In 1863 the State legislature's forcing of City and County action became known as the "Dutch Flat Swindle". Critics claimed the CPRR's Big Four intended to build a railroad only as far as Dutch Flat, California, to connect to the Dutch Flat-Donner Pass Wagon Road to monopolize the lucrative mining traffic, and not push the track east of Dutch Flat into the more challenging and expensive High Sierra effort. CPRR's chief engineer, Theodore Judah, also argued against such a road and hence against the Big Four, fearing that its construction would siphon money from CPRR's paramount trans-Sierra railroad effort. Despite Judah's strong objection, the Big Four incorporated in August 1863 the Dutch Flat-Donner Lake Wagon Road Company. Frustrated, Judah headed off for New York via Panama to raise funds to buy out the Big Four from CPRR and build his trans-Sierra railroad. Unfortunately, Judah contracted yellow fever in Panama and died in New York in November 1863.