Page images
PDF
EPUB

if they do not otherwise agree, in the following manner: The party of the first part shall nominate two disinterested experts, one of whom shall be charged with the duty of representing and acting in the interest of the Omaha bridge, the other of whom shall be charged with the duty of representing and acting in the interest of the main line of the party of the first part, and the parties of the second and third part shall each nominate a disinterested expert, each of whom shall be charged with the duty of representing and acting in the interest of the second and third parties, respectively, and if the experts so nominated shall unanimously agree upon a decision of the matters and questions submitted for their determination, such decision shall be final for the succeeding year; but if they shall not agree upon a unanimous decision, said experts shall agree upon a fifth expert, and a decision of a majority of said five experts upon the matters and questions submitted for their determination shall be final for the succeeding year; and it shall be the duty of such experts, in considering the matters and questions submitted for their determination, and in forming their decision thereon, to give careful and due regard to the natural and legitimate growth of local freight and passenger traffic of the railroads of the parties hereto, that in determining the percentages of the respective parties hereto, the railroad of each of the parties hereto shall receive due allowance for earnings from freight or passenger traffic naturally belonging to said railroad, respectively; and it shall also be the duty of such experts to give full force and effect to the spirit and intention of this agreement, which is hereby declared to be to operate the railroads of the parties hereto as one property and in such manner as to produce and to assure the greatest financial benefits to them as a united interest.

Fifth. That the accounts of gross receipts of all freight, passenger, and other traffic of the railroads of the parties hereto shall be kept by the proper officers thereof, and all of said receipts shall be remitted to the joint treasurer of said companies at Boston under such rules and regulations as the managers shall direct.

Sixth. That each of the parties hereto, when it can consistently be done without especial difficulty or injury to itself, will, if required, accommodate either of the other parties hereto with materials and supplies used in operating said lines of railroads at the same rates charged to itself, by whom the same may be furnished, and that the rate of transportation of said materials and supplies shall be one cent per ton per mile.

Seventh. That this agreement shall continue operative and controlling upon the parties hereto for fifty years from the date of its inception, which last-named date shall be within thirty days from the making hereof.

Eighth. That this agreement is subject to the ratification of the United States circuit court for the district of Kansas, in the suit of A. Meier et al. vs. The Kansas Pacific Railway Company et al.

In witness whereof the parties hereto have caused the same to be executed by their executive officers, this first day of June, one thousand eight hundred and seventy-eight, the receivers signing the same with their own proper hands.

THE UNION PACIFIC RAILROAD COMPANY,
By SIDNEY DILLON, President.

KANSAS PACIFIC RAILWAY COMPANY,
By ROBERT E. CARR, Pt.

COLORADO CENTRAL RAILROAD COMPANY.
W. A. H. LOVELAND, Prest.
Per J. P. USHER.

Witness:

H. H. CLARK,

C. S. GREELEY, Receiver.
HENRY VILLARD, Receiver.

39.

The Western Union Telegraph Company. Dated Pine Bluffs, Neb., 11, 1878. Received at Leavenworth, Kas., June 11, 2.20 p. m.

To Hon. J. P. USHER:

Executive Committee of Colorado Central have ratified the pooling contract, and I have signed the copies here. You are authorized to sign the Colorado Central contract in your possession as attorney in fact. Answer if this is satisfactory.

43 D. H., via Om.

W. A. H. LOVELAND,
Prest. C. C. R. R.

(Endorsed:) No. 1894. The Union Pacific Railroad Company with the Kansas Pacific Railway Company and others. Agreement. Dated June 1st, 1878. Filed June 13th, 1878. A. S. Thomas, clerk, by J. N. Strickler, deputy.

UNITED STATES OF AMERICA,

District of Kansas, ss:

I, A. S. Thomas, clerk of the circuit court of the United States of America, for the district of Kansas, do hereby certify the foregoing to be a true, full, and perfect copy of the agreement between the Union Pacific Railroad Company and the Kansas Pacific Railway Company and others, in the suit of Adolphus Meier et al. vs. The Kansas Pacific Railway Company et al., No. 1894, in said court.

In testimony whereof I have hereunto set my hand and affixed the seal of said court, at my office in Topeka, in said district of Kansas, this 14th day of June, A. D. 1878. [SEAL.] A. S. THOMAS, Clerk, By J. N. STRICKLER, Deputy.

[blocks in formation]

The duties of this professorship are for the present discharged by the professor of history and ancient languages.

TWENTY-FIRST ANNUAL REPORT

OF THE

COLUMBIA INSTITUTION FOR THE DEAF AND DUMB.

COLUMBIA INSTITUTION FOR THE DEAF AND DUMB,
KENDALL GREEN, NEAR WASHINGTON, D. C.,

November 1, 1878.

SIR: In compliance with the acts of Congress making provision for the support of this institution, we have the honor to report its progress during the year ending June 30, 1878.

NUMBER OF PUPILS.

The pupils remaining in the institution on the 1st day of July, 1877, numbered... 81 Admitted during the year..

Since admitted..

Total.....

15

21

117

Under instruction since July 1, 1877: males, 103; females, 14. Of these, 66 have been in the collegiate department, representing twentyfive States and the Federal District, and 51 in the primary department.. A list of the names of the pupils connected with the institution since: July 1, 1877, will be found appended to this report.

PROMOTION OF OFFICERS.

Mr. John Burton Hotchkiss, a graduate of our college, B. A., 1869, M. A., 1874, who has filled a position in our college faculty as tutor in history and English since 1869, was promoted to an assistant professorship last October. At the same time the board of directors promoted to the same rank Mr. Amos G. Draper, also a graduate of our college, B. A., 1872, M. A., 1876, who has filled a position in our college faculty as tutor in mathematics and Latin since 1872.

Miss Mary T. G. Gordon, who has been for many years a faithful and successful teacher in our primary department, has devoted herself during the summer vacation just passed to the study of Bell's system of visible speech, under a competent instructor, and is now giving all her time to the teaching of articulation and lip-reading to pupils in the primary department. The results of her efforts in this interesting department of deaf-mute instruction will be fully stated in our next report.

Mr. Wilbur Norris Sparrow, a graduate of our college in 1877, has been engaged for one year as an instructor in the primary department, and has assumed the duties hitherto discharged by Miss Gordon.

No other changes have occurred among our officers during the year, and all have discharged their several duties in a manner deserving of hearty commendation.

HEALTH OF THE INSTITUTION.

We are permitted to record another year of exemption from sickness of any serious nature, with a single exception.

Death of James M. Cosgrove.-In April last Mr. Cosgrove, of Minne

« PreviousContinue »