The Nevada journal., 1855-03-09

vELoPMENTs--PRo RoMIsING PoL1TICIANs-I
THE SPoILs.-The following is a copy of
a complaint filed in the District Court, at
Sacramento, of Messrs J. w. Gish and R.
H. Woodward, publishers of the Cahtor-
MIA Statesman, against Senator Gwin and
Ex-Mayor Hardenbergh, for violation
Of a contract upon which the publication
of the paper was founded. As the allie
cations therein contained are verified by
the complainants, they must be received
with full credit by the community.
State of California, County of Sacra-
mento, Ss.-J. w. Gish and r. II. Wood
ward rs. William NJ Gwin and j. R. Har-
denbergh In the District Court, Sixth
Judicial District.-J. W Gish and r. II.
Woodward, of the city of Sacramento,
complain Of the defendants, William NJ.
Gwin and James r. Hardenbergh, and
show cause for complaint that heretofore,
to wit: on the day Of, 1854, they,
the plaintiffs, and the said defendants, en-
tered into the following contract:
The said plaintiffs undertook and agreed
on their part to establish and publish in
the city Of Sacramento a daily newspaper,
to be called the California Statesman
that they would employ any competent
person as editor of said paper whom the
said defendants should name and that
the said paper should advocate the elec-
ton Of the said William NJ Gwin by the
Legislature of this State to a scat in the
Z. S. Senate; and should be devoted to
the promotion Of his interest and success
In consideration whereof the said defend
ants agreed and covenanted with plain
tifs that they, the said defendants, would
pay to these plaintiffs in money the sum
of $4,000; and in addition thereto would
from time to time furnish and pay to them
sufficient sums Of money to keep the said
paper from loss. And they also agree
with plaintiffs, that in case they should
lose anything by the publication of said
newspaper, the said defendants would
make good and repay to them, the plain
tifs, all of said losses.
And they also agreed and covenantcd
with these plaintiffs, as further induce
ment to them TO publish the said news
paper, that, inasmuch as the Empire Ay-
gus "a newpaper published in the Coun-
ty Of III Dorado) was opposed to the in
terest and election Of said defendant,
William II. GWin, that he, the said Gwin,
would, as soon as he could get to Wash
ington City, procure the publication Of
the laws OF the United States, then order
ed to be published in the said Empire dr.,
gus, to be changed SO as to have the same
published in the said california Statesman.
And the said defendants expressly agreed
and coyenanted with these plaintiffs, that
the publication Of the United States laws
in California, as aforesaid, should be pro-
cured for them, and that they should have
the publication Of them in the California
Statesman, at California prices for such
publication. And these plaintiffs aver
that they have faithfully kept and per-
formed all their covenant and agreements
in said contract on their part to be per-
formed That they, on the suggestion
and request Of the defendants employed
Henry Meredith, Esq, to edit and con-
duct the said newspaper. And that the
said newspaper did faithfully devote itself
to the interests Of the said Gwin, and did
faithfully advocate his election to the Uni
ted States Senate. And they also aver
that under the agreement and understand
ing between them and defendents, they
proceeded to publish, and did actually
publish in said paper some Of the laws Of
the United States, to wit: to the amount
, of FIVE hundred dollars, for which they
have never received any pay whatevcr.--
And these plaintiffs aver that said Gwin
has long since gone TO, and is now in
Washington city, yet the said defendants
have entirely failed and neglected to pro-
, cure for them the publication of the laws
Of the United States, as they agreed to do.
And that in consequence thereof; these
plaintiffs have sustained damages in the
sum Of six thousand dollars
And plaintiffs also aver that they have
sustained clear loss in the publication of
said California Statesman in the sum of
$1,000, which said sum the said defend
ants have entirely failed and refused to
pay them, to their additional damage in
the said sum Of s., 900
And plaintiffs further aver and charge
that the said defendants have entirely fail
ed and refused to keep any and all Of
their said covenants and agreements with
the plaintiffs
Wherefore they say they have sustain
led damage in the sum of $50, 600 there
fore they bring suit and ask Judgment for
$4,000 and costs
". S. LONG, Atty for Plaintiffs
State Of California, County Of Sacra-
nient0, SS-J. w. Gish and K. II. Wood