Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1871-07-13

place in communication claiming for
itself to be veritable history. Tha4
truth is, as the record shows. hat thaka
Was no meetinK zofsthe BdAxof SOL
pervisors after May 26th, 1855 until |
Norsm bel ! 5tb, 1858, long beEeFf Hhlc b /
last date TIE bonds had been si3nea endI
delivered 10 Their. Re. Co., sua a Mrge /
number Of them had been usadas aecu.
ritv for loans, so that it was Impossible
that Opposition to their issue could
hove been scarried into the Co. Board.
NOTICES PUBLISHED BY SUPERVISORS.
I have taken very great pains to OBJ
tain copies of the notices over the sig.
natures of some members OF the Board
of Supervisors, said to have been pub
lished in the New York papers, IN rela-
ton to the validity of the county bonds
but regret to say, that | have not as
vet been able to find them, can there
fore only speak of them from recollec-
ton.
There was some kind of paper
stoned by some of the Supervisors, my
recollection is that there was not a MA.
iority. but of this | may be mlstaken,to
the effect that there were frauds IN the
election, and expressing their OPINIONS,
that the county would not pay the
bonds
On the other hand, paper was pre-
nared which ,oas signed by a majority OF
the Supervisors, the tenor OF which
was to recommend the bonds to the ia
vorable consideration of capitalists.
If each was signed by majority, then
some of the Supervisors must have
signed both. These papers were both
nnblishe9 . New York, but neither
produced - feet. as the last neutral
lied the first. But in any event they
are very weak evidences to sustain the
charge of fraud and misrepresenta'
ton.
But if any of the Supervisors, or
anv other person had really believed
that it could be shown that these bonds
were obtained by fraud they could, If
they had tried, have readily obtained
an Injunction, and brought the ques-
ton of fraud to judicial test, while
all the facts connected with the election
were fresh in the knowledge Of all In
terested in the matter. Nothing OF
the kind was done or ATTEMPTED, and IS
it not legitimate and unavoidable con-
clusion, that it was we'll known at the
time that there was no such fraud or
MISREPRESENTATION in obtaining the
bonds as could affect their legality ?
THE CRY OF FRAUD AN AFTER THOUGHT.
AS strange as it may now appear,
when almost every one appears to take
it for granted that the bonds were OBJ
tanned by fraud and Misrepresentation
the real truth is that there was never
any serious imputatlon of fraud until
| after the road was completed; nor un-
| til about the time suits were commenc-
ed or threatened against the county.
| AS an evidence l again refer to the
resolutions of the County Board al
ready quoted passed Nov. 23d, 1853.
| Subsequently November 18th, 1856
the Board passed the following resolu
| ton:
| "That the chairman of this board be hereby
| ordered and requested to call upon the person OF
persons having the bonds Of the Mineral Point
| Railroad Company, as given to said county, and
if he considers said bonds to be legally in posses
sion of this county to take them in his possession
{ to be kept by him or under his care, and his sue
cessers in Office
On the l4th of January, 1857, the
bonds were deposited for safe keeping
with c. c. Washburne & Co, Bank
ers, who gave their receipt for the
same, which was given to G. NJ Ash
more, chairman Of the county board
who delivered it to the attorneys oil
the county.
This action of the chairman was soon
after ratified by the county board which
on the 29th of April, 1857, passed the
following resolution:
THAT G. NJ. Ashmore be allowed six dollars
for services in attending to the depositng of the
Railroad Bonds to Iowa County,
Previous to this time, John NJ. Keep
claiming to be the holder Of $4,000
of the Schuyler first mortgage Bonds,
which he alledged were all that were
then outstanding. commenced an action
in Iowa County against the Railroad
| Company to foreclose the Schuyler
| NAOA CSdSS, tthN eiiS ScuhVy do
cestui que trust, under the Jansen Mort
gage party, and also Martin & Com.
an, trustees in the third mortgage
This action raised the question in a
direct and legitimate manner, as to the
validity and value of the security held
by the county under the Jansen Mott.
gage. Thereupon the County Board
on the same 10Th Of April, passed the
following resolution:
''That if the Mineral Point Railroad Company
shall fail to defend the suit Of John NJ. Keep,
| against the County of Iowa, to the satisfaction
| Of the chairman of the Board and the Prescott
ing Attorney, the said chairman and Prosecuting
Attorney are authorized to retain counsel and de-
fend said suit to the best of their ability"
The Prosecuting Attorney, j. II.
Clary, Esq, appeared for the county in
that action and put in it's answer set
ting up that with the exception of the
small amount due on the Schuyler
Mortgage, the county held the para
mount lien on the railroad by virtue of
the Jansen Mortgage, and claiming
positive rolief, by dem anding it's fore
| closure. This was an admission by the
county, some four years after the issue
of County Bonds, that they were valid,
and the assertion of claim for indem
nifty under the mortgage given to Sc.