Jackson County, Missouri - Chapter 9: Railroads, 1881

Chapter 9: Railroads

Names of the Different Roads - Missouri Pacific - Chicago dr' Alton - Wabash - Hannibal 6f St. Joseph - Kansas City, St. Joseph <5i^ Council Bluffs - Kansas City, Leavenworth &f Atchison - Union Pacific - Atchison, Topeka ^ Santa Fe - Kansas Cityhf Port Scott - Missouri, Kansas &" Texas, and others - Non-completed Roads-r- Misappropriation of Funds by tlie County - One Million Dollars Paid by the County and no Benefit Derived.

Railroads have done more toward building up and developing the resources of Jackson county than any other one enterprise. There are at least a dozen great railroad lines centering at Kansas City, several of which run entirely athwart the county, furnishing direct connection with all points north, south, east and west. Among these great railroad corporations are the Chicago & Alton, Missouri Pacific, Kansas City, St. Joseph & Council Bluffs, Missouri, Kansas & Texas, Kansas City, Lawrence & Southern, Kansas City, Fort Scott & Gulf, Hannibal & St. Joseph, Wabash, St. Louis & Pacific, Union Pacific, Chicago, Rock Island & Pacific, Atchison, Topeka & Santa Fe, and the Kansas City, Burlington & Santa Fe Railway companies.

Second - The Chicago & Alton Railroad, running on the south side of the Missouri River to Glasgow, where it crosses to the north side and runs to both St. Louis and Chicago.

Third - The Wabash, St. Louis & Pacific Railway, running on the north side of the Missouri River to St. Louis, and branching at Moberly to the Iowa line, where it connects with the Iowa Central for central Iowa and St. Paul, Minnesota, also at Brunswick for Omaha, and at R. and L. Junction for St. Joseph.

Fourth - The Hannibal & St. Joseph Railroad, running to Hannibal, Missouri, and Quincy, Illinois, where it connects with the Wabash road for Toledo and the Chicago, Burlington & Quincy for Chicago.

Fifth - The Kansas City, St. Joseph & Council Bluffs Railroad, running to the northward along the eastern bank of the Missouri River to St. Joseph, Council Bluffs and Omaha, connecting at Council Bluffs with, the Sioux City & Pacific for Sioux City and St. Paul, and at Omaha with the Union Pacific for California. It also branches at St. Joseph to Creston, Iowa, where it connects with the Burlington & Missouri River Railroad for Burlington and Chicago.

Sixth - The Missouri River Railroad, operated under lease by the Missouri Pacific, running along the west bank of the Missouri River to Leavenworth, Atchison and St. Joseph, connecting at Leavenworth with the Kansas Central for Holton, Kansas, and at Atchison with the Central Branch Pacific for Beloit, Kansas, and the Atchison & Nebraska for Lincoln, Nebraska.

Seventh - The Union Pacific Railway, running along the north bank of the Kansas River to Lawrence and Topeka, Kansas, and crossing the State to Denver, Colorado, and Cheyenne and Hazard, Wyoming, and with the Colorado system of railroads for all points in the mines of that State. This road has a branch from Junction City to Clifton, one from Solomon City to Beloit, and one from Salina to McPherson, Kansas.

Eighth - The Atchison, Topeka & Santa Fe Railroad, running along the south bank of the Kansas River to Lawrence and Topeka, and thence to the southwest, through the famous Arkansas Valley, to Pueblo and Canon City, Col- orado, and Cliftona, New Mexico. This road connects with the Denver & Rio Grande Railroad, for Denver, and with the Southern Pacific Railroad of California, at Deming, which makes it a great transcontinental line It has branches to Wichita, Wellington and Arkansas City, to McPherson, to Manhattan, and to El Dorado, in Kansas, and to Santa Fe, in New Mexico.

Ninth - The Kansas City, Lawrence & Southern Railroad, running to the southwest to the southern line of Kansas at Coffeyville. At Ottawa it has a branch to Lawrence, and connects with the Kansas City, Burlington & Southwestern Railroad for Burlington, Kansas. It has a branch also from Cherryvale to Wellington, Kansas.

Tenth - The Kansas City, Fort Scott & Gulf Railroad, running southward from Kansas City, through Fort Scott to Baxter Springs, Kansas. At Girard, Kansas, it connects with the Joplin Railroad for Joplin, Missouri. It has a branch from Prescott, Kansas, to Rich Hill, Missouri, one from Fort Scott to Springfield, Missouri, and one from Baxter Springs to Carthage, Missouri.

Eleventh - The Missouri, Kansas & Texas Railroad, connecting at Nevada, Missouri, with the Lexington & Southern Branch of the Missouri Pacific, which leaves the main line of that road at Pleasant Hill, in Cass county, and over which its trains run to Kansas City. It runs to the southward through Kansas and the Indian Territory to Dennison, Texas, where it connects with the Texas Central for Houston, Austin and Galveston.

Twelfth^The Kansas City & Eastern (Narrow Gauge) Railroad, running eastward along the south side of the Missouri River to Independence and Lexington, Missouri.

Thirteenth - The Chicago, Rock Island & Pacific Railroad (which uses the Hannibal & St. Joseph Railroad track to Cameron, Mo.), running to Chicago, Illinois, Leavenworth and Atchison, Kansas.

Thus Jackson county is so provided with railroads that her trade reaches directly over her own or tributary lines into every nook and corner of the country for hundreds of miles in all directions.

The lines all terminate at her depots, and are so arranged that, she is the gateway through which all trade between the country east of her and that to the west must pass. So long as there were no railroad pools west of the Mississippi River, Kansas City enjoyed exceptional advantages in through freight rates to the East, often getting lower rates than were given St. Louis, and sometimes equally as low as were given Chicago. Still, under the present pool, she usually gets advantages when large consignments are offered.

The tendency of the railroads is to make Kansas City the western out-post of trade and the western point of competition, as they have heretofore made St. Louis and Chicago, and the effect will be to put Kansas City on an equal footing with those places, and eventually to consign St. Louis to the position of a way station, as has already been done with Cincinnati.

In the construction of several of these roads the county has liberally aided, bonds to the amount of $275,000 were issued for stock in the Missouri Pacific Railroad; $300,000 in the Kansas City Branch of the Tebo & Neosho Railroad ; $50,000 in the Lexington, Lake & Gulf Railroad; $100,000 in the Kansas City, Lawrence & Topeka Railroad; $250,000 in the Wyandotte, Kansas City & Northwestern Railroad; $25,000 in the Westport Horse Railroad Company.

The Missouri Pacific bonds were all paid off as early as 1867, while a greater part of the balance of the railroad bonds are still outstanding. Of these bonds $100,000 in favor of the Kansas City, Lawrence & Topeka Railroad are against Kaw Township, it having voted a separate tax, and in favor of the Wyandotte, Kansas City & Northwestern Railroad a like sum against Blue Township, it also having voted the amount. Kaw township issued bonds to the amout of $150,- 000 - to the Wyandotte, Kansas City & Northwestern Railroad Company.

Of these corporations for whose benefit such immense amounts of money have been expended, the Clinton & Kansas City Branch of the Tebo & Neosho Railroad, and the Lexington, Lake & Gulf Railroad have not been constructed, and not a dollar of direct benefit has accrued to the county, save perhaps a piece of experience with gigantic fraud and wholesale stealing. Some grading and masonry work was the only perceptible outlay of the people's money. Two of the bonds, $i,ooo each, issued to the Lexington, Lake & Gulf Railroad Company have already been paid, and the remaining forty-eight together with all interest thereon, the county's credit is holden for. In the case of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad, the tax-payers of Jackson, Cass and Henry counties were fearfully defrauded, and since such a vast sum of money has been fraudulently charged to the credit of the county, the people have taken a deep interest in the project, and it becomes one of the most important historical facts in connection with Jackson county. The bonds are now bearing eight per cent interest and before they can be paid the scheme will haVe cost Jackson county over one million dollars; every dollar must be paid; the bonds were declared valid by the Supreme Court of the United States. Who those parties were that concocted the frauds, wasted and stole the public funds of the county your historian is entirely ignorant, but he has sufficiently investigated to know that there was great wrong committed, and it becomes his duty to give some of the facts in this work, most of which are in the form of pubhc records, thus no one person can be censured for relating what is public property. The records alone will show that the county for the last ten years has been deeply humiliated and incensed on account of the burden of taxes which the Tebo & Neosho Railroad scheme has imposed, and will continue to impose for the next ten years to come.

The following record of the County Court proceedings contains the several orders that were made for the subscription of three hundred thousand dollars to the Kansas City & Memphis Railroad, and the revocation of that order, and subsequent subscription of a like sum to the Clinton & Kansas City Branch of the Tebo Neosho Railroad Company, together with a full history of all subsequent proceedings in court, touching said subscription, and issuing and delivering the bonds to pay such subscription.

State Of Missouri

" Know all men by these presents, that the County of Jackson, in the State of Missouri, acknowledges itself in debt and firmly bound to the Tebo & Neosho Railroad Company, to the use and benefit and in the name of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad, in the sum of one thousand dollars, which sum the said county for value received hereby promises to pay to the Tebo & Neosho Railroad Company, or bearer, to aid in building the said Branch Railroad, at the National Bank of Commerce, in the city of New York, on the first day of May, A. D. 1891, redeemable, however, at the option of the County Court of said county at any time after the lapse of eight years after the date hereof, together with interest thereon, from the first day of May, 1871, until paid, at the rate of eight per cent, per annum, which interest shall be payable semi-annually, on the first days of August and February of each year, including the interest due at the maturity of this bond, on the presentation and

"This bond is issued under and in pursuance of an order of the County Court of the County of Jackson, in the State of Missouri, and in pursuance of and by authority of an act of the General Assembly of the State of Missouri, entitled, an act to incorporate the Tebo & Neosho Railroad Company, approved January i6, i860, and of an act of the General Assembly of the State of Missouri, entitled, an act to aid in building of branch railroads in the State of Missouri, approved March 11, A. D. 1868.

"In testimony whereof the said County of Jackson has executed this bond by the presiding justice of the County Court of Jackson county under the order of said court signing his name hereto and by the clerk of said court under the order thereof, attesting the same and affixing the seal of said court at the city of Independence, County of Jackson of aforesaid, this tenth day of July, A. D. 1871.

May I, 1871. J "The County of Jackson acknowledges itself to owe and promises to pay to the bearer forty dollars on the first day of February, 1891, at the National Bank of Commerce in the city and State of New York, being six months' interest on bond No. 149. E. K. HICKMAN,

" Be it remembered that at the term aforesaid and on the isth day of said month amongst others the following proceedings were had and made, viz :

"It is ordered by the court that an election by the tax-payers of Jackson county shall be held at the respective voting precincts in the County of Jackson, on the 8th day of October next, A. D. 1870, to ascertain the sense of the voters at such election upon the following proposition :

"That the County of Jackson shall subscribe to the capital stock of the Kansas and Memphis Railroad, it being a branch of the Hannibal & St. Joseph Railroad, as organized under the charter of the original Kansas City, Galveston & Lake Superior Railroad the sum of thre ehundred thousand dollars upon such terms and conditions as the County Court may affix. One of which conditions shall be that said road shall start at a point near the southern tier of Kansas City, and near Grand avenue, and shall be located so as to run through the corporated limits of Westport, thence to the southern line of the county in the general direction of Hickman's Mill and Harrisonville. Another of which conditions shall be that the bonds of Jackson county to be issued in payment for said subscription shall not be issued until the County Court shall be satisfied that a sufficient amount of stock has been subscribed to grade, bridge and tie the road to the south line of the State or to its intersection with some other road in like manner to be graded, bridged and tied leading to the state line in the same direction the money to be expended in Jackson county. And further that the County of Jackson subscribe such an additional amount to the capital stock of the Louisiana & Missouri River Railroad Company as may be necessary with the subscription already made to complete the grading, bridging and tieing said railroad through the County of Jackson, including the purchase of the right of way, depot grounds, water stations, side tracks, etc., etc., and on such terms and conditions as the County Court may prescribe not inconsistent with the terms of the former subscriptions of said county to the cipital stock of said last mentioned company. Such subscriptions however riot to exceed the sum of two hundred thousand dollars. The bonds of Jackson county in payment thereof shall not be issued until the County Court of Jackson county is satisfied of the ability of said company and of their intention to complete said railroad its entire length from Louisiana to Kansas City to run through the counties of Saline, Lafayette and Jackson, the money to be expended in Jagkson county. Said stock to both of said companies to be payable in the coupon bonds of Jackson county of the denomination of one hundred dollars each at their par value, payable not exceeding twenty years after their issue and bearing interest at the rate of not exceeding ten per cent, per annurti, payable semi-annually in the city of New York upon the coupons to be attached to said bonds.

The clerk of this court shall prepare the Poll Books, and distribute the same to the different voting precincts ; said clerk shall also give notice of such especial election by publishing this order, together with a statement of the time said election shall be held, twenty days previous to the day of election, in each of the daily papers of Kansas City, and each of the papers published in Independence.

The form of the ballot shall be as follows : For the subscription to the Kansas City & Memphis Railroad and to the Louisiana & Missouri River Railroad Company - "Yes." For the subscription to the Kansas City & Memphis Railroad and to the Louisiana & Missouri River Railroad Company - " No."

And afterward, to wit: At the October term 1870, and on the 21st day of said month, amongst others, the following proceedings were had and made, viz. : Whereas, at the September terra of this court, and on the isth day of September, A. D. 1870, an order was'made by said county for an election to be held by the tax-payers of Jackson county at the several voting precincts in said county on the 8th day of October, A. D. 1870, for the purpose of ascertaining the will of said taxpayers upon the proposition for the County of Jackson to subscribe to the capital stock of the Kansas City & Memphis Railroad Company, a branch of the Hannibal & St. Joseph Railroad Company, the sum of three hundred thousand dollars, and to the capital stock of the Louisiana & Missouri River Railroad Company, a sum not exceeding two hundred thousand dollars, upon the terms and subject to the restrictions in said order specified.

And, whereas, at said election on said day the vote cast in the several precincts in said county in favor, of said subscription being made was as follows : For the subscription, 4,403; against said subscription, 940 ; majority in favor of said subscription, 3,463; and at said election the majority of votes cast in favor of said subscription being made being 3,463, it is therefore ordered by said court, that said subscription be made to the capital stock of said railroad companies respectively in accordance with and upon the terms and subject to the restrictions contained in said order.

And afterward, to wit : At the November adjourned term, 1870, and on the 17th day of said month, amongst others, the following proceedings were had and made, viz. :

Ordered by the court, that the county of Jackson, in the State of Missouri, take and subscribe to the Hannibal & St. Joseph Railroad Company for^three thousand shares of the stock of said company of the denomination of one hundred dollars to. the share, amounting to three hundred thousand dollars, to aid in the building of a branch road, the name of which branch is, " The Kansas City & Memphis Railroad," and which branch is to commence at a point in Kansas City, and near the southern line thereof and near Grand avenue, and from the last point to be located so as to run through the corporate limits of Westport, thence to the southern line of the county in the general direction of Hickman's

Mill and Harrisonville. The subscription shall be made under and by virtue of "an act to incorporate the Kansas City, Galveston & Lake Superior Railroad Company," approved February 9th, 1857, and of "an act to amend an act to incorporate the Kansas City, Galveston & Lake Superior Railroad Company," approved February 9th, 1857, and for other purposes, approved February i6th, 1864 and of " an act to aid in the building of a Branch, Railroad in the State of Missouri " approved March 21st, 1868. The subscription shall be made to said company as required by "an act to aid in the building of a Branch road in the State of Missouri," in the name of, for the use of, and aid in the constiuction of said branch, the name of which branch is, " The Kansas City & Memphis

This subscription shall be paid for, in coupon bonds of Jackson county, Missouri, at their par value, of the denomination of One Thousand Dollars, payable not exceeding twenty years after date, at the National Bank of Commerce in New York City. Said bonds shall bear eight per cent, interest, which interest shall be paid semi-annually, on the first days of January and July, at the bank aforesaid, on the coupons to be detached from said bonds.

Pirst. - No bonds in payment of said stock shall be issued, until the County Court of Jackson county shall be satisfied, that a sufficient amount of stock has been subscribed to grade and bridge the road, from the south line of this county to the southern line of the State.

Third. - That Jackson county as a subscriber to the stock of said company, shall be protected in all her rights under the law, and particularly those rights secured her under " an Act to aid the building of a Branch Railroad in the State of

Fourth. - When the County Court is satisfied there has been sufficient subscribed to grade and bridge the road from the southern line of the county to the southern line of the State, there shall be issued the bonds heretofore provided for, which bonds shall be signed by the Presiding Justice of this Court, countersigned by the Clerk and attested by the seal of the Court. The coupons shall be signed by the Treasurer of the county. Said bonds shall be delivered as follows : pifth, - The work shall be commenced at the designated point in Kansas City, and for every mile graded and bridged from said point on, the line as heretofore designated, there shall be delivered fifteen of said bonds, but the Court may use its discretion, for heavy work increase the number of bonds per mile, for any number of miles it may seem proper. The contracts for grading and bridging on said road for its entire length, through said County of Jackson, shall be let at the City of Kansas, in said county, and the letting thereof shall be approved by the agent or agents appointed by the County Court of said county.

It is further ordered, that Samuel H. Woodson be appointed a Commissioner to subscribe for said stock in the name of Jackson county, and that he be instructed to make the subscription in strict compliance with this order.

The County of Jackson stipulates to comply with all the conditions hereinbefore'set forth, and to pay her subscriptions faithfully as herein made.

And afterward, t.o-wit, at the March term 1871, and on the 13th day of said month, amongst others, the following proceedings were had and made, viz.:

Whereas, this court, at their November term 1870, made an order that the County of Jackson take and subscribe to the Hannibal & St. Joseph Railroad Company for three thousand shares of the stock of said company to aid in the building of a Branch Road the name of which branch is the Kansas City & Memphis Railroad, upon certain conditions of said order named. And whereas the agent of court thereafter made such subscription upon conditions in said order named. And whereas this court is advised and fully satisfied that the conditions in said order named have not been complied with, and will not be, and that said subscription has never been accepted by said Hannibal & St. Joseph Railroad Company, or by any one for them, it is ordered, adjudged and ordained that said order of subscription so made as aforesaid be and the same is hereby rescinded, and the subscription so made as aforesaid be, and the same is hereby reckoned withdrawn, canceled and annulled.

It is further ordered by the county that the board of construction of said Kansas City & Memphis Railroad be served with a certified copy of the foregoing order.

Whereas, at an election heretofore held in the County of Jackson, a large majority of the tax payers of said county voted in favor of a subscription to be made by the county to aid in the construction of a railroad from Kansas City to Memphis, in the State of Tennessee, and whereas, this court is desirous to carry out the will of the people in securing the early construction of said railroad through the County of Jackson, in the general direction of Memphis, and being authorized so to do by law, it is ordered, adjudged and ordained that the County of Jackson, in the State of Missouri, do subscribe for and agree to take three thousand shares of the capital stock of the Tebo & Neosho Railroad Company, now in part the Missouri, Kansas & Texas Railway Company, in the name and for the benefit of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad, and to aid the construction thereof, each share being of the denomination of one hundred dollars and amounting in the aggregate to three hundred thousand dollars, under and by virtue of the authority in the charter of the Tebo & Neosho Railroad Company contained, and under the act of the General Assembly of the State of Missouri, "entitled an act to aid the building of branch railroads in the State of Missouri," approved March 21st, 1868, and in accordance with the order and resolutions of the Board of Directors of the said Tebo & Neosho Railroad Company, establishing said Branch Railroad, and authorizing subscriptions to said capital stock to aid in the building thereof, adopted on the 6th day of June, 1870, the said stock to be paid for by the issue and delivery to the committee appointed to construct said Branch Railroad of the coupon bonds of said County of Jackson of the denomination of one thousand dollars, each bearing date the first day of May, 187 1, with interest from date at the rate of eight per cent per annum, payable semi-annually on the first days of August and February in each year thereafter, excepting the last three months' interest, which shall be payable at the date of the maturity of said bonds at the National Bank of Commerce in the City of New York, at which place the principal of said notes shall also be payable twenty years after the date thereof, redeemable, however, at the option of this court at any time after the lapse of eight years from their date, the said notes to be signed by the presiding justice of this court and attested by the chief clerk thereof with the seal of the court at-, tached and the coupons to said bonds be signed by the clerk of this court or by the /ac simile of his signature lithographed or engraved thereon ; and when so signed the said bond shall be delivered to and deposited in the City of New York, subject to sale either of the whole amount or by installments of one hundred thousand dollars or less, and upon any sale being made by the committee of construction of said Clinton & Kansas City Branch Railroad,the bonds so sold shall be delivered to the purchasers and the proceeds of such sale shall be deposited in the said bank to the credit of Jackson county, or paid over to the said committee as hereafter provided, the said subscription, however, being made upon the following express terms and conditions - that is to say :

Jackson as follows, to-wit: Commencing at a point in the City of Kansas, near the southern limits thereof and near Grand avenue, near which point there shall be established and maintained passenger and freight depots ; thence by the most practicable route through the corporate limits of Westport to the southern limits of Jackson county by way or near to Hickman's Mill, and thence to Harrisonville and CHnton, at which last named place unbroken connection shall be made with the Clinton & Memphis Branch of the Tebo & Neosho Railroad so as to form a through line of said road from Kansas City through Clinton to the southern hne of the State in the direction of Memphis, in the State of Tennessee.

Second - That said bonds, or the proceeds thereof, shall be applied and expended in the construction of said Branch Railroad within the limits of said County of Jackson.

Third - That said bonds or proceeds thereof shall be issued, delivered and paid to the committee of construction of said Branch Railroad, or its duly authorized agent, as follows, to-wit; When ten miles of the work of gradation and masonry on said line of road within the limits of Jackson county, has been let to contract to responsible parties, of whose responsibihty the court shall be reasonably satisfied, one hundred thousand dollars of said bonds, or the proceeds thereof, shall be delivered and paid as aforesaid; and when the remainder of said road within the limits of Jackson county, shall be let to contract as aforesaid, and the gradation and masonry on said Branch road within the county shall be commenc ed in good faith, then the additional sum and amount of one hundred thousand dollars of said bonds or the proceeds thereof, shall be delivered and paid as aforesaid ; and when the sum of one hundred thousand dollars shall have been expended in and upon said work, according to the estimates of the engineers of said Branch Railroad, within the county, then the remainder of said bonds, or the proceeds thereof, shall be delivered and paid as aforesaid - provided, however, that before any of said bonds are issued and delivered as aforesaid, the court shall be satisfied that a sufficient amount of stock has been subscribed in good faith by responsible parties or by municipal bodies, to the capital stock of said company, in aid of said Branch Railroad and in aid of the CHnton & Memphis Branch of the Tebo & Neosho Railroad, to grade, bridge and furnish the ties thereof from the southern line of Jackson county to the southern line of St. Clair county ; and that said subscriptions are available and sufficient to accomplish said work, and that said company have the ability and intention to build said Clinton & Memphis Branch Railroad to the southern boundary line of the State, in the direction of Memphis.

Fourth - That the work of gradation and masonry shall be commenced within the County of Jackson, on the line of said Branch road, within three months after the making of this subscription, and shall be thereafter diligently and continuously prosecuted until the said railroad is built through the county of Jackson. And the court further order that Samuel H. Woodson be and is hereby appointed the agent of this court and of the County of Jackson, in the State of Missouri, to subscribe for the capital stock aforesaid, in accordan.ce with the terms of the foregoing order, and that he cause the said bonds to be prepared and lithographed, and that they may be signed and disposed of as aforesaid. And afterward, to-wit, on the day and year aforesaid comes Samuel H. Woodson, the agent of the county, to make the subscription ordered by the Tebo & Neosho Railroad Company, in the name of and for the use and benefit of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad, and reports to the court that he has m obedience to the order of the court, made the said subscription to said capital slock, in the words and figures following, to-wit :

The County of Jackson, in the State of Missouri, by Samuel H. Woodson, IS duly appointed agent for that purpose, hereby subscribed for, and agrees to take three thousand shares of the capital stock of the Tebo & Neosho Railroad

Company (now in part the Missouri, Kansas & Texas Railway Company) in the name of and for the use and benefit of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad, each share being of the denomination of one hundred dollars, and amounting in the aggregate to the sum of three hundred thousand dollars, and to pay for the same in the manner and form provided in the order of the County Court of said county, made and entered of record on the 15th day of March, A. D. 1871, the said subscription being made in accordance in said order contained.

And the Court having heard the said subscription read, and being fully advised thereof, approve the same and ordered the said subscription to be spread upon the records of this Court.

And afterward, to-wit: at the May Term, 1871, and on the second day of said month, amongst others, the following proceedings were had and made, viz :

It is by the Court ordered, adjudged and ordained that the condition of the subscriptions by Jackson county to the capital stock of the Tebo & Neosho Railroad Company for the use and benefit and in the name of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad, be and the same are modified as follows, the committee of construction of said Branch Railroad assenting thereto:

First : - The bonds in said order provided to be issued and delivered, shall be deposited with Northrup & Chick, bankers, in the city and State of New York, to be disposed of as hereafter provided.

Second: - A financial agent for the county shall be appointed by the Court, who shall in conjunction with the financial agent of the committee of construction of said railroad company negotiate and sell such bonds, the proceeds of which sale shall be deposited in the city of New York with said firm of Northrup & Chick to the credit of the County of Jackson for the use and benefit of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad, subject to the draft, from time to time, of the said financial agent of Jackson county who is hereby required to draw the same as fast as shall be required to pay the current expenses and monthly estimates of work actually performed on said Branch Railroad within the limits of said County of Jackson, and proceeds of said bonds when so drawn to be paid to the treasurer of the construction committee of said Branch road by the financial agent of said county, the amount from time to time so agreed to be paid to be determined by the certificates of the chief engineer and superintendent of said Branch Railroad.

Third : - A passenger and freight depot shall be established and maintained at the town of Westport, provided the right of way for said railroad through said town and suitable grounds' for said depots are furnished to said company free of charge.

Ordered further - That William Chrisman be and he is hereby appointed the financial agent of the County of Jackson to negotiote and sell said bonds as herein above provided. It is also

Further ordered - That should the subscription heretofore made to the capital stock'of the Tebo & Neosho Railroad Company in the name and for the use of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad, prove insufficient to complete the gradation, masonry and the furnishing the ties for said Branch Railroad within ihe limits of the County of Jackson, the additional amount required to complete the same shall be raised by means other than subscription by the County of Jackson at large."

City Branch of the Tebo & Nesoho Railroad, held at Kansas City on the 2d day of May 187 1 the following among other proceedings were had, to-wit :

Resolved, That the modifications of the order of subscription heretofore made by Jackson county to the capital stock of the Tebo & Neosho Railroad Company in the name of and for the use and benefit of the Chnton & Kansas City Branch of the Tebo & Neosho Railroad, this day made by the County Court of Jackson county, be and the same are hereby assented to and accepted.

P. A. Sadiee, Dewitt C. Stone

We certify that the foregoing is a true and correct copy of the resolution this day adopted by said committee as fully as the same is found upon the records of said committee. P. A. SADIEE, DEWITT C. STONE,

Whereas, There exists in the community a feeling of uneasiness that the subscription of Jackson county to the Tebo & Neosho Railroad Company is illegal, and that said organization has not a legal existence, and that there is danger that the county subscription may be wasted and lost if issued to and superintended by said company, and to avoid all uncertainty in this matter, and to ascertain the validity of said organization and of the county subscription thereto, and to ascertain whether siid company proposing to build the Clinton & Kansas City Branch of the Tebo & Neosho Railroad Company, has a valid and legal existence, the court hereby appoints a committee, consisting of Wm. Chrisman, P. M. Black, John C. Gage, James R. Sheley and C. O. Tichenor, with the request that they will make a thorough examination with the above questions, and report to this county as soon as they determine the legal status of said railroad organization, and whether it is safe for the court to issue the bonds to such company; in the meantime this court will take no further steps in issuing such bonds until such report is made. And afterward to wit: at the July term, 1871, and on the 10th day of said month, amongst others, the following proceedings were had and made, viz. :

In the matter of the subscription by the County of Jackson to the capital stock of the Tebo & Neosho Railroad Company, in the name of, for the use and benefit of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad.

The court being satisfied, by sufficient evidence, that the terms and conditions in the order of this court, and the subscription made thereunder by the County of Jackson to the capital stock of the Tebo & Neosho Railroad Company, in the name and for the use and benefit of the Tebo & Neosho Railroad contained, upon which the bonds therein provided for were to be issued and delivered, have been fully complied with, it is ordered by the court that three hundred bonds of the County of Jackson of the denomination of one thousand dollars each in form and terms as are in said order and subscription provided (except they be dated this day instead of ist day of May as in said ord^r specified), be prepared and signed as the said order and subscription, provided, and when so prepared and signed, be delivered to William Chrisman, the financial agent of the County of Jackson, to be disposed of by him as is provided in the order of this court in relation thereto, made on the 2d day of May, 187 1. Ordered by the court, that the order of this court, made on the 2d day of the May term, 1871, of said court, directing the deposit of the bonds and proceeds thereof issued to the Tebo & Neosho Railroad Company for the use and benefit of the Clinton & Kansas City Branch thereof be modified so as to allow the financial agent therein named to deposit said bonds or proceeds either with the banking house of Northrup & Chick, in the city of New York, or with the Third National Bank, in the city of St. Louis, at option of said agent. And afterward, to wit : at the November

Whereas, The agent of Jackson county heretofore appointed by the order of this court to sell the bonds of the county and pay over the proceeds to the proper officers of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad Company as the works on said railroad in Jackson county, Missouri, progressed, has sold a portion of said bonds and paid over the proceeds as directed by said order. And

Whereas, Estimates have now been furnished said agent, amounting to $266,- 233 j'q'q, upon which the officers of said road are now claiming from him the remainder of said bonds or their proceeds. And

Whereas, Some of the taxpayers of said county have expressed to this court their belief that either some error exists in said estimates, or that there has been some mismanagement on the part of the officers in charge. Wherefore, the court considers it due to the taxpayers of the county, as well as to the officers of the company, to have said matters examined into at once. It is therefore ordered by the- court here, that a committee be appointed to cause a fair and impartial examination and measurements to be made to ascertain the actual amount and value of the work done and legitimate expenses incurred on said road in Jackson county. Said committee is hereby authorized, on behalf of said county, to employ some practical, reliable civil engineer, and such assistants as may be needed, to aid them in making the required estimates, as the representatives of the county of Jackson (said county being a stockholder in said company). Said committee is authorized to make such examination of the books and papers of the company as they may deem necessary. They are also requested to ascertain and report, not only the contract prices, but also the usual ordinary prices of any of the works done. The object of this investigation being to ascertain the real value of the work done. They are also requested to make said investigation and report the result to this court as speedy as practicable. George W. Bryant, W. R. Bernard and Sol. Young are hereby appointed said committee. Until the report of said committee shall be made, and the further order of this court in the premises, the financial agent of said court is requested to make no further payment to the officers of said company out of the proceeds of said bonds. And afterward, to wit : on the 15th day of November, 1871, among others, the following proceedings were had and made, viz. :

Ordered by the court that the appointment of Sol. Young and W. R. Barnard, as commissioners to examine into the affairs of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad Company be, and the same is hereby revoked, and that A. S. Packard and M. O. Jones be appointed on said committee in their stead.

Ordered by the court that the order made on yesterday rescinding the appointment of Sol. Young and W. R. Barnard, and appointing A. S. Packard and M. O. Jones be, and the same is hereby rescinded. Judge Yager protesting and asking that all of said five men be appointed on said committee. And on the 20th day of November, 1871, among others, the following proceedings were had and made, viz. :

The court orders that the names of A. S. Packard and M. O. Jones be added to the committee appointed by this court to investigate the action of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad Company, and that they act in conjunction with the other members of said committee. And afterward, to-wit: at the January term, 1872, and on the i8th day of said month amongst others, the following proceedings were had and made, viz. :

Clinton Branch of the Tebo & Neosho Railroad within the limits of Jackson county have become complicated so that it is difficult to obtain a clear and satisfactory statement of the condition of the work and expenditures within the limits of this county; and

Whereas, The subscription of this county court was made on the express condition that the whole amount thereof should be expended in construction in this county, and

Whereas, A full and complete statement and understanding of amount of work done in this county, and of the amount paid and expended therefor, and for rights of way, and a fair proportion of the engineering experises is necessary, before the county agent can be justified in paying over any additional amount to said board, or on their order. Therefore, it is ordered by the county, that Wra. Chnsman is instructed not to pay over either in cash or in bonds, any further sum upon any estimates or order of said committee of construction of said Branch Railroad, until first there shall be a full and complete statement made of the dispositions that have been made of the amount of $107,000, which has heretofore been paid over to said committee of construction, and in case any part of said money has been applied to other purposes than the construction in this county, and to the fair proportion of engineering expenses and of a reasonable salary to a superintendent of construction, then such money so misappropriated shall be refunded to the Jackson county agent and applied to the payment of debt, still due for construction in this county. That this settlement must be full and complete and accompanied by proper vouchers to the satisfaction of the county court. That when such statement shall be made, showing that said amount of funds have been applied strictly within the terms of the order of this court making said subscription in good faith, the county agent will be- authorized on the order of said construction committee, or the proper officers thereof, to pay over either in money or bonds to the contractors any amount that may still be due to them on construction in the county, provided said contractors shall consent to accept the measurements and estimates made by the commission of citizens and engineers appointed by this court, and the prices made in the original contract made by these with said committee of construction and if any difference in measurements the county agent may make arrangements with said contractors for a new measurement to be settled thereafter, and as to the contract of second class masonry, the said county agent is authorized to pay off at the rate of $8.50 per cubic yard, and no more, and upon such payments to all of said contractors, they shall each execute a release to said Branch Railroad in full, for all demands against the same. It is further requested that upon a full settlement of all accounts upon this basis the said committee of construction shall pass an order agreeing to re-offer, and shall resign and turn over the said Branch Railroad and its control and all of its assets still on hand and consenting, shall pass an order agreeing to resign, and shall resign and turn over the said Branch Railroad and its control and all of its assets still on hand, and consenting for the Board of Directors of Tebo & Neosho Railroad and the Missouri, Kansas & Texas Railroad Company as the successor of Tebo & Neosho Railroad Company to appoint a new board of committee of construction to take and complete said Branch Railroad which shall be satisfactory to the counties that are stockholders. It being understood responsible parties are ready 10 take and complete the road upon fair and reasonable terms, if such change shall be made. And afterward, to-wit : at the January term, 1873, and on the 20th day of said month amongst others, the following proceedings were had and made, viz. :

Whereas, inquiries are continually made of this court by tax-payers of Jackson county as to the condition of the assets and accounts of the Kansas City & Clinton branch of the Tebo & Neosho Railroad Company and of its illegal successor the Kansas City, Memphis & Mobile Railroad Company (which last named company seems to have charge of the whole matter), and as to the manner in which the one hundred and seven thousand dollars of the Jackson county subscription, received by said Branch road, has been disbursed. And, whereas, the court is not informed in reference to these matters and it is due to the taxpayers that this information should be given, and when given should be reliable.

It is therefore ordered by the court here that a committee of five be appointed to investigate the aforesaid matter fully, and ascertain, if possible, whether the funds of said company have been properly expended, and if not, in what respect ; and that said committee consist of Howard M. Holden, Henry W. Ess, John Q. Watkins, Preston and William Chrisman, and these five are appointed and requested to make said investigation as soon as convenient and report to the court with such recommendations as said committee may see fit to make."

Subscription Changed

"In the matter of the subscription of Jackson county to the capital stock of the Clinton' & Kansas City Branch of the Tebo & Neosho Railroad Company.

Whereas, heretofore, to wit, on the i6th day of March, 187 1, this court by an order of record did subscribe for and in the name of the county of Jackson, $300,000 to the capital stock of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad Company, upon terms in said order named and afterward, to-wit, on the 2d day of May, 187 1, by an order of record duly accepted by said company, did modify and change said original order of subscription so as to provide that the bonds of said county provided tp be issued in payment of said subscription should be deposited with the banking house of Northrup & Chick in the city and State of New York, that a financial agent should be appointed by this court for said county who, in connection with the financial agent of said company, should be authorized to sell said bonds and deposit the proceeds thereof with said Northrup & Chick. That said financial agent should be authorized, empowered and required to draw such proceeds and pay the same over to said companj , upon monthly estimates of work actually done upon said road, and the current expenses of said Company, and did appoint William Chrisman such financial agent for said county who took charge of said bonds and deposited the same with said Northrup & Chick. And, whereas, said Chrisman as financial agent as aforesaid, did sell a number of said bonds and did pay over in money and bonds to said company upon estimates of work done on said road the sum of one hun dred and thirty thousand dollars, and has remaining in his hands about the sum of twenty- five thousand, six hundred and eleven dollars and sixty cents, proceeds of the sale of bonds and accrued interest collected, and there remains on deposit with said Northrup & Chick one hundred and forty-seven of said bonds, being the balance of said bonds now in his hands and being the proceeds of the sale of a portion of said bonds heretofore sold, less any charges he may have for expenses incurred or commissions on sale of said bonds. And, whereas, a large amount of work consisting of gradation and masonry has been done upon said road by said company which has been greatly damaged by rain and other causes, and is liable to entire destruction if not repaired. And, whereas, as by reason of difficulties arising in regard to estimates of work done upon said road and other causes, suits have been commenced in reference thereto causing the entire suspension of work thereon. And, finally, said road and company have been thrown into bankruptcy, and a suit instituded and now pending in the District Court of the United States for the Western District of Missouri, by the assignees in bankruptcy of said road and company against said county of Jackson and William Chrisman, agent as aforesaid, to recover said bonds and the proceeds of such thereof as has been sold now in the hands of said agent, involving the whole subject n such complications as to render the carrying out of said modifying order impracticable, if not impossible. And, whereas, this court is informed and is satisfied from the installments of writing now before them that said Clinton & Kansas City Branch of the Tebo & Neosho Railroad Company with all its rights, privileges, franchises and property, including the rights of said Branch Railroad to said unsold bonds and the proceeds of such as were sold and remained in the hands of said agent, has been sold, conveyed and transferred according to law to the Kansas City, Memphis & Mobile Railroad Company, a corporation duly organized under the laws of the State of Missouri, and is the property of the last named company. And, whereas, said Kansas City, Memphis & Mobile Railroad Company propose to complete said road over the route heretofore adopted and partially constructed, and to establish depots at Kansas City, Westport and Hickman's Mill, as in said original order provided, and to adjudge and have dismissed the proceedings in bankruptcy and the suit against said county and Chrisman, as aforesaid. Now, therefore, in order to release said road and the County of Jackson and the said financial agent from all complications and embarrassments, and to faciliate the speedy completion of said road and carry out and fulfill the original object and purpose of said subscription, it is ordered by the court that as soon as a certified copy of the order of the District Court of the United States for the Western District of Missouri describing said proceeding in bankruptcy and said suit, is filed in the office of the clerk of this court, said William Chrisman, financial agent as aforesaid, be and is hereby ordered and directed to deposit with Donnell, Lawson & Co., bankers of New York City, the whole of the bonds aforesaid remaining unsold, and the balance of the proceeds of such of said bonds as may have been sold, together with the interest that may have been collected on any of such bonds remaining in his hands, such deposit to be made in the name of Jackson county, Missouri, as the property of said county and subject only to the order of this court, and said agent is required to take the receipt of said Donnell, Lawson & Co. to that effect, and return the same to this court at its next session after such deposit.

"And it is further ordered by the court that when said company shall have completed the gradation and masonry of said road in a style and quality provided for in said original order of subscription, and of a width and quality adapted to and suitable for a standard gauge railroad, and in a condition to receive the ties, and superstructure beginning at Kansas City, at the point named in said original order, and running over the same route heretofore adopted, and upon which work has been done from Kansas City to Harrisonville, in Cass county (stipulating hereby that said work shall include not only the unfinished gradation and masonry thereon, but the complete repair and adjustment to the standard gauge of such work as may have been done, and inferred as aforesaid) ; and shall also have secured the rights of way over said route, then upon the report of commissioners to be appointed by this court, who shall have made a thorough examination of the same, that said gradation and masonry has been completed, and the right of way secured as aforesaid, the whole of the proceeds of the sale of said bonds and the money deposited by said financial agent, as in this order provided, remaining in the hands of said Donnell, Lawson & Co., after the payment of such orders of this court, securing the right of way for said road for' adjusting claims in bankruptcy, and the cost of said proceedings in bankruptcy, as hereinafter named, shall be paid over to said Kansas City, Memphis & Mobile Railroad Company in full payment of the balance due upon said subscriptions. And said Donnell, Lawson & Co. are hereby authorized and directed to sell the said bonds at the highest prices that can be obtained, not less than eighty cents on the dollar, over and above commission, and exclusively of accrued interest, and to retain the whole of the proceeds of such sale, together with the money to be deposited as aforesaid by said financial agent, until the completion of the work upon said road as in this order provided, except so much thereof as this court may from time to time direct to be paid out for securing the right of way for said road within the County of Jackson, and eighteen thousand dollars or any less amount, to cover advances in adjusting claims in bankruptcy, and the cost of said proceedings in bankruptcy. And it is further ordered that when the provisions of this order are complied with by William Chrisman, agent, as aforesaid, and said bonds are removed from the banking house of said Northrup & Chick, said Chrisman as said financial agent, and said banking house of Northrup & Chick, shall be and they are hereby in that siJlit held harmless, and released from all further responsibilities in the premises. And it is further ordered that this order shall be in force and take effect when and not until the Board of Directors of said Kansas City, Memphis and Mobile Railroad Company, by an order duly entered of record in the books of said company, shall accept the same, in all its terms and provisions, and file with the clerk of this court a certified copy of such order of acceptance. Judges Yager and Mason dissenting. And afterward, towit, at the August adjourned term, 1873, and on the 20th day of said month, amongst others, the following proceedings were had and made, viz :

Resolution

At a meeting of Board of Directors of the Kansas City, Memphis & Mobile Railroad Company, held at the office of the company in Kansas City, July 26th, 1873, among other proceedings the following resolution was passed and recorded on the records of the company :

Resolved, That the order- passed by the County Court of Jackson County, at Independence, on the 24th day of July, 1873, at adjourned term, requiring this Company to complete the gradation and masonry on the line of the road from Kansas City to Harrisonville before said company shall be entitled to receive the balance of the bonds and money now in the hands of William Chrisman, financial agent of said county, which said agent holds in trust for this Company, and requiring said Chrisman, among other things, to deposit said bonds and money in the Banking House of Donnell, Lawson & Co., New York, is hereby accepted in all of its terms and provisions, and the Secretary pro tem. is hereby directed to cause to be filed with the Clerk of said county, at Independence, a copy of this resolution.

Henry Reihl

In the District Court of the United States for the Western District of Mo. : In the matter of The Clinton and Kansas City Branch of the Tebo & Neosho

At Court, City of Jefferson, in said district, on the 19th day of August, A. D. 1873, Western District of Missouri, ss. It now appearing to the Court that the publication ordered notifying all parties interested that an application for dismissal of proceedings herein had been filed, has been duly made, and alsoall costs and charges in this cause and in the several issues arising out of the same have been fully paid, as also all officers' fees, no objection having been filed to such dismissal nor any person interested having appeared and objected to an order dismissing proceedings herein.

Alfred S. Krekel

and the seal thereof at the City of Jefferson, in said District, on the 19th day of August, A. D., 1873. ALFRED S. KREKEL, Clerk of District Court for said District. Be it remembered that on the Tuesday August 19th, 1873, ^^ the District Court of the United States for the Western District of Missouri, the following, among other proceedings, were had to-wit :

Defendants. J Now, on this day of the costs being paid by the Kansas City, Memphis & Mobile Railroad, it is ordered by the Court that this cause be and the same hereby is dismissed.

UNITED STATES OF AMERICA, } Western District of Missouri, j ' I, Alfred S. Krekel, Clerk of the District Court of the United States for the Western District of Missouri, hereby certify that the writing hereunto annexed is a true copy of the record of the dismissal in the cause, wherein Morrison Mumford and James C. Babbitt, assigners of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad Company, Bankrupt, are plaintiff, and William Chrisman and Jackson County are defendants, as the same remains of record in said case in this office.

In witness whereof, I hereunto subscribe my name and affix the seal of said county at office in the city of Jefferson, in said District, this 2d day of August, A. D. 1873.

"And afterward, to-wit : at the June term 1874, and on the 6th day of said month, amongst others, the following proceedings were had and made, viz :

"Whereas, This Court at its July term, 1873, made an order in relation to the completion of the gradation and masonry of the Kansas City, Memphis & Mobile Railroad from Kansas City in this county to Harrisonville in the county of Cass ; and in pursuance of the terms of said order the bonds therein mentioned were placed in the hands of said Donnell, Lawson & Co., of New York, therein specified, who now hold the same or proceeds thereof; and,

"Whereas, Peter Soden and Patrick Soden, contractors, with said Kansas City, Memphis & Mobile Railroad Company, have done a large amount of work in said order provided to be done, which they claim to be due them from said company the sum of fifty-seven thousand, five hundred dollars, and for which they have a judgment against said company. And,

"Whefeas, Divers and sundry persons and corporations who claim to be creditors of said company have instituted suits in the State and county of New

York against said company in said State and county of New York, and are seeking to subject the said bonds or proceeds thereof to the payment of their said claims, and in order to prevent the same from being done, the county has also instituted certain suits in said county and State of New York, and which last suits are now pending. And,

"Whereas, Said company has also been adjudicated a bankrupt by the District Court of the United States for the Western District of Missouri.

Now Therefore, With a view to avoid further suits, litigation, delay, and id the end that said road may and shall be completed, it is ordered as follows : It is agreed by the County of Jackson, the said railroad company and said Sodens, that when and so soon as the said company or any one for it shall cause all of the said suits and proceedings so brought or pending against it in the State and county of New York to be dismissed, and said bonds and proceeds thereof to be relieved from any and all of the said claims, and the said proceedings in bankruptcy to be dismissed, and the proper evidence of such dismissal of all of said proceedigns to be filed in this Court, then the Court will cause the said suits so brought by the county to be dismissed and will also cause to be turned over Soden Brothers' bonds at eighty cents on the dollar or the proceeds thereof to the amount of their said debt, interest and cost as aforesaid, and will also cause to be turned over to the Continental Bank Note Company at eighty cents on the dollar or proceeds thereof to the amount of its judgment, in payment of the claims against said railroad company and will also cause to be paid to W. F. Chittenden in payment of his claim against railroad company bonds at eighty cents on the dollar or proceeds thereof to the amount of his judgment and warrants, being the claims on the Lillie & Co. and Morther warrants amounting not to exceed $5,600, with interest and costs to be added. And will also cause to be turned over to said railroad company an amount of bonds or proceeds thereof not to exceed $3,000- to be used solely in payment for services rendered by the engineers of said railroad company since the date of the aforesaid order and for no other purpose, and $1,000 of said bonds at eighty cents on the dollar or proceeds thereof to the amount of $1,000 shall also be turned over to the treasurer of Jackson county to be by him used in defraying the costs received by this county in the said suits by it brought as aforesaid ; the remainder of said bonds or proceeds thereof to be used and applied as hereinafter provided for and are hypothecated for said purposes alone, and to be held in trust therefor.

And in consideration of all which, and for such other consideration as may be agreed upon by said railroad company and the said Sodens' covenant, and agree to and with the County of Jackson, to proceed at once and do and complete the entire gradation, and repairing the old road bed of said road from Kansas City to Harrison ville, over the line and in such manner as is specified in their proposition heretofore, filed and proposed; and so soon as said gradation and repairing shall be fully completed from Kansas City to Belton, then an estimate of the work done in all by the said Sodens since the last estimate shall be made by such engineer as shall be selected and agreed upon by this court, the said company and said Sodens, at prices specified in the present contract of said Sodens with said company, except earth-work in repairing old road bed, for which forty (40) cents per cubic yard shall be allowed, and a sufficient amount of said bonds at eighty cents on the dollar, or proceeds thereof, if enough, there shall be paid over to said Sodens to pay said estimate ; and another like estimate shall be made when said Sodens shall have fully completed all work to a point equi-distant between said Belton and Harrisonville, and another like payment made if enough there be of said bonds, or the proceeds thereof, remaining.

And when said Sodens shall have fully completed said work to Harrisonville, another like estimate shall be. made, and paid for as before mentioned, if enough there be of said bonds or the proceeds thereof remaining ; but in no event shall this county be liable or bound to pay any other amount of money or bonds than is left in the hands of said Donnell, Lawson & Co. after the payments hereinbefore first provided for.

And if the said bonds or the proceeds thereof shall be exhausted at or before the completion of said road to any one of the aforesaid points, the said Sodens bind themselves to do and complete such work, as in their proposition embodied in preliminary order throughout, and rely wholly and solely on said company for the payment of any and all deficiencies. Said work shall be prosecuted with all reasonable diligence, and completed to said Harrisonville by the ist of December next, as provided, and conditions in the proposition of Soden Brothers embodied in preliminary order of court.

Before this order or any part thereof shall take effect or be in force, the said Sodens, with securities to be approved by the court, shall file herein their bond to the County of Jackson, in the sum of one hundred thousand dollars, conditioned for the faithful fulfillment and performance of each and every and all the provisions and conditi ns of this order, on their work provided to be done and performed, and the Kansas City, Memphis & Mobile Railroad Company shalUikewise file therein its written acceptance of all the terms, conditions and provisions of this order. The necessary engraving expenses to be paid at times of making estimates and paying same ; said road to be repaired and completed as now located, and at present width of old road bed, to wit - nine feet on surface. The said Soden Brothers also agree, on the terms aforesaid, to repair the third-class masonry of culverts to Bolton, in Cass county. It is further agreed that in completing the gradation of the road bed from Belton to Harrisonville, that where culverts are out of repair a gap may be left, as may be required by the engineer in charge of the right of way in Jackson county, to be provided for as in the order of July, 1873, Judges Yager and Mason dissenting.

In pursuance of the power and authority conferred upon us by the Board of Directors of the Kansas City, Memphis & Mobile Railroad Company, by a resolution dated and adopted May 26th, 1874, we hereby accept the terms of settlement and contract with Soden Brothers, and all the provisions and conditions of the trial order of the Jackson County Court, made and ordered to be recorded on the 6th day of June, 1874, in regard to the payment of the balance of the subscription of Jackson county and the completion of the road bed of said Kansas City, Memphis & Mobile Railroad oq the terms and in the manner in said trial and preliminary orders of said county court, as modified and adopted, is provided, and on the part of said Kansas City, Memphis & Mobile Railroad Company, and in pursuance of the authority vested in us by the aforesaid resolution of the Board of Directors, we hereby accept, consent to ratify and confirm said agreement and settlement as provided in said trial order and preliminary order of said County Court of Jackson county, and hereby consent and agree, on behalf of said railroad company, to carry out and perform all the requirements and conditions of said preliminary and final order of June the 6th, 1874.

Robt. T. Van Horn John W. Polk

Appointed by the Board of Directors of the Kansas City, Memphis & Mobile Railroad Company to complete and ratify the settlement with Jackson county.

The foregoing bid was accepted by the Construction Committee of the Clinton & Kansas City Branch of Tebo & Neosho Railroad, and afterward adopted and sanctioned by the Kansas City, Memphis & Mobile Railroad Company, and reduced to contract June 5, 1874.

Now at this day comes P. Soden & Bro. and file herein their bond as mentioned in the foregoing order, which said bond is in words and figures following, to wit :

Know all men by these Presents, That we, Peter Soden and Patrick Soden, under the firm name of Peter Soden & Brother, as principal, and Bernard Donnelly, Michael Diveley, Francis Foster, C. J. White, J. W. Cook, Amos Green, as securities, are held and firmly bound unto the Kansas City, Memphis & Mobile Railroad Company and the County of Jackson, in the sum of $100,000, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators firmly by these presents, signed and sealed, this 2d day of June, A. D. 1874. Now the conditions of the above obligation are such that, whereas, the above named Peter Soden 8z: Bro. have entered into a contract with said Kansas City, Memphis & Mobile Ra^road Company for the completion of the gradation and repairing of the road bed of the Kansas City, Memphis & Mobile Railroad from its starting point on the Santa Fe switch in or near Kansas City in the County of Jackson, to the town o'f Harrisonville in the County of Cass. Now, if the said Peter Soden & Bro. shall complete the gradation and repairing of said road bed according to the terms and stipulations of their said contract, and in the manner and within the time therein specified, and fully perform and keep said contract on their part, then this obligation to be void, else to remain in full force and effect.

the bonds of Jackson county on deposit with their pay to Peter Soden & Brother the sum of fifty-nine thousand, six hundred and eighty dollars and twenty-five cents in bonds at eighty cents on the dollar, or if said bonds are sold pay said sum of ($59,680.25) in money out of the proceeds of sale, also that they pay to the Continental Bank Note Company, of New York, the sum of $2,000 and interest, and costs in bonds at eighty cents on the dollar, or if sold pay said sum in money; also that they pay to John J. Mastin & Company so much of the judgment in favor of W. F. Chittenden as is owned by said John J. Mastin & Company ; and also pay to James Campbell the sum of three thousand dollars in bonds at eighty cents, or if sold in money, to be applied by said Campbell to paying pro rata the amount due the engineer corps, said amount to be paid by said Donnell, Lawson & Company so soon as the attachment suits now pending against said bonds are dismissed and discharged as to said bonds, and the leases, if any created thereby discharged, so as to release said bonds from all lease by reason thereof, said amount to bear interest until paid, except the three thousand dollars to James Campbell frpm the date of this order, and a certified copy of this order indorsed by the parties to whom said amounts are respectively payable, shall be sufficient authority to said Donnell, Lawson & Co. for paying, and a receipt to them or voucher against Jackson county. The one thousand dollars also to be paid the treasurer of Jackson county, to be applied as fees of said county and expenses and costs, same as the foregoing amounts.

The Mastin's judgments amount to $4,300. The county to dismiss its suit as soon as Judge Barbour, the attorney of Jackson county, is satisfied that the attachment leases on the bonds are all discharged. The dismissal of the bankrupt case also to be complete before any payment is made, and a certified copy of such dismissal to be presented to Donnell, Lawson & Co. before paying any of the aforesaid amounts. The right of way through Jackson county to be provided for out of funds with Donnell, Lawson & Co. if the amount now in the Mastin bond is insufficient to pay the same as per order of July, 1873.

Ordered by the court that Honorable John M. Barbour, of the City of New York, attorney, employed by this court to institute and prosecute certain suits in the name of Jackson county against the Continental Bank Note Company, W. F. Strickland, Strickland, the Kansas City, Memphis & Mobile Railroad Company and Donnell, Lawson & Company, bankers, of the City of New York. Which said suits are now pending in the Supreme Court, of said City of New York, be, and is hereby authorized and directed to dismiss said suits so soon as he is satisfied that all the suits now or hereafter pending in the courts of the county and State of New York against said Kansas City, Memphis & Mobile Railroad Company have been dismissed and the bonds of the County of Jackson and the proceeds thereof now in the hands of said Donnell, Lawson & Co. are fully and entirely released from any and all claims sued upon in said last n med suits, and that the proceedings in bankruptcy in the District Court of the United States for the Western District of the State of Missouri against said Railroad Company be discharged therefrom.

Ordered by the court that Donnell, Lawson & Co., bankers, of the City of New York, be, and they are hereby authorized and directed out of the proceeds of the bonds of Jackson county now in their hands, which by an order of this court, made on the 23d day of June, 1874, was directed to be paid into the county treasury to pay fees, expenses and costs in certain suits brought by said county in the Superior Court, of New York, they pay all such costs as may be required to be paid before the dismissal of said suits, and report the amount so paid to this court, and this order shall be then sufficient authority for paying the same.

And afterward, to-wit: at the October term, 1874, and on the 26th day of said month amongst others, the following proceedings were had and made, viz :

In the matter of the Kansas City, Memphis and Mobile Railroad Company. This day comes the said Kansas City, Memphis and Mobile Railroad Company, also Peter Soden & Brother, and file the estimate for work done in completing the gradation of the Kansas City, Memphis & Mobile Railroad to Belton, in the County of Cass, under the contract heretofore made and entered into between the County of Jackson, said railroad company and said Peter Soden & Brother, which estimate amountstothesum of $52,151 24; and also the account for engineering expenses under said contract, which said account amounts to the aggregate sum of $4, 730 90. And the Court having duly signed, and attested by the engineers, and the Court being satisfied by their correctness ; and it is also further appearing to the Court that the estimate of said Soden & Brother and said engineers' accounts exceed the residue of the subsciiption of Jackson county now receiving the hands of Messrs. Donnell, Lawson & Company, of No. 92 Broadway, New York, in the bonds of Jackson county or their proceeds if sold.

It is therefore ordered by the Court that said Donnell, Lawson & Co., on the presentation, by said Peter A. Soden & Brother, of a duly certified copy of this order, pay to said Soden & Brother all the remaining bonds of Jackson county now in their hands; or, if sold, the proceeds thereof, and the said certified copy of this order so presented by said Soden & Brother with their receipt thereon shall be a full and complete voucher and discharge to said Donnell, Lawson & Co. from all liability under their said trust for said bonds and their proceeds ; and it is also ordered that said Soden & Brothers pay over to said engineers the amount of said engineers' account in bonds at eighty cents on the dollar, or if sold, in money. Also that the said Kansas City, Memphis & Mobile Railroad Compariy file with the Clerk of this Court a receipt in full for the subscription of said County of Jackson, and that said county be and is hereby released from all further liability under its said subscription, and- all contracts made in reference thereto, both to said railroad company and to said Soden & Brother, this being a full and final setdement of said subscription of Jackson county, so far as the county is concerned, of all liability on her part under the aforesaid contract with Peter Soden & Brother."

Received of the County of Jackson for and in behalf of the Kansas City, Memphis & Mobile Railroad Company, three hundred thousand dollars in bonds, at their face, being in full of the subscription of said county to the Tebo & Neosho Railroad Company to aid in the construction of the Clinton & Kansas City Branch, and which last named Branch road was afterward sold and with all its assets stransferred to the Kansas City, Memphis & Mobile Railroad Company. This receipt to cover all former receipts.

I, William J. Hickman, Clerk of the County Court, within and for the county and State aforesaid, do hereby certify that the foregoing is a full and complete transcript of all the proceedings in the matter of the subscriptions of Jackson county to the Clinton & Kansas City Branch of the Tebo & Neosho Railroad Company as fully as the same appears of record in my office.

In testimony whereof I have hereunto set my hand and affixed the seal of said county at my office, in the City of Independence, this 20th day of November, A. D. 1878.