The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-03-13

of the road, and undertaking to pay these IA
vored contractors four times the amount OF
all the roads assets, or Of all it had any
prospect OF ever getting. This was indeed a
very extraordinary transaction. IT is alleged
that Messrs. Carpenter & Smith, as President
and Vice President of the road, contracted
with themselves, under the style Of Willard
Carpenter & Co, to paw themselves four times
the amount that the Company had any pros.
pect Of ever having the means to pay. The
Expose" makes this a most heinous fraud
The contract--as the "Expose" has abun-
dainty shown through long successive COL
umns and by statements reiterated in every
paragraph--was collusive, fraudulent, and
impracticable, and therefore, nugatory con-
tract or in other words no contract at all
The Co. have been reaping all the benefits of
Carpenters zeal and labor for years. and have
had it in their power at any time, and now
have IT, to set the contract aside, and call him
to an account for his stewardship, and he can
claim no more from the Company than he has
actually expended; and perhaps daily wages
for his own services. Worse than all this; If
the contract be such as the Expose" has set
forth-he. by acting under contract made in
fraud, is liable, and must account for all the
assets OF the Company that have come into
his hands. not at the prices he NAV have sold
them, but at their foil actual value, at par. un-
less he can make out very clear case Of ne
cessity and wise discretion in the disposal Of
them but man who has acted collusively
and iraudulently, has not even this indulgence
in law: and if Mr.. Carpenter has been guilty
of intentional fraud in his contract with the
Company, a court Of justice will make him
account for every bond and note he has re-
ceived and used at its full face.
II Mr.. Carpenter was man who could, by
gaining possession Of the assets of the COM
pany, embezzlc and abscond with them. there
might be some reason for the clamor Of alarm.
that has been zeaOusly raised by few against
putting more resources into his possession
But the community have pledge from him
that all the assets the road ever will gain
from others beside himself could not ever in
duce him to go beyond the jurisdiction of our
Courts for day. As he codld manage the
road as no other man could manage it, and
build it for less money than any other person;
that he was abundantly responsible for all
that could, under any circumstances 60 into
his possession, it would have been the conclu-
sion of every shrewd man, Of every friend of
the city, of every we'll wisher of the road, to
let him 90 on if he would in his deluSion, fur
nish him with the necessary means, as far as
we could, and let him finish the road, and
then when be called for a settlement, settle
with him upon honorable and equitable terms,
describing the fraudulent and extravagant
contract as nullity, which the Expose"
declares it 10 be.
| If however, this would be dealing unfairly
with an unfair man, allowing the weaver TO
be caught in his own tolls, it was the duty Of
every, and all the stockholders, to have
to any Court in the State. for an injunction
and taken proceedings to have set it aside.
This any stakeholder with ten dollars interest
in the road had legal right to DO, and the
whole proceedings would not have cost as
much labor and expense as we have now in
CURED to bring the Expose before the pub
lie. IL this contract. aledgcd to be made in
fraud is so outrageous, that no court would
sustain it for moment, why make this pub
lie discussion OF it-why proclaim the fraud to
the country and to Europe, to depreciate tho
road, ruin the credit Of the company and all
connected with it, and render its future COM
pletion hopeless; when by silent operation
OF our own courts it could have been set
aside, and the world would have been unap-
preserved. and the road carried forward?-
Why was this "ExpoSe" and assault reserved
for three long years, and made just at the mo-
ment when there was prospect Of consumat-
ing contract for the iron and completing the
road to the crossng--tlll = moment when a
stab at the prospects Of the road would be
most surely and deadly? What motives, all
Will ask have dictated this unnecessary as
sault at this late hour? We fear, and we ex.
press the fear with sadness and violence TO
our kindest social and personal feelings, that
wherever in this community this query is
suggested, mems thoughts will turn totwo OBJ
jects with which The author is intimately as
sociatcd. A fatal error has been committed
and heavy sponsibility--worth all the cost
/ Of the road to bear-rests upon the shoulders
Of some one. to this community which will
est COMBINATIONS. After the physician has
killed his patient, it is an insult to the friends
OF the deceased, to talk Of remedies and re-
storatives.
/ W;tbo,t o,,, ro,,or1 20 IN No rt;a- - Tho