HENRY DAY.                                4007
10 Wall Street, New York,
Friday, September 30,1887.
HENEY DAY, being duly sworn and examined, testified as follows:
By Commissioner Anderson :
Question. You are an attorney at law and reside in New York f— Answer. Yes.
CONNECTION WITH ATCHISON AND PIKE'S PEAK ROAD ;  NOW CENTRAL BRANCH UNION PACIFIC.
Q. Have you had any special connection at any time with a railroad formerly known as the Atchison and Pike's Peak Eailroad Company, and now known as the Central Branch Union Pacific ?—A. I have had connections with them both, as being personally interested in the stock and bonds, and I was also for some years counsel for the company.
Q. During what years were you familiar with the inception and development of that enterprise?—A. 1 was not connected with it at its inception. I was brought into it by the then counsel, Mr. Effingham H. Nichols, who was for many years the counsel, and probably the first counsel, of the enterprise. He remained so, I should think, up to, perhaps, 1871 or 1872. For four or five years I was also counsel, and perhaps associate counsel with him.
Q. For four or five years preceding 1871 ?—A. No; succeeding that time.
THE RIGHT  GIVEN  TO THE  HANNIBAL AND SAINT JOSEPH RAILROAD
COMPANY.
Q. Have you any knowledge connected with the early history of the road prior to 1871 ?—A. I only know the manner in which the road was built, and I have some general recollection of the affairs of the company. In the act of 1862 the right to build 100 miles of road west of the Missouri Eiver was given to the Hannibal and Saint Joseph Eailroad Company, that company to receive lands and bonds at the same rate that the other Pacific railroads did.
Q. Is the point on the Missouri Eiver defined in the act J—A, No; it is not.   The language is as follows:
Section 13. The Hannibal and Saint Joseph Railroad Company of Missouri may extend its roads from Saint Joseph via Atchison, to connect and unite with the roads through Kansas, upon filing its assent to the provisions of this act, upon the same terms and conditions, in all respects, for 100 miles in length next to the Missouri River, as are provided in this act for the construction of the railroad and telegraph line first mentioned, and may for this purpose use any railroad charter which has been or may be granted by the legislature of Kansas: Provided, That if actual surveys shall render it desirable, the said company may construct their,road, with the consent of the Kansas legislature, on the most direct and practicable route west from Saint Joseph, Missouri, so as to connect and unite with the road leading from the western boundary of Iowa at any point east of the one hundredth meridian of west longitude, or with the main trunk road at said point, but in no event shall lands or bonds be given to said company, as herein directed, to aid in the construction of their said road for a greater distance than 100 miles. And the Leavenworth, Pawnee and Western Railroad Company of Kansas may construct their road from Leavenworth to unite with the road through Kansas.
ASSIGNED TO THE ATCHISON AND PIKE'S PEAK RAILROAD COMPANY.
Q. How did that right pass to the Atchison and Pike's Peak road ?— A. They took an assignment of this road under the statute, the Atchison and Pike's Peak road being the road that is organized under the