The evening Argus., 1865-12-30
THE CITY VS.. p. l.. CABLE.

To THE EDITOR OF THE ARGUs.-The card
recently published in your paper, under Mr..
Cables hand, In connection with an abstract
of the proposed answer to the bill filed by
the city OF Rock Island, as it alleges that the
bill Is without semblance Of truth or shadow
of foundation" seems to require some an
swer, as that statement reflects very strongly
on either the motives or intelligence of the
solicitors preparingit. / will merely say that
those solicitors still think that there lie a
shadow of foundation and a semblance of
truth" in 1t and propose to have the court
judge of this issue.
We tthat is the attorneys engaged by the
complsnant) do not wish it understood that
the city are charging Mr.. Gable with what is
usually known as moral fraud, independently
of the charge in the bill. The allegation OF
confederation is one usual to bills In chan
Gerry and depenje jent on the facts stated, for
support. They drew the bill In the usual
form, and not to CRAFTY any spleen against
Mr.. Cable.
The gist OF the bill is hat, Mr. Gable hav-
ing become interested in the Coal Valley
Mining Company, and in the Railroad Com
pany, bought out lease, held by Mr.. lakes
(who was IN possession under the trustee)
and took possession, claiming, under the
trustee that while holding, under that
lease, he bought up the bonds OF the road,
and the title held by Norris Son, and then
claimed that he owned the road, clear of all
trusts that ile being the owner of the min-
ing company's stock, in making any arrange.
ment to bring in coal over the road was max
ing a contract with himself ani therefore he
was not "a proper person for agent OF the trus-
tee and that the appointing Of hini was q
legal fraud.
Further, that, because Mr.. Gable could not
make such Il contract, he must be held to the
highest freight that can be proved, and if go
held he would, at the time he purchased OF
Norris Il Son, have funds in his hands of
right belonging to the trustee Of the road, to
BE- treated as trust funds.
If this constitute. moral fraud, then il is
charged but We can easily see how Mr..
| Cable regarded the transactions at the time
and did what is charged without intending to
com init a moral fraud. lie found the road
apparently hopelessiy IN debt, in the hands
of Mr.. Hakes as agent of the trustee. Mr..
Hakes being interested in the mining comp
any, made mis- contracts with himself, the re-
ceipts OF the road were, a a consequence,
not more than sufficient 60 pay interest. Mr.
Gable bought in the bonds and outstanding
title, and thought he owned the road and had
q right 10 retain the proceeds. Partly from
his own management and partly from the
change of times, the receipts would naturally
iuCiCGeC hhO tCCuT VI getting
the road out of DEBT. Instead of doing this
he buys in the debts, which would have been
paying them if he had owned the road He
did not keep its receipts distinct from other
business, because he thought be owned them;
indeed 1t would have been very difficult. If
| not i'm mpossible, to distinguish between profits
made on the coal and on the road which
transported it.
" nile we think that Mr. Cable was bound
in the eve Of the law, To know what the law
was, aud that this constituted legal fraud,
think that few If any business men would
consider 1t other than legitimate business
transaction.
make this statement, in justice to Mr.
Cable, and because he, apparently, has mis-
understood the BILL and perhaps it may have
been misunderstood by the public. Had the
matter rested here | think no moral obliquy
would have accom- pauied recovery on these
charges.
We do think that Mr.. Cables duty was to
meet this bill on It's merits, and can have no
cause of complaint if be does so. We do
think we have - right TO complain of any at
tempt to avoid investigation and that Mr.
Cable, after ne knew the till was to be
brought, decided the road to the Coal Valley
Mining Company; aud the further fact
| (which we think we have right TO assume
as true) that. shortly after the bill was filed
by the city, Mr.. Gable had a suit commenced
in Chicago, the only effect Of which could be
to sell the city's stock and 50 cut off investi-
CATION into the matters alleged in the bill.
has caused US TO think that he was not will
ling to meet the questions directly. But,
from matters recently transpired, | still hope
that this cause OF complaint against Mr.
Cable will be done away by his voluntary
act. Respectfully
CHARLES NJ. OSBORN.
Rock Island, Dec. 29rh. 1865