The Republican journal., 1870-12-01

emergency. 1T we go headlOng and blind
folded INTO u conflict, we shall see bitter
cause to rue it,
| The Belfast Journal takes exception to our re-
marks upon the propriety of Col. Wildes sitting III
Judgment upon his own work, and asks.
AS legal proposition could the terms of the contract
be any powers less than those that made and
ratified ~ Could the Directors undo the work of the
STOCKHOLDERS, and submit the questions to different
arbitration, which would be the effect of leaving Off
member
Although the Journal states that this question
was answered in the negative by the best legal an,
thority, we are not convinced that reference sub
mitted to the Board could not be legally decided by
q majority Of its members In case Of the death of
either, we presume the contract would not neces-
saI1y have failed, and we cannot conceive how the
action of party who would be considered legally
incompetent to decide in involving his own
personal interests could add to the binding force of
q judgment. The Associated Press dispatch to
which the Journal refers. received late in the
evening, and the omission Of which it complains
was Typographical oversight to which our atten-
ton was first called by its remarks. We cheerful
ly comply with its request for correction, by stat
ing that the dispatch should have read sit was the
opinion of eminent counsel that Col Wildes could
not withdraw without etfectng the legality of the
decision"
We trust the Journal will as promptly recall its
charge of intentional Misrepresentation Bangor
Wing
Our remark was that the omission of the
qualifying word was made. ''as il determined
to misrepresent the matter" We are gla;!
to publish the Wings explanation. for we
should be sorry to believe that any press in
the State would willingly do our people m
injustice in this matter
The position that two members of the
board could not have made binding decis-
10 ,l n.l.
article of the contract provides that questions
in dispute ''shall be submitted to the Railroad
commissioners Of the State for the time being,
whose decision shall be tinal.n In ease Of
DEATH which the Wing supposes, the success
or of the deceased member, as soon as he
could be appointed and confirmed would
make the board of referees full and legal.
There is not the slightest difficulty in the
case, as all possible contingencies were guard
ed against by the competent gentlemen who
closing all other loop-holes, the friends of
the road were obliged to leave open one
which no ingenuity could seal up-that of
litigation. man Of large property may, if
ASA''N ~
against which there is no defence, and keep
the matter in court Il year or two-but he
gains pothing in the end. Our case against
the Maine Central is 4 parallel one. We
have prevailed before the commissioners,
and shall prevail before the Courts, if the
Central corporation chooses to put the case
there. There is no alarm, or anxiety or
faltering about the matter here
In relation to the sitting of Col Wildes in
the case, the Wing says eve cannot con
ceive how the action of party who would
be considered legally incompetent to decide
a case involving his own personal interests,
could add to the binding force of judg-
ment.' 1t is not claimed that it would do
SO, but in this case il detracts not one iota
from its binding force At the time the con
tract was entered into, Il year and n half ago,
Col Wildes was both engineer of the road
and Railroad Commissioner, and they knew
it. They agreed that he should act because
Of his well known high reputation as IN en-
gineer and as an upright and honorable
man. He had been for many years the en-
gineer of the Maine Central, and had at that
time just taken charge Of our road, By recoul-
mendatiom Of the President Of that yond. If,
under the circumstances, Col Wildes could
have had any bias, it would naturally have
been in favor of the Central road 1t GER
tainlY did not occur to the Directors of the
Belfast road, at the time the contract was
closed, that they were gaining any special
advantage from the arbitration Of Col.
Wildes, more than they would from that of
any other honest man. The scheme of OBJ
jecting to him was an after thought, sub
terfuge, which will avail them nothing.
The Patriot, daily and weekly the new
Democratic paper at Washington, has made