VIRGINIA CITY, NEV. 
 
 TEIST DEEIK 
 
 MO.\DA¥.OCTOBER 4. 1860. 
 
 SUTRO TUNNEL COMPANY. 
 
 [This is to certify that I have tilts 20.h day of April, 
 A. I). 13t'-6, atlixed to the within Instrument and can¬ 
 celled ihc Internal Revenue stamp required by the 
 Internal Revenue Aet of June SO. 1864, as amended 
 March 3, 1865. FRA ' K 80ULE, 
 
 Collector First District California.] 
 [U. 8. Rev. stamp. $10—Nevada Rev. stamp", $10.1 
 rpiIIS INDENTURE MADE AND ENTERED INTO 
 A this 26tb day of April, in the year of our Lord One 
 — — thousand eight hundred and sixty-six, between Wm. M. 
 
 , , .. . „ , , Stewart, I). E. Avery, II. K .Mitchell and Louis Janin, 
 
 In order that the public may properly under- Jr., trustees of the Sutro Tunnel Company, parties of 
 
 stand the present status of the Sutro Tunnel part?™ 1 ^itSeKe^“ d that d0li VVh^reas; P bT an Act*Sf°the 
 Company, and the powers vested in their agent, Legislature of the Stale of Nevada, entitled “An Act 
 a,. Aa.lph8.U0, ,h. following a hereby «*. fSSS&i«^S& 
 
 milted : 
 
 The Sutro Tunnel Company, organized a 
 
 . approved February 4th. 1865, the Legislature of 
 said .Slate granted to the aald A. Sutro and his associ- 
 his and their successors and assigns, for ihe 
 
 State of Nevada, on July 24, 1866, and elected the exclusive privilege to run, construct and excavate a 
 foliowing officers: President, William M. Stew- 
 
 srt; Treasurer, William B. Thornburgh; Secre- boundaries of the county of Lye - . -■ 
 
 tr.ry, D. N. Anderson; Trus.ees : William M. r ‘ r ""' n anA W “ KK “" r ' a "" 
 
 .Stewart, Louis Jauiu, Jr., Henry K. Mitchell, D. 
 
 IS. Avery and Adol;h Sutro. 
 
 Mr. Stewart was afterwards requested to resign 
 (which he did by telegram from Washington,) as 
 it was not considered proper that one of our 
 Senators should act as an officer of the Company 
 while the question of granting a subsidy was 
 pending before Congress. Mr. Adolph Su’ro was 
 thereupon elected President of the Company, and 
 Patrick O. Hundley one of the Trustees. 
 
 In order to carry out the objects of the Com¬ 
 pany and to raise the requisite capital abroad, it 
 became necessary that the most ample powers 
 
 > wii nuu d uuucr vttiijruu. «uu rino granuia 
 other rights and privileges, which fully appear in said 
 
 And, whereas Ihc said A. Sutro and the above named 
 Wm. M. Stewart, D. h. Avery, Louis Janin, Jr., and 
 II. K. Mitchell have associated themselves together, 
 under the name and stylo of the “ Sutro Tunnel Com¬ 
 pany,” for Ihe purpose of running and completing said 
 l'uunel In accordance with the terms and conditions of 
 said legislative enactment. 
 
 And, whereas the said Sutro Tunnel Company are 
 desirous of raising money to secuie the early com¬ 
 pletion of said Tunnel. 
 
 .Now, therefore, fn consideration of the premises, and 
 in cons'deratlon of the sum of one dollar, lawful money 
 of the United States, to the parties of the first partin 
 hand paid by the party of ihe second part, at or before 
 ■ ~:ailng and delivery of these presents, ihe parties of 
 I—.-. ---• *-irgalned, r 1 ‘ ’ 
 
 be first p'l 
 
 Xtnd^c 
 
 the 
 
 have granted, 
 
 by these prese. 
 
 ivey to the parly 
 ■ust hereinafter - 
 
 do grant, 
 if the second 
 mtloned, 
 
 
 ib,mid be vested in the agent of the Comp my, so 
 
 t .at he might be enabled to close negotiations in 
 the East or Europe without first consulting the 
 Tiustees of the Company. 
 
 Mr. Adolph Sutro was duly elected such agent, 
 and the following powers were granted to him 
 from time to time, under which he is now acting; 
 the organization of the Company and the Hoard 
 of Trustees exist as heretofore, and approve of 
 
 r possessed 
 
 o hold it, 
 
 lerest of the parties of’the first]_ 
 
 wheilier joint or several. To have 
 for the purposes hereinafter mentioned, an and singu- 
 rsonal property, franchises, 
 
 ' -k interests lo the 
 
 , assigns and i 
 
 ts, obligations, 
 
 
 lion of persons, to be formed for the purposes contem¬ 
 plated by this association. 
 
 And we do hereby further authorize and empower 
 said Agent to increase or diminish the capital stock of 
 this Association; to receive subscriptions to the Sutro 
 Tunnel Company from any and all persons or corpora¬ 
 tions; to make the necessary agreements with sub¬ 
 scribing parlies to deliver to them so many shares of 
 the stock of this Association, or of the Corporal Ion or 
 Association to be formed, or which may bo its succes¬ 
 sor, as such subscription may justly entitle the suo- 
 scriberto; to make, i xecute, sign, seal, acknowledge 
 and deliver, in the name of this Association, any duod 
 or deeds, contract or contracts, or any instrument in 
 writing whatever nece.-sary tor the execution and per¬ 
 formance of all or any of the powers herein conferred 
 uponhim. The appointment of said Agent, conferring 
 upon him the (towers herein expressed, are lor the pur¬ 
 pose of accrediling him wherever he mav go, and 
 binding this Association tit all times and in any 
 event to each nnd all his sets in pursuanee 
 hereof made and declared final and irrevocable lor the 
 purposes and objects herein contained, and shall re¬ 
 main and continue in full force and ellectand he Irre¬ 
 vocable for the period of eighteen months from the date 
 hereof, unless said agent sha.l within such time make to 
 Bitch corporation or association to be formed as aforesaid, 
 the conveyance und transfer herein provided to be made, 
 in which case the powers herein conferred shall deter¬ 
 mine and cease. Giving and granting to onr said agent 
 f nil po w er and authority t o do and periurm, all and slug u - 
 lnr, the acts and things which may be requisite or neci s- 
 sary to be done in and about the premises, for the duo 
 execution of ihe powers herein conferred, hereby rati¬ 
 fying and confirming all that our said agent inuy law¬ 
 fully do or cause to be done by virtue hereof. 
 
 Uncss whereof v— w.—— -1 —- 
 
 r. b“C?r°° 
 
 The Sutro Tunnel Company by 
 
 WILLIAM M. STEWART, 
 
 LOUIS JANIN, Jb., Tru.tco, [seal.] 
 
 D. E. AVERY, Trustee, [seal.] 
 
 HENRY K. MITCHELL, Trustee, [seal.] 
 
 The words “ may hereafter be,” inierllnedon twentv- 
 first line, first page, and the word “or” written over 
 the erased word “and” on twenty-eighth line, seine 
 page, before st„ning. JOSEPH L. KING. 
 
 State of Nevada, County ot Storey, ss.—On this SOth 
 day of April, A. D. 1867. before me, Joseph L. King, a 
 Notary Public in and for said county, duly commissioned 
 and sworn, personally appeared Louis Janin, Jr., D. K 
 Avery and Henry K. Mitchell, known to me to be the 
 Trustees cf the Sutro Tunnel Company and personally 
 known to me to be the persons described in and who 
 executed the annexed instrument, who acknowledged to 
 me Ih«t IL..V mg|U|d ■*.= -- -•ch Trustees treely 
 
 
 r the uses at 
 
 
 d ts l\i 
 
 : Tli 
 
 le Intel 
 
 hat the said party of the second part shall li 
 ■by authorized to convey the whole of sal 
 
 ey- 
 
 Witness, mv hand nut 
 
 In this certificate first a.. ....__ 
 
 [seal.] JOSEPH L. ICING, Notary Public. 
 
 official seal, the day and y 
 
 POWER OF ATTORNEY. 
 
 
 after be formed, _ __ _ _ _ 
 
 Sutro Tunnel Id accordance' with the said not of the 
 Legislature, the purposes of the said Sutro Tunnel 
 
 [$1 State Rev. stamp, aud $1 U. S. Rev. stamp—can¬ 
 celled.] 
 
 K now all men by these presents .- 
 
 That we, Wm. M. Stewart, Louis latfin, Jr , D. E. 
 Avery and Henry K. Mitchell, having and reposing full 
 faith and confidence In the capacity and Integrl y of pet 
 Adolph Sutro, have this day jointly and severally uuido, 
 cutts-liuted and appointed him, and by those presents 
 do make, constitute and appoint him our true and law¬ 
 ful Attorney In fact, for us, and In our names, jointly 
 and severally, to make and ent- r into contracts mut 
 agreements, such as in his judgi 
 or proper, fort hs sale, conveys 
 
 all and singular, the real osta. . , ,__ 
 
 franchises, obligations, contracts, privileges, rights am. 
 interests of the Sutro Tunnel Company, of the State of 
 Nevada, the same being a joint stock association, or¬ 
 ganized for the purpose or holding and enjoying the 
 —....- 1 * nrhlscs secured by an Aet or the Leg- 
 
 Company as expressed in the articles or assocladon 
 nnd curtain contracts heretofore made and hereafter 
 to bo made up to the time of such transfer, by and be¬ 
 tween the parties to this Indenture., and ccr aln persons 
 and corpora.ions owning mining claims on that quartz 
 lode, situated In the County of Storev, State of Nevada 
 known as tlio Comstock lode, provided always, that any 
 
 -, who shall make o ____ 
 
 with the party of the second part hereto, and shall r< 
 -fit conveyance from him, shall keep and r 
 
 privileges and franchises secured by an Act or ; 
 lslature ot the State of Nevada, entitled " 
 
 ncl ”—approved February 4, 1865—and of which Com¬ 
 pany we, In conneclicti with A. Sutro, are the sole 
 owners and Trustees, giving unto our said Attorney full 
 power and authority to contract with any person or 
 persons, corporation or corporations, association or 
 associations, in such manner as to secure the early 
 completion of such Mining or Draining Tunnel In ac- 
 
 e lrdance wlthsuch Ac" * # T —■■- ... 
 
 .jects and purposes ■ 
 
 . the parties of the first and second pari, and 
 ...... for the joint stock associaiicn, “ the Sulro Tunnel Com- 
 
 • be advl-able pmp,” of which the parties hereto are trustees, such 
 demising of, interest a-- the party of the second part may be able to 
 secur», giving an i granting to the party of the. second 
 part full power and discretion to contract concerning 
 Ih i same. The interest hereby provided to be. reserved 
 shall be delivered, either in the form of certificates of 
 shares of stock of such corporation, or In con¬ 
 veyances, as the nature of the case may require, 
 which shall be delivered to the party of the seconii part 
 hereto, who shall hold the same subject to the uses aud 
 purposes af iresald. and the same shall be distrlhu'ed in 
 such manner as the said joint stock association, “The 
 Sutro Tunnel Company,” may thereafter direct. 
 
 And the said party of the second part is hereby fullv 
 authorized and empowered to do and perform, all anil 
 singular, every act or acts, necessary or proper to tlio 
 carrying out of the objects of this conveyance, nnd all 
 such a-ts are hereby fully ratified nnd confirmed. And 
 
 of the Legislature, and the oh- the parly of tiie second pari accepts this ci 
 
 - ---jf such joint stock association. 
 
 --o Tunn 1 Com-lany,” as expressed in the 
 
 By-Laws thereof, charging ami requiring our said At¬ 
 torney iu such contract or contracts as he mav make 
 concerning the same, to secure for us. and the said 
 Sutro Tunnel Company, such reserved Interests In the 
 contemplated works, and the benefits arising therefrom, 
 as he may be able to Recure, and In Ills discre¬ 
 tion accept; giving and granting unto him a 
 full power and authority to make contracts in 
 writing, execute deeds, releases, powers, ssidgnmet ts, 
 and such other Instruments In writing as ring be neces¬ 
 sary or proper to the full and complete carrying out of 
 e objects and purposes of the said Act of the Leglsln- 
 
 an 1 trust, subject to the conditions and purposes herein 
 expressed, and promises and agrees, on his part, to do 
 aud perform the acts herein provided, according to the 
 true intent and meaning of this indentura. 
 
 In witness whereof, the parties hereto have set their 
 haii ts and afiixoU their seals, the dav and year first 
 
 
 Sutro Tunnel Company, and in conformity with 
 ...wera conferred to the Board of Trustees by ar¬ 
 ticles 15, 16, 17 and 18 (hereof, and for the purpose of 
 more effectually carrying out the objects expressed in 
 the above instrument, we hereby renew the appoint¬ 
 ment or Adolph Sutro aa our agent and the agent of 
 sold Company, revesting him fully and Irrevocably with 
 ail the powers therein expressed for the further tune or 
 five years from the date hereof or until the objects of 
 the association are accomplished, hereby ratifying and 
 confirming all that our said agent may lawfully door 
 cause to lie doue by virtue hereof, and of the powers m 
 said instrument expr-ssed. 
 
 In Witness whereof we hereto set our hand and seals 
 as Trustees of the Sutro Tunnel Company fills 2Sd d..y 
 of September, A. D. 1868. 
 
 The Sutro Tunuel Company by 
 
 LOUis JANIN, Jtt., [seal.] 
 HENRY K. MITCHELL, [seal.] 
 
 1*. O. HUNDLEY. (seal. 
 
 D. B AVERY, [seal.] 
 
 or the Sutro Tunnel Company. 
 
 State of Nevada, County of Storey, ss.—On this 23<l 
 day of September, a d. 1868, before me, Richard L. 
 Thomas, a Notary Public lu and for said county, re¬ 
 siding therein, duly commissioned and sworn, person- 
 ally appeared Louis Janin, Jr., Honry K. Mitchell nnd 
 I . O. Hundley. Trustees of the Sutro Tunnel Company, 
 whose names are subscribed to the annexed Instrument 
 as parlies thereto, whj are personally known to me to 
 be th.3 individuals described in and who executed ihe 
 annexed instrument, and they and each of them duly 
 acknowledged to me that they executed the game freely 
 and voluntarily, and for the uses and purposes therein 
 mentioned. 
 
 In witness whereof, I have hereunto set mv hand and 
 m ~-* *1..... ■ said county, the 
 
 Trustee 
 
 Uie objects and purposes of the said Act of ihe legisla¬ 
 ture, and of ihe said Sutro Tunnel Company, and of fins 
 
 onr powi- ‘ **—-— 1 -—.■ 
 
 tending t< 
 
 ,o and Including all franchises and privileges 
 •e granted or which may be hereafter granted 
 ... uu- -md A. Sutro and his associates, or both, in the 
 premises aforesaid, also to all property real, personal 
 and mixed now owned or held, nr which may be here¬ 
 after acquired, owned or held, by the said A.'Sutro and 1 
 his associates, either no both, iu Ihe behalf aloresaid. 
 Also, io all contracts which have been entered into, or 
 which may hereafter be entered Into between tlio said 
 Sir.ro Tunnel Company or ourselves In connection with 
 the saidSu.ro as Trustees thereof, and anv person or 
 persons, corporation or corporations, assocf-ifion or as¬ 
 sociations owning, claiming or working upon any por- 
 ■ lion or portions of thu certain quartz lodnsliu.red lutho 
 county of S'orev, 3u'e of Nevada, known and desig¬ 
 nated as the Comstock lo-te. Giving andgrant.ug utro 
 our said attorney full power und au horny to do, per¬ 
 form and execute, all and singular, Ihe acta, deeds and 
 things which we might or could, jointly or severally, do 
 if personally present, hereby vy living and confirming 
 whatever our said attorney inaWso in til: premises. 
 
 In witness whereof we have hereunto set our hand 
 this April 26,1866. 
 
 I/)UI3 JANfN, Jb., [seal.] 
 
 D. E. AVERY, seal. 
 
 HENRY K. MITCHELL, [.seal.] 
 WM. M. STEWART. [seal.] 
 
 a N.itary Public In and for said county, personally ai>- 
 Peared Louts Janin, Jr., D. E. Avery and Henry K. 
 Mitchell, known to me to be the p. rsons described in 
 and who exeeuled the annexed instrument, who ac¬ 
 knowledged to me that they executed the same freely 
 and voluntarily, and for tbeu3esan.i purposes therein 
 ro mtioned. 
 
 Wit ness, my hand and odloial seal, the date last above 
 In this certificate wriuen. 
 
 [-eal,] H. M. MORGAN. Notary Public. 
 
 ..e Wm. M. dtewart, known u» . ... 
 
 desor.bed in and who exeouled the foregoing mrirmneiv, 
 and acknowledged to me that he enacted the same freely 
 and voluntarily and for the uses ami purposes therein 
 mentioned. CHRISTIAN VON HESSE, 
 
 [seal.] Commissioner for Nevada in New York. 
 Recorded at request of A. Sutro, April 26,1866, at 15 
 minutes past2 P. *.,m Book “C” of Powers of At¬ 
 torney, pp. 583 and 584, Records of Storey County, Nev. 
 
 H. M. VKSKY, County Recorder. 
 Recorded at request of A. Sutro. May 2, 1866, at 12 m.. 
 It Book " C ” Lyon County Miscellaneous Records, 
 folios lt2, 113 and 114. A. W. RUSSELL, 
 
 „ . . Recorder of Lyon County, Nevada. 
 
 By Jo. B. Wsstli.nu, Deputy. 
 
 WM. M. STEWART, [seal.] 
 
 LOUIS JANIN, Jb., [sbal.1 
 
 HENRY K. MITCHELL, seal.] 
 A. SUTRO. (sEAui 
 
 H. E. AVh'RY, [seal,] 
 
 State of New York, City and County of New York, ss.— 
 On this 8th day of A ugusl. 1866, personally before me 
 appeared William M. Stewart, known tome to be the 
 person described in and who executed the foregoing 
 instrument, and acknowledged to me that he executed 
 the same freely and voluntarily and for the uses and 
 purposes herein mentioned. 
 
 CHRISTIAN VON HESSE. 
 
 [seal.] Commissioner for Nevada iu New York. 
 
 State of Nevada, County of Storey, ss.—On this 26th 
 day of April, a. d. 1866, before me, Henry M. Morgan, 
 a Notary Public In and for sat county, p rsonally ap- 
 poured Louts Janin, Jr., Henry K. Mitchell. A Sutro 
 and D. E. Avery, known to me to be the persons de¬ 
 scribed iu and who executed the annexed instrument, 
 wno acknowledged to me that they executed the same 
 freely and voluntarily, and for the uses and purposes 
 
 [ssal.] II. Jf. MORGAN, Notary Public. 
 
 Recorded at request of A. Sutro, April 26, 1866, at 48 
 minutes past 2 r. m., In Book No. 26 or Deeds, pp. 288. 
 289, 290, Records of Storey Countv, Nevada. 
 
 II. M. VESBY, County Recorder. 
 Recorded at request of A Su.ro, May 2, 1866, at 12 n. , 
 
 Ms^'ndtr Coun,y Rooord of Dce,i8; ' oii<,s 
 
 A. W. RUSSELL, Recorder of Lyon Co., Nevada. 
 
 By Jo. B. Wextlimg, Deputy. 
 
 POWER OF ATTOBSEY. 
 
 [50c. StateRev. stamp, and 50c. U. S. Rev. stamp—can- 
 
 K celled.] 
 
 NOW ALL MEN BY THESE PRESENTS: 
 Tint we, Louis Janin, Jr., D. E. Avery and Henry 
 K. M.tchell, residents of the county of Storey, State of 
 Nevada. Trustees of The Sutro Tunnel Company, con¬ 
 stituting a majority and quorum of such Board of Trus¬ 
 tees, noting in behalf of said Company, nnd by virtue 
 oi a power ot appointm -nt vested in said Board or a 
 quorum thereof, hereby make, oonstitnte and appoint 
 Adolph Sutro our Agent and the Agent ot said Com¬ 
 pany, and we do hereby gram to him full power aud 
 authority to esnvey and transfer to such corporate body 
 or association of persons to be formed fi r the purposes 
 contemplated by this association, t'.s he nuy ace fit, all 
 the rights, pr.vileges, franchises, real estate, contracts 
 and other property wltioh may now be owned or may 
 hereafter be acqu red by this association, nr which has 
 vested or may hereafter vest, in the Board of Trustees: 
 provided, that in such convevtsnce and transfer the said 
 Agent shall reserve to the parties Interested all ihe 
 rights and privileges and benefits secured by the Con¬ 
 stitution and By-Laws: or, providen said Agent may 
 oeem it advisable, sueh rights, privileges and benefits 
 may be reserved by express provision in the Constilu- 
 taiu and By-Laws of such corporate body, or assocla- 
 
 affixed my official ...... 
 
 day aud year last above written, a. d. 1858. 
 
 RICHARD L. THOMAS, 
 Notary Public for Storey Co., Nevada. 
 
 [SEAL.] 
 
 Slate or Nevada, County of Storey, ss.—On the 25th 
 day of September, a. d. 1868, before me, Richard L. 
 Tlnmas, a Notary Public In and for said county, re¬ 
 siding therein, duly commissioned and sworn, person¬ 
 ally appeared I). E. Avery, Trustee of the Sulro Tun¬ 
 nel Company, whose name is subscribed to the annexed 
 instrument as a pariy thereto, who is personally known 
 to me to he the individual described in and who execu¬ 
 ted tiie annexed instrument, aud said D. E. Avery duly 
 acknowledged to me that he executed the same freely 
 and voluntarily, and for the uses and purposes therein 
 mentioned. 
 
 In witness whereof, I have hereunto set my hand and 
 “nixed my omeial seal, at my olllce In said county, the 
 day and year last above written, a. d. 1868 
 . , „ RICHARD L.TU0MAS, 
 
 [seal.] Notary Public for Siorey Co., Nevada. 
 Recorded at request of Richard L. Tbonms, Septem¬ 
 ber 20, 1868, at 10 a. in Hook D, Powers o.' Attorney, 
 P. kW Storey Comity Records, Nevada. 
 
 CHARLES H. FISH, Recorder. 
 
 The most important rights now possessed by 
 the company were granted by an Act of Congress 
 approved July 25,1866; they wore made to Adolph 
 8utro, his heirs and assigns im trust for all con¬ 
 cerned, which prevents further complications and 
 avoids the necessity of additional powers of at¬ 
 torney. 
 
 The association might have regularly incor¬ 
 porated before this, but this wonld have brought 
 about more serious complications than ever, for 
 it is well known that no financial men abroad 
 would furnish the requisite capital except the 
 company is incorporated in the place where the 
 money is furnished. If the association had there¬ 
 fore incorporated or would now Incorporate in 
 San Francisco for the sake of raising $50, or $100, 
 or even $500,000. the oompany would certainly 
 have lo disincorporate again, at great expense, 
 annoyance and delay, in order to raise $2,500,000 
 or more in New York, London or any other place. 
 It has therefore been considered to the interest 
 of all concerned to let tbo present association re¬ 
 main as it now exists until it can be ascertained 
 where and how the bulk of the requisite capital 
 will be raised. ADOLPH SUTRO, 
 
 For the Sutro Tunnel Company. 
 
 Virginia, Nevada, October 1,1809. o9 
 
UT 03TU8