The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-12-24
CounoiA Proceedings--spec Meeting
fg%4et CoUNCm CHAMBKR.

OoLUABIA, b. g., Dec. %. 1871.
=, Conpcil met at s 2. M. Present
ats tt Honor tho Mayor. John Alexander:
Aiaqermen Denny. Hayne, Minort, Moo
ney, slmons. Smith. Taylor and Wigg.
AZ MMptsens-Alderman Cooper, Goodwyn.
Thompson and Wallace. y. r
ais Honor the Mayor stated, that he
nao cauea this Ineelng Tor . special pur-
pose-that is. whether it, is necessary to
take any steps at present IN reference to
the case now before the, conrt. between
r.: Q. SILVER and Others Ss: James M.
Allen. J. L. Neagle and w. H. Wieo.
relative TO contract for the erection Of 6
City Hall. A ..'1l.7''''',,'i'
James D. TTadewell. Esq, City 1Attor.
ney. addressed the Council at length in
explanation of the proceedings in oourt.
sho ana the newspaper MISREPRESENTATION Of
The following resolution was offered
and adopted:
Resolued, That it be referred to COM
mittee Of three to inquire and report to
the Mayor and, Aldermen Of the city of
Coiumbis,t now in Council assembled.
whether 1t be expedient at ,thia time to
lake any action in the case OF Robert g.
Shlver and others vs. the city, OF Colnm-
bia and James M. Allen, wherein the
plaintiff seek to set aside, the. contract
Tor the erection OF a City Hall; and if
so. what that action should be.
The Mayor appointed as the commit
tee Aldermen Denny, Minort and Hayne.
Alderman Denny, from tie erecial
committee' reported as follows, and the
report %' was unanimously adopted:
The committee to whom the above re-.
solution was referred beg leave to report:
That they have, considered the same
and submit the following as the result Of
their consideration: AS far as your com
mittee are at present advised, the court
has been called on to arrest the further
execution Of the City Hall contract, be-
cause James NJ. Allen, the contractor for
the erection of this building, has con-
spired with VIM. 81. Wigg, one OF this
body and chairman of the Rnild;ns
Committee. and DR.. j. L. Neagle. Mr..
Aliens surety for the fulfllment OF his
contract, fraudulently to award that con.
tract to him, and subsequently, fraudu-
lently to prevail upon the Mayor and
Aldermen ct tkis city &c -e.;f-, that
| award. There is no charge Of fraud in
the awarding of the contract to Mr.. Al
len against the Mayor and aldermen in
the present complaint Of these citizens.
On the contrary, they are alleged to be
the victims of one of this body, only,
who confederated with DR.. Neagle and
Mr.. Allen to perpetrate fraud upon
them, and, through them. upon the tax
payers of the city of Columbia. The
charge OF fraud in the first complaint
was brought against this whole body,
and embraced the market contract and
the issue, Of city bonds. The difference
between the latter and former complaint,
70 D-A
not what form this controversy may as
sumo, the Mayor and Aldermen aver
| that they kave acted throughout, in re-
ference to the contract for the erection
OF a City Hall, in perfectly good faith,
in coincidence with the wishes of the
corporators and taxpayers OF the city;
and to-day, as they have ever been, are
not only willing but anxious to have de.
veioped all the facts aud circumstances
attending the letting of the contract in
question. If there be fraud connected
with this transaction, it does not attach
to them, or, as they believe, to any. mem
Der OF their body, bnt Eust cover with
unutterable infamy those upon whom
the plaintiffs are forced to rely for their
proofs, and who have been the fearfully
guilty instruments Of deluding them. to
the injury OF their fellow. citizens. Your
committee. therefore, recommend the
adoption of the following resolutions:
Resolced. l. That the testimony taken
before the Committee Of this body, con-
| sisting of Messrs. J. nj. Allen, r. nj.
johnson aud w. n. Parkins, on the
subject of the good faith of the City
Council OF Columbia in awarding the
contract to the said Allen for the erec-
ton of City Hall, and the affidavit of
Mr.. Clark Waring in relation to his bid
therefor. be forthwith published in the
Columbia PaGS14.
Resolued, 2. That the bids for said
contract of e. Nj. johnson and Clark
Waring be likewise published in said
newspaper.
Resoloed, 3. That the afidayits. here.
with presented, of Alderman VIM. 81.
Wigg, Of W. Hazard Wigg, and of Capt.
James @. Bell, together With the two
letters of W. 81. Parkins to Aldermen. of
dates November 23d and 2t4h, be also
published.
Evidence of j. M. Allen, taken No
vember 18. 1871, before Special Com
mittee of Council and City Attorney:
James HI. Allen-eworn by Alderman
Denny. Chairman, examination by City
Attorney-I ,was the successful bidder
for the City Hall contract; the amount
of my bid was $l3s, 600. The bid was
in writing. and was accepted. There
were two other bidders-Clark Waring
and r. W. johnson. The bids were
sealed. The bids of Waring and John
son were higher than mine. Previous to
handing in bids, I had no conversation
with either Warine or johnson on the
subject of bids. had heard Mr.. Boil
WAS going to bid. I was in ignorance of
the amount Of any other bid until the
bids were opened. had no information
of their bids from themselves. or any
other source. before the opening of the