The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-09-12

Clhllllh BICutGI luul luOSC SCI Wy tlS DOdt
OF appOrtionment. The board denies tina
there are In existence or in the complain
any facts showing directly or ipdirectl
that they intended, or threatened, or per
formed any OF the acts charged In tn
complaint. Further, they say that if 70
the purpose OF stopping legislation or sat
istying the judicial conscience, it become
necessary to continue the injunction
neither the said board nor its counse
can see any objection to enjoining the
Board to do what by law 1t is bound tc
do, and which in good faith they intend
10 do, and they pray the judgment OF the
court. The affidavit was signed by A.
Oakley Hall, President of the Board OF Su.
persors, and dated September 1lth.
Mr.. OGorman next read and served on
counsel for plaintiff demurrer to the
following effect That the plaintiffs have
not the legal capacity to sell, and second,
that the complaint does not set out facts
sufficient to constitute cause for action.
The next, an affidavit from Mayor Hall,
His Honor, states that among the allGga.
tions Of the plaintiffs are several to the
effect that he, as Mayor, is pecuniary in
terested in the New York Printing Com.
pany, the Manufacturing Stationer's Com
pany, the Transcript and the Leader, and
that he employed tho same 10 his emolu.
ment against law and against good taste.
He protests against the impGrtinGnCe and
malicious spirit of said complaints, and
declares that he never has been, and Is not
now, and does not expect to be, directly
or indirectly, or pecuniarily, interested in
said publications or companies, or used the
same to his emolument and against good
taste. He receives his money from the
Ledder solely for literary labor; but since
being Mayor has written for the Leader
as diverting from business, but did not
receive, has not been promised, nor
does not expect any emolument as a
writer for said paper, and since being
Mayor never received emolument, nor
was interested in the payment OF monies
from the treasury, except for former ser
vice as District Attorney and salary as
Commissioner OF the sinking fund that
he is still prosperously employed in prac.
tiCing the legal profession, and since 1860
has not derived monies from any person
who had received payment from the pub.
lie treasury. Protesting against the ne.
Cessity of having to make this affidavit,
he pronounCes every allegation or In.
ference arising from the complaint that
leponent derived peCuniary benefit at the
public expense from the office Of Mayor,
otherwise than what he received as the
salary for said office, TO be sCandalous |
and false.
The affidavit of Comptroller COnnOl.
y denies that James II. lngCrsall was the
agent for himself, for Tweed |
Or in any manner the agent OF the Comp
ROLLER. The Ingersoll claims were
made out in the usual form, and
were certified and paid by doponent
without any suspicion Of them being
fraudulent, irregular or exhOrbitant and
leponent makes o like statement in
'eIation to the claim presented by A. J.
iarvey, Reyser & Co., and Jno. Smith,
md further that the claims were audited
~ him in compliance with the lormali-
les, but without an examination of It's
merits. He believing as he was advised,
hat the certifiCation and adjustment
hereof prior to It's passage, October 1870,
which construed said claims Us the exist.
ng liabilities against the city and county
It the time OF the passage Of said acts.
IL also AYERS that the statements charg-
ng him with disregard Of law in his OIL.
ial actions, are CalumniOus, and he Is
eady to submit to the judgement OF the
IOurt. -...
The affidavit OF Charles L. ArlbOur,
resident Of the New York Printing Com.
any was offered, averriDg that neither
Ym. NJ, Tweed, Richard B. Connolly or
|. Okty Hall are in any way interested
\ the New York transcript or New York
'rinting Company; and further, that Hall
nd Connolly were never Interested In
ither Association. Tweed was q stock
older up to the 9th of April, 1870, when
o assigned his interest In both. Arlbour
Iso AYERS that no member Of the present
ity government whatsoever has been q
tockholder in either Association since
he present city charter took effect |,
The afIldayit ofArchibald Mclaughlin,
resident OF the Manufacturing Stationery ,,
company, denies the allegations in the
omplaint that Hall, Tweed, and Con-
oily were interested in said company, I
nd declares that no member of the city
overnment Is or ever has been 0. stock
older in said company. gr4Llsys. riI
The affidavit OF Richard A. Storrs, :
Deputy Comptroller, sets forth a certified :
opy ola resolution passed by the Board !
{ Apportionment September, 9th, 1871,
uthorizing the Supervisors to raise q tax
[ two per cent on the taxable property
{ the city and county, the whole amount
. be $23,8OS,527. The said resolution
as not been sent to the Board Of Supervi- :
ors because the tax rolls OF the present
ear we're not completed, but copy Of
be resolution was received at the Comp.
rolbf's office September 9Th, 1871. The /
ffidavit recites the statutes under |
uthority which the Board Of ApportiOn. .
lent have authorized the issue of bonds
nd stocks of the city and county from an
In said board, May 10, 1871. =.
Jounsel for the plaintiff noticed that
favor Halls affidavit referred to the pro
eedinrs of the Board Of AppOrtiOnment,
uticed In Corneleus Carsons, the Secre-
lrys minutes. 1t was manifest that
ley had not complete record of that
Ioard, and he asked the Court to compel
he defendants to produce it. The coun.
81 for the defendants thought the appli-
alton discourteous and improper. At that
.age, the afiidavits not being all gone
trough, Judge Barnard informed the
Counsel that Il any information las held
ack by the defendants it would be taken
8 circumstance against them. He then
irected O'Gorman, Counsel for the de.
,ndants 10 produce on Thursday, a com.
lete statement of the liabilities Of the
ity and county up TO the issuing OF the
junction. The Court then adjourned.
THE MANY RUssELL ABORTION CASE.