by the vote of the directors?

A. I do not think they were, in detail. My general action was acquiesced in by the company.

Q. 1168 Then every transaction that you made would not appear upon the records of the meetings of the board of directors?

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A. No.

Q. 1169 Was there any member of the company to whom the general executive business of the company was intrusted[entrusted]?

A. I think the executive business of the company was managed by the president and secretary.

Q. 1170 Was there any treasurer of the Contract and Finance Company?

A. Yes.

Q. 1171 Who?

A. The secretary.

Q. 1172 You were both secretary and treasurer during your term of office?

A. Yes.

Q. 1173 All the time?

A. Yes.

Q. 1174 Was there any ratification of each trans= =action made by the president of your company by the board of directors?

A. I think they were not ratified in detail: a general acquiescence in all the transactions.

Q. 1175 Is there any record showing the ap= =proval of the acts of any particular president?

A. I think not.

Q. 1175 Were you informed of all the trans= =actions that were made by the president and other members of the company in the

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