The CHAIRMAN. What is the purpose of that, Judge? Were you asked that or did you have some thought independently of a request for them? Mr. BUNN. I was asked to produce the company's deed; now I produce all of them, which explains completely the whole transaction. The CHAIRMAN. And what deduction do you wish us to draw from the deeds? Do you have some particular purpose in mind? Mr. BUNN. To show the character of this foreclosure of 1896; that is all. The CHAIRMAN. I did not know whether you were offering it to meet some particular criticism that has been raised or some point that has been raised. Mr. BUNN. The suggestion has been made here that there was no real foreclosure in 1896. I take the stand on that subject. That is my topic, and these things I am producing, I think, have some bearing on that question. NORTHERN PACIFIC DEEDS TO NORTHERN PACIFIC RAILWAY COMPANY I.-Master's Railroad Deed II.-Master's Land Deed III.-Company's Railroad and Land Deed IV. Trustee's Deed V.-Receivers' Deed 1896 FRANCIS LYNDE STETSON, General Counsel, 39564-25-PT 1 - 39 603 I. GENERAL RAILROAD DEED ALFRED L. CARY, AS SPECIAL MASTER, TO NORTHERN PACIFIC RAILWAY COMPANY, AUGUST 18, 1896 An indenture made this eighteenth day of August, in the year one thousand eight hundred and ninety-six, between Alfred L. Cary, as special master, as hereinafter described, party of the first part, and Northern Pacific Railway Company, a corporation created by and existing under the laws of the State of Wisconsin, party of the second part. Whereas the Northern Pacific Railroad Company, a corporation created by an Act of Congress of the United States, approved July 2d, 1864, entitled "An Act granting lands to aid in the construction of a Railroad and Telegraph line from Lake Superior to Puget Sound, on the Pacific coast, by the Northern Route," by Joint Resolution of Congress, approved March 1st, 1869. was authorized to issue its bonds and secure the same by mortgage upon its railroad and telegraph line for the purpose of raising funds with which to construct said railroad and telegraph line between Lake Superior and Puget Sound, and also upon its branch to a point at or near Portland, Oregon, and by a Joint Resolution of Congress, approved May 31st, 1870, was authorized to issue its bonds to aid in the construction and equ pment of its road and to secure the same by mortgage on its property and rights of property of all kinds and description, real, personal and mixed, including its franchises as a corporation: and Whereas said Northern Pacific Railroad Company, for the purposes authorized by said Joint Resolutions, executed to the Farmers' Loan and Trust Company, as Trustee, its two certain mortgages as follows: (a) A certain mortgage dated May 1st, 1879, known as its Missouri Division Mortgage, to secure an issue of its bonds, of which there were outstand ing on January 1, 1896, bonds to the aggregate amount of $1,815,500 of principal. (b) A certain mortgage dated September 1st, 1879, known as its Pend d'Oreille Div sion Mortgage, to secure an issue of its bonds, of which there were outstanding on January 1st, 1896, bonds to the aggregate amount of $357,000 of principal; and Whereas said Northern Pacific Railroad Company, for the purposes authorized by said Joint Resolutions, thereafter executed its four certain mortgages as follows, viz.: (1) A mortgage dated January 1st, 1881, to the Central Trust Company of New York, as trustee, known as the General First Mortgage of said Company, under which mortgage said Company issued and there were outstanding on January 1st, 1896, the bonds of said Company known as its General First Mortgage Bonds to the aggregate amount of $41,879,000 of principal. (2) A mortgage dated November 20th, 1883, to The Farmers' Loan and Trust Company, as trustee, known as the General Second Mortgage of said Company, under which mortgage said Company issued and there were outstanding at the date of the decree hereinafter mentioned the bonds of said Company known as its General Second Mortgage bonds to the aggregate amount of $19,216,000 of principal, bes des the interest thereon. (3) A certain mortgage dated December 1st, 1887, to The Farmers' Loan and Trust Company, as trustee, known as the General Third Mortgage of said Company, under which mortgage said Company issued, and there were outstanding at the date of the decree hereinafter mentioned, the bonds of said Company known as its General Third Mortgage bonds to the aggregate amount of $11,461,000 of principal, besides the interest thereon; and (4) A certain mortgage dated December 2d, 1889, to The Farmers' Loan and Trust Company, as trustee, known as the Consol dated Mortgage of said Company, under which mortgage said Company issued, and there were outstanding at the date of the decree hereinafter mentioned, the bonds of said 605 |