The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-07-11
COLUMBIA, S. G.
Fri1a Morning, July IL, 1873.
The Court OF Public OpInion-"Coms
Into Court"

find ourselves In accord with our neigh
boz. the Union. Herald. We are the
more ready on that account to support
any proposition it advances, which, in
our judgment, will promote the ends OF
Justice and subserve the public good.
In the course of the trial Of the case of
the Water Power Company, which was
concluded on Wednesday evening. the
counsel for the city OF Columbia made
O motion to amend their answer, 80 as to
Introduce evidence on the part of the
defendant to prove that Colonel Pearce
held out inducements and made repre-
sentations to the defendant to make the
contract with him, and which did inAu-
ence the defendant in making it, but
which have not been complied with on
tho part of the plaintiff. The grounds
upon which this motion was made are
stated more fully, as follows:
'We propose to prove. first, that the
contract was proposed to the City Coun
oil by Colonel Pearce; second, that it
was twice rejected by the Council; third,
that Colonel PeaToe, as an inducement
to the City Council to enter into the con-
tract with him, agreed he would, pro-
vided the contract was completed, have
the canal seventy-6ve feet wide from its
mouth to its termination below, and
have erected cotton factory upon the
canal running $1,000 spindles: that. as q
further induoement, he would purchase
the ruins formerly used by Messrs.
Evans & Cogswsll and erect the same
into factory and run the same by ap.
pliances from the river.
"Me propose To- prove the further in
ducements held ont to the City Council
to enter into the contract, that these i'm
provements would so enhance the taxa
BILE value Of. the 6ity property, that the
iarge price of $18, 900. proposed, in the
contract could, With ,easss: be paid; shat
none OF these things have been per-
formed.
.'These facts We propose to prove by
John Alexander, the Mayor, 8. B.
: Thompson. Joseph Taylor, ". a.; Wigg.
Augustus Cooper and other members Of
the City Council, and by these repre-
. sentations: they were induced to support
ithe (; contract. u That: these facts go to
prove the bona ,Jt1e Of the contract, and
court should withhold the exercise OF its
oific performance.
HWe propose. further. TO show that S..
: A. Pearce electionaered for the contract,
and used unfair means to secure the
same and to-, induce r. NJ. Wallace,
Chairman of the Committee, to report
favorably on the contract; that fraudu-
lent means were used and offered by Col
,Pearce to the said r. NJ. Wallace. These
facts We propose to prove by r. M. Wal
lace himself, as q reason why this oonrt
should not lend its aid to enforce it spe-
ci6caliy.
"We propose to show by Dol. Pearce,
and to Introduce evidence to show, that
the contract vas O hard aud unconscien-
tions one, such as the Court Of Equity
should not enforce specially; and 10 this
point We propose to examine Col. Pearce
Rs 70 the stems Of the contract that make
mp the sum of SIG, 900 per annnm as the
consideration to be paid by the defend
ants.
The court refused to grant this motion.
upon too ground that the defendants
were i'll possession Of all the facts on the
first day of the proceedings. and that
there are no averments in the answer,
and no allegation in the complaint. max
ing such an issue and authorizing such
proof
This body OF evidence. then, which
promises to open mp new and rich vein
OF facts, and which might exert con-
trolling influence on the decision of the
questions in issue between the Water
Power Company and the city, in the
minds Of all fair and right thinking men,
has not been considered at ell in the trial
which has just been concluded, and can
havo no weight in determining the deci-
sion which is now anxiously awaited.
When offered, it was not, perhaps, lc-
gally and technically admissible, but no
one who scrutinizss the terms in which
the motion is oouched, and examines the
outlines. scope and character Of tie testi-
mony which, it is promised, shall como
forth, can doubt it's important bearing
on tho case. There is q court before