The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1860-01-31

taken BY n few days Aso. Its length for
bids notice OF II to-day, but We will shortly
refer TO il.
EDfrons or TIE GArx cTSYs very much regfst
the appearance In your columns OF the articles
concerning the suits now pending against the secu-
rites of DIR. Eads. dissent entirely 10 the edto-
tiaI in late number Of your paper, AZ well a. to
the article of your correspondent in your issue Of
the 25th inst. Both Of these articles, it seems to
me, will have the eject to misload the public, and
encoura 80 sction ON the part Of the Legislature
which, in my judgment, would be highly unjust
and detrimental 10 the interest Of the State.
In the first place, Of the securities Of DR.. Eads,
but one individual claims that he Was by frasd in
duced to sign bond and become thereby liable for
the Doctor defalcations. OF the truth of his al
legations know nothing farther than that he has
made no such defense In his answer to the suit now
pending upon the bond. I presume II such de-
Tense can be proven, some one OF the half score
If lawyers WHO appear for him would certainly
have discovered that such fraud If properly plead
cd and proven, would be an efectual bar to recoy-
ry against him.
In justice to the parties concerned win say,
never heard 1t intmated that the securities on the
arst bond ever used any efforts Of any kind to pro-
cure signatures to the second third one in order
to release themselves, or fact that they had any
thing whatever to do in getting mp, or inducing
parties TO execute these obligations.
Neither yourselves, nor your correspondent, Zone
who Knows" state correctly the decision Of the
Court upon the 6rst bond. The decision Of the
Court was that the FIRST securities, ie., those on
the first bond, discharged to all defalcatons
occurring after the approval Of the second bond,
and that the said first bond does hold the securities
liable for eli defalcatons occurring before the appro
val Of the second bond. zone who Knows" ought
TO know If be pretends 10 state the decision OF the
Court, what that decision was. The Courf neuer
decided that the ers bond discharged or that the
securities thereon Uere released.
/ was indeed surprised that you advocate legisla-
tive action to release the securities of Eads have
not your article before NE, but my recollection il
that you advocate the release on the ground that
certain German citisens were, by fraud, induced TO
sign the bond. do not consider that German cit
issns entitled to greater consideration or immu
mites than any other citizens, and much mistake
their spirit II theyseek indulgence and exemption
from liability account of their foreign birth
Do that ~ ii may, hare before said, only one Of
those securities claims that be was induced to exc
cute the bond by fraud, and be has not though.
proper to plead that az defense. Ii he, or any
other one,--German or native,-signed the bonds,
not knowing what they we're, and being deceived ~
to their contents that fact, established in court
Of justice, will discharge them OF all liability.
But 1t Is not true that the securities, or any
number Of them, were induced to sign the bonds BY
fraud. They executed the instruments voluntari-
ly, with full knowledge Of their contents and the
liability they we're assuming. Why discharge them
by legislative act Why release those who owe
the State near 500 900 upon an honest contract p
Is this n proper way 70 guard the School Fund of
the Statef Those who adyoca Tie such action by the
Legislature show as great liberality with this
fund DR.. Eads himself. They propose to give it
to those friends Of the Doctor who had such conf
dsncs in him that they could become his securities
for such triHing little sums as $4,000 and $3.50 y
600. The Doctor distributed it literally among the
Democratic editors Of the State, aud others of his
needy friends. have confidence that there Is too
much good sense and honesty in the Republican
members OF the Legislature to do any thing Of the
kind.
/ have always heretofore found the Gate CITY
advocating correct measures, and from yeur views
| i am sc dom required toadlssent conclude tina.
when you penned the article above referred TO, you
were laboring under Of fact that lead
you to give your sanction to a measure which you
would strenuonsly oppose were you familiar with
| all the circums ances and facts in the case.
| III Eads's securities are TO be discharged, tn,
same act should direct the Attorney General to dis
miss all suits official bonds, and let all ofhcia
securities 70 free. Let there be general JUBILEE
all over the State among dafaulting public officers
and their securities. Let no partial, halfway
work be done--let all 60 free. The securities Of
every defaulting officer Of the State are entitled
just much as those II DIR. Eads, to legislativ,
protection and indulgence.
"One who knows" condemns newspaper interfer
epce in cases that are pending in our courts O.
justice In this he u right; but he in not righ
when he insinuates that any efforts have been nlad
through tho newspapers to preJudtcoShe fhtsFcsl
or rights OF Eads securities. The Efforts seems /,
have been the other way. Your late article, Al
we'll as that Of your correspondent, certainly seen
to have been intended for the benefit Of these secu
rites the discharge Of al by legislative actor
1
General Assembly will possess wisdom enough Il
permit the Courts, now they havs Jurisdiction d
the question, to settle Dr. Eads' Affairs without an
interference by new enactments.
At the las. sesiou Of the General Assembly Law
was enacted directing the Governor to appoint al
agent, who Wac authorised by the same Law to set
tie with these securities, and to give them time up
on the amounts due FROM EaIs, and 70 arrange th,
whole business in an amicable manner. The agsn
was appointed the securities were by him not
fed and invited to consultation and interviews /.
acc what could be done. Most Of them treated hin
with contempt he could not get within hailini
distance Of them they wouid not even talk abou
the business. Nothing could be done with them
Suits were brought on the bonds. Every plea tina
form firms ofla~yers. numbering eleven men, with
q few skirmishers and irregulars,) comprisiD,
hast 1@g nj tala .ut