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 OREGON AND CALIFORNIA RADLROAD 251 the Portland capitalists were taken in they would lose control of the company. The general concensus of opinion seems to have been in favor of such a plan. Gaston went to Portland on this mission and there obtained their sig- natures, 20 and made with them an agreement which prac- tically gave them charge of the road. 21 The articles of incorporation had not yet been filed. About the middle of November J. S. Smith, one of the signers of the articles asked of the Secretary of State to see them, 22 and found they had not yet been returned and filed by Gaston. On November 17, 1866, I. R. Moores, J. S. Smith and E. N. Cooke* (heretofore not concerned), hastily drew and filed new articles of incorporation, while Gaston was still in Portland, 23 in order to beat out Gaston. Upon his re- turn Gaston filed the original articles of incorporation. When he presented the articles he did not present the same articles which the Secretary of State had endorsed "October 6, 1866." So the articles were dated as filed November 21, 1866. The original endorsed articles were filed in Multnomah County, November 23, 1866. 24 In April, 1867, Elliott and T. R. Brooks came from California claiming to represent capitalists in California, and the East. They presented a proposition to I. R. Moores and others to aid the Oregon Company in finan- cing the road. The company of November 17, 1866, was not organized for the purpose of building a railroad, but to beat out Gaston since the capital stock was only placed at $500,000. In order to carry out the plan presented by the California company, another Oregon Central Railroad Company was organized on April 22, 1867, having as incorporators John H. Moores, J. S. Smith, Geo. L. Woods, E. N. Cooke, <*§ 20 Ibid. 21 SeeContractinO.&C.R.R.vs. U.S. 22 See Appendix D. It is probable too that the fact that the articles had not been filed was known to Mr. Moores, since he was Assistant Secretary of State at that time. 23 The capital stock was placed at $500,000. 24 See Appendix D.