The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1871-09-28
Total.
S2QnNOn


ment with Mr. Bach we desire to call attcn-
ton Of the Board to this matter Of old re-
demptions and ask Your honorable body
to ascertain if the statute of limitations
does not, and if it ought not to, apply to
claims against the county for redemptions
as well as any other claims, and to adopt
such measures with reference thereto as
shall be lawful and Just.
ID In relation to P. P. Fuessenich,
your committee, believing that his appre-
hension was desired and, that person ac-
ceppanying his family when it was obvi-
Gus they were going to join him might have
reasonable expectation of finding him, ac-
eordingly authorized Mr.. Ira p Smith,
then Chairman of Supervisors of the town
of Mishicott, and who had heretofore
proved capable and successful in similar
calls, to follow up amy clue the movements
of Mr.. Fuessenich's family might afford
Mr.. Smith did accompany the family with
what result will be seen on examining his
statements accompanying this report
Your committee procured from the Treas
urer $500 to pay Mr.. Smiths expenses,
800 of which ne returned to the Treas
urer, leaving 800 to reimburse the Coun-
ty Treasurer. Your committee are unanl-
mously Of the opinion that Mr.. Smith did
all in his power, and is entitled to reason
able compensation for his time and services.
Since Ir. Smiths return we have heard
that Fucasenich's whereabouts was known
10 parties here. Indeed Mr.. T. Borcherdt
told this committee, in the month Of July,
that when Ira was in pursuit, he, Bor-
cherdt, "knew right where Fucssenich
was" Why this information was withheld
from the committee is beyond our con ccture,
unless it suggests that there was something
in the relations Of Mr.. Borcherdt, or of his
friends to the absentee, that made it desir-
able that he should not be caught.
The District Attorney having fled
petition in bankruptcy in the matter Of P.
?. Fuessenich' 5 Indebtedness to the county,
your committee would respectfully refer
you to this officer for any information that
may be desired.
3. In regard to the claim Of the county
against Mr.. Borcherdt for double issue of
order In payment of his account for
S230.4O, we have to report that after sever
al interviews with Mr.. Borcherdt and
careful comparison of his books with the
private books of p. P. Feussenich, and
taking into account the declaration of Mr..
B0rcherdt that he was in the habit of get
ting his pay from FeusSenich in advance of
the allowance by the Board of his accounts,
and that fueSSenlch was authorized, in
such case, to take his orders when drawn
! IN payment of such advances, we are
forced to the conclusion that Mr. I. Bor-
cherdt is justly indebted either to the
county or 20 z. p. Fuessenich, in the sum
Of S230.40, the county having issued and
paid two orders for this amount One of
these orders appears to have been receipted
for by Mr.. Borcherdt himself, the other by
z. Z. Fuessenich, and credited, according
to your committees best recollection, to
Mr.. Borcherdt, in his, Fuescenich's private
account. In one Of the interviews had with
| Mr.. Borcherdt by two of the committee
viz: Barnes and Pierpont, both Borcherdt's
and Feussenichs hooks being before them
so far from Borcherdt books contradicting
! this view of the case, it seemed to said
members of the committee to fully confirm
/ the entry in Fuessenich's book giving Bor-
! cherdt credit for said order Upon the
suggestion of J. d. Markham, counsel for
| T. Borcherdt, that the county having in
stituted proceedings in bankruptcy against
! Fuessenlch, the assignee, when appointed,
J L.
| cherdt, as due from him to Fuessenich if
substantiated, and that the county could
not legally withhold payment of Bor-
cherdt's account, which was allowed at the
! March session, your committee concluded
to direct The Clerk to issue an order in full
E said 8ffRtc and tDFaYf4PC2 nYf} 55r ii ITO 10
leave DO means unemployed to substantate
! this claim Of the coun against Borcherdt,
and to collect the same.
! Your committee have had several ses-
| sions with Mr.. p. j. Blesch, which have
finally resulted in proposition from him,
/ herewith submitted, in which he proposes
| to pay to the county 1874, being the
amount he received from the estate of
! Charles kuehn, deceased.
| Your committee, in view of the great
expense and extreme uncertainty Of ltira-
! ton when the county is a party, recon-
mend that the proposition Of =. j. Blesch
be accepted, and that the Treasurer be in
strncted to give him receipt in full on
payment of the above amount.
Ia conclusion, your committee desire to
say that in conducting the foregoing settle
ments, while actuated by the single motive
to realize the greatest possible amount I'M
der the circumstances for the county, with
| out stretching their powers under the rcso-
| luton appointing them, have been neverthe-
less met by many embarrassing legal doubts
as to the extent of their authority, and
as to the best and safest method of con-
GLIDING the business entrusted to them. In
all such matters we have advised freely
with the best legal talent Of the county,
and have taken no steps which we did not
think hot ]
sition of the members composing the Coun
ty Board of Supervisors at the March ses-
sion, and were advised by counsel would be
just and right, and which we believed
would bc approved byyour honorable BODY.
We have, therefore, only positively con
cluded the settlement with Mr. Bach, and
this upon substantially the terms which
were known to the Board at the March
session 10 make the assets he proposed
TO hand over to the county available, it was
necessary to pay on the farm, which was
in sait, about 81 200 at the June term of
the Circuit Court. In other words. to col
lcct : 900 of the $1,000 Indebtedness of
Bach 70 the county it was necessary to
advance $1,000 to perfect title in the 81
acres of land in question. The question
arose, how was this to be done? The
money was IN the treasury, but could be
safely paid out by the Treasurer only upon
the warrant of the Clerk, countersigned
by the Chairman OF this Board. No such
order had been authorized by the County
Board. Upon advice OF counsel under the
construction Of appointment-thata com
mttee appointed fora specific purpose was
clothed with the necessary power to accom-
plish such purpo>e-the order was issued
and placed in the hands Of the Treasurer.
not to be used, however, until authorized
10y this Board. Your committee was as
surcd that several parties stood ready to
purchase the land in question, whenever a
perfect title could be given, and there was
a further understanding with Barnes and
Pierpont, of the committee, and the then