Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1864-08-02


never made anv contracts whatever wit
Mr. Mcintosh concern ng the liarriso,
street lamps, never made any compromis
with him the'ealout and never received
the consideration specified therein. An ey
. animation OF the contracts themselves, il
5 Mr. Dasison's possession, will prove tn,
correctness Of the statements here made
These contracts were private arrangement,
between Thomas g. Cay ord ami .Iauc.
-lachniosh, to which the Gas Compan.
was not a party; and the compromise made
with Mr. Macintosh in his lifetime. was
made BY tie Executives OF the Gavlorl
Estate, and not the officers Of the Gas Com.
pany1
Now while said contracts are made in the
name Of Mr. Gaylord they on their face
show, as Mr.. bernody will find if he will
please examine them carefully, that he /,
not the real party in interest, but that the
'as 'onpiny is the party interested. II
sald contracts are 10, made for b nci,t OF
said company why DO said contracts provide
that the pipes when lad, and the lalnp
posts and lamps when erected shall re the
property Of TIE sad Davenport Gas Light
and coke Company" And too. why bas
the has Company undertaken Ia carry oat
SAID contract b. accounting to. or pretend
! ing to accoun. % the holders OF said CON
tracts foi tie avail received in Lighting said
street, As also from the eonsumption H..
private persons on said street
presume that Mr.. Dcrmody is aware
that person can in equity be party II
contract TO al ntcnts and purposes. al
though ms namc shall not app.ar therein.
hat IS, II an agent uses his own name IN
stead Of his principals, the principal can
nevertheless be held. 1t is only necessar,
To establish The fact that said princi.al !.
the rcal party III interest that SAID contract
was made at the instance Of said principal
or that said principal has sanctioned the
same. And we say that the contract itself
Tor lighting Harrison street. and the acts Of
the company II ascertaining. DC. are sutI;.
cIent 70 establish the fact that the co,pn,n,,
IS .hc party interested therein. and it ,s l,a.
Die thereon, although it Lc true SAID con.
tracts are not signed BY the company itsc,r
is 10 whether the company ever mad. |
any contract with Mr.. Mcintosh or not :, 4 |
contracts DO not show. In which Mr. Der |
mody = mistaken-nor doc. the order ~, |
US published py Mr.. Dermody. (Which |
knew nothing of before) show thu, the com
promise was hot made by the company, as |
stated by me, Of for the conIany's benefit.
1t only shows that said contracts have been
assigned 10 the party therein named. sub.
]ect. as matter OF course, to our claims.
only stated what had been .ufo4yecy A.
tp the compromise with Mr. Mcintosh.
nave no personal knowledge.
Mr.. Dem"dy further says, "That fbe
HARRISON street posts were for q time
used and lighted as public posts. bu, in
Ihe tirst litigation between the Gas Com
anv and City, the thon C;.J ,.s>.'"y, Vn
Ia ,'i", la H. i,i,r.:~. Uv".., .-laincd that
he Ga Company could not secure for these
i~rliSoh street lamps for the reason, that
icing erected under private contracts, they
Ncro not properly public lamps Their Oh
cctionS We're sustained by the Court, and
he Court 80 instructed the Jury. Tie
.ial'r Of The Gas Company IN that ease was
Or 1856 lamps but the ucrd ct of the jury
vas for lih thus having out the ~. IIarr-
~ street lamps as inltrur,ed hy the Court
lEis particular question was ncyer CT ricd o
>:.prehle o,irt.
Now the above cannot have been witness
d to correct anything sta cd by us, for
mix stated that the Supreme Court had
'cyer ruled on it, which Mr.. Durmoly ad
ats
.lnd Mr.. hqmody i, mistaken when he
Avs the isist!lct court sustained the ob |
tcilons raised by the CITY .ttor ey and "a !
l>uucted the Jury" The Cont cou.d
,ot If II would 50 instruct The Jrry-,s TO
'!lcthcr sad posts are pubic or privai, !
property, wa question Of fuct for the .jn- .
., AMI with which the Cour. h.., no:hin,,
- do. 1t is tr,ic the Court resisted the
jnry As TO the hnr but the Cguyi made no !
'.s'ssl"n. Ner Is 1t true that the Jury ey-
'lndttl the Harrison street is.nDs as sach. +
he verdict tioeS not show what lalupS are I
Nclu'ic3. Nor is the number excluded a
he same as vowed in the Harrison street | :
ontrrcts, Mt It is greater 5, that il does !,
iot follow that they are the ones excluded ,
VIII only add. that We're al! tyac as a.at.,., ,
y Mt. Der'nndy, yet it does rot follow that
n the compromise just effected. Harrison :,
trcct could not have been lighted as well as i
nyother part Of the city, and Justice to the j,
inhabitants resiling ine,c, ie,,uired that !
hey should have been included.
With the above take leave of the sub /
ect. a
ABSER Dawson.
FROM lnE 6TH Iowa CAyALgY.-A Nom | I
'er Of Co. X, 9th Iowa Cavalry, writing :
rom Fort Kendall, D. r.. under date Of :
|uly sth remarks as follows: {
The expedition is about two hundred and !!
iity miles above Fort Sully building fort,
which will be garrisoncd By the 4:h Infant. /
Y for the ti'ae being. They had 4 little
kirmisii w;.h TIE gr,,sns, Il. Which, we
ost captain and one man killed end the | I
indians three killed Y,
think the Iowa 9Th will give large Dem-i :
'cratc majority, if they are not muzzlrd like !
hey were last fall.
: HowE's CIRc,s s.-rhis great Europe n
,irc1>~wll pay our city a visit on the 18th
nst. 1t is said to be the best one now
raveling in America. In connection to the
ircus is very cytensi-c managarie, CON-
'rising nearly every wild beast. Get your
: hats ready
NHoLlsAlr.-co Country merchants in town
ookng after goods will find an excellent
bing stock of hats, caps and straw goods
It Farrand's, which he will sell low-as .ow
Is in the Chicago market Don't fail to call.
TnE popular dry goods house Of Kehoe &
larhart, opposite the LcClaire House, still
ontinucs to supply the public with the best
;oods at the lowest prices Ladies will find
resh styles every week. direct from New
York.