That the service was not in operation by the 16th of August, and that in August, Brady telegraphed to H. M. Vaile to know what routes he was going to put service on.

That thereupon Vaile replied that he would see that all the service of Miner, Peck, and Dorsey was put in operation. That through the assistance of Mr. Vaile the service was put in operation.

That before that time Stephen W. Dorsey had been secured by Miner, Peck, and John W. Dorsey executing PostOffice drafts upon the routes that had been awarded to them.

That on the 17th day of May, 1878, an act was passed by the Congress of the United States allowing subcontractors to place their subcontracts on file.

That after Vaile came in and agreed to furnish the money necessary to put the service in operation, John R. Miner having powers of attorney from Peck and John W. Dorsey, executed to H. M. Vaile subcontracts for the purpose of securing him for the money he had advanced.

That H. M. Vaile put these subcontracts on file, thus cutting out and rendering worthless as security the PostOffice drafts that had been given to S. W. Dorsey for the purpose of securing him.

That John W. Dorsey returned from the Bismarck and Tongue River route in November, 1878, and that he then offered to sell out his entire interest in the business to Vaile for ten thousand dollars, and left instructions authorizing his brother, S. W. Dorsey, to make such sale for such amount. That John W. Dorsey then returned to the Tongue River route.

That Stephen W. Dorsey returned to Washington in December, 1878, and for the first time found that the subcontracts had been given to Vaile. That he and Mr. Vaile had a quarrel with the German-American National Bank on that question.

That afterwards Dorsey was to give ten thousand dollars to John W. Dorsey, and ten thousand dollars to John M. Peck. That he then concluded not to do so.

That on the 4th day of March, when S. W. Dorsey's Senatorial term expired, he immediately wrote a letter to Brady insisting that the subcontracts that had been filed by Vaile were in fraud of his rights. That thereupon the parties in interest came together. That S. W. Dorsey acting for Peck, his brother, and himself agreed with Vaile and Miner to a division of the routes.