DIY History | Transcribe | Building the Transcontinental Railroad | Mississippi and Missouri Railroad Company power of attorney contract for Thomas C. Durant and Henry Day, May 8, 1863

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Mississippi and Missouri Railroad Company power of attorney contract for Thomas C. Durant and Henry Day, May 8, 1863

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purposes above in that behalf specified, and as such Attorney and agent as aforesaid faithfully to do all such things as may be necessary to keep and maintain said Railroad and other property in good working order, and diligently to run and operate the same for the profit of said Company; and also that he will proceed at once in the performance of his said contract and expend before January 1st 1864 in advance of payments heretofore otherwise made therein to such extent as shall entitle him by said contract to the sum of One Hundred and Fifty Thousand Dollars or upwards in cash besides what was due to him January 1st 1862. Nothing herein contained shall be construed to affect or impair the rights or obligations of either party to these presents as they now exist under the previous agreements and transactions had between them except to the extent herein expressly stated and declared. In case of any dispute as to what belongs to operating Expenses during the said time, the same shall be decided by the Engineer and Superintendant in charge, who in case of disagreement may call in a third party whose decision shall be final, and any question as to repairs &c. shall be decided by the same party. In case the said Durant shall have recieved before the Expiration of the two years above named the proportion of the said Earnings of said Road from July first Eighteen hundred and sixty two to January first Eighteen hundred and sixty four which are to be paid him as herein provided, then from the time of such full payment to him, this agency shall cease and

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purposes above in that behalf specified, and as such Attorney and agent as aforesaid faithfully to do all such things as may be necessary to keep and maintain said Railroad and other property in good working order, and diligently to run and operate the same for the profit of said Company; and also that he will proceed at once in the performance of his said contract and expend before January 1st 1864 in advance of payments heretofore otherwise made therein to such extent as shall entitle him by said contract to the sum of One Hundred and Fifty Thousand Dollars or upwards in cash besides what was due to him January 1st 1862. Nothing herein contained shall be construed to affect or impair the rights or obligations of either party to these presents as they now exist under the previous agreements and transactions had between them except to the extent herein expressly stated and declared. In case of any dispute as to what belongs to operating Expenses during the said time, the same shall be decided by the Engineer and Superintendant in charge, who in case of disagreement may call in a third party whose decision shall be final, and any question as to repairs &c. shall be decided by the same party. In case the said Durant shall have recieved before the Expiration of the two years above named the proportion of the said Earnings of said Road from July first Eighteen hundred and sixty two to January first Eighteen hundred and sixty four which are to be paid him as herein provided, then from the time of such full payment to him, this agency shall cease and