Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1873-08-22
Argument of e. p. Weber Against
the Compromise

OF THE BOARD Being of counsel for
Joseph Blake in the suit Ivy him instituted
to restrain the issuance Of new negotiable
bonds, as such, at his request, and upon
your invitation, I, together with ray asso-
GATES in the case, appear before you to
/, present the objections upon which this
suit is predicated. Waving. all prcliia.i-
nary remarks, will call your attention to
chapter 15S, laws l873,sunder which it is
claimed this compromise was Madc.
will read the law. Sec, /, you Will per-
ceive, confers on yoa the geh raj power
TO compromise and settle the railroad
indebtedness of iowa county, in such
manner, and upon such terms as to you
shall seem most advantageous and D, ne
shcial, limiting and circumscribing The
exercise of that power, however, by the
provisions following so that we must have
recourse to them, to enable H; to deter
mine what your full powers are, and how
yoh must exercise them. Section pro.
vides you may, in your discretion appoint
three of your members com.nittee to
negotiate for compromise or settlement,
and that this committee, whenever they
~shaI have agreed with any creditor upon
AZ basis of settlement, shah reduce the
same to writing in the shape of articles of
agreement, and that stiey and the credit
ors shall sign the Same, and present them
TO you for consideration and tina. then if
you, by two thirds vote, agree to them,
tthey shall be carried out otherwise, not.
You also Have full control ever said conn
.mittee, the right to change any or all of
its merabers, or to abolish it altogether.
Waiving the discussion whether or not
the appointment Of, or a resolution abol-
ish;ng the committee, is or is, net sire
.puG non, preceding all overtureS of settle
Rnent, | will say thar this section cannot,
10y the most liberal con>tru, Ton prg i'll,
be construed as giving Mr.. Henry, claim
ing to act as attorney, any power whatev-
er to enter into AIRY agreetneht and that
any and all such acts on hts part are
simply pragmatical. Your committee,
even under this law, is expected to act
under your CONTROL not you under theirs.
You are to control and direct, not be
controlled and directed. Section gives
you power for the purpose of fulfilling or
consummating any agreement made by
you, or for the purpose of raising or Dor
rowing II oaey to issue bonds. e,c or it
gives you power to stipulate and agree
with the holder Of any Judgment to pay
a certain sum into. the court when the
judgment is in satisfaction Of the same,
spermitting the judgment creditor to hold
his judgment as security for the fulfill
'nent of the stipulations. which Stipua-
tons must also have been agreed to by
you or your committee, and approved as
stated.
Section y provides that these stibula-
'tions shall be Executed With all the
ssolemnity of bond.
Section s prohibits you, or any officer
'ugent, or attorney, from issuing or deliv-
sc ing any bond or stipulation, except in
settlement Of railroad, Indebtedness, nor
unless such issuance and delivery has fret
been agreed upon by you, or approved as
stated.
have called your attention. thus par
ticularly to this law for the purpose of
showing, first, that no one except the
Board, acting as a whole, or a committee,
acting under its direction, has the right
negotiate and agree. and sign articles
Of agreement, or stipulatiOns, with any
creditor of Iowa County. And this prop
esition state subject to the qwery stated,
the discussion of which | leave to my
associate
I'd, That the law distinguishing between
agreements and stipulations, requires that
both be. acted on in precisely the same
manner
3D.. That the Judgment creditor is only
entitled to hold the Judgment as securely
IN case of the making and fling of
stipulation, in which case it is not within
the contemplation of the act that he also
receives bonds in addition.
~tth, That a stipulation ig as solemn an
anstrument as bond, and that the credit
Of iowa county is as much pledged for
their payment as it is for the payment Of
'their bonds. Keeping in view these
propositions, let us now consider the
compromise. Chronologically, suppose
The Henry Miller agreement comes first,
but as that agreement adverts to a pro-
posal to be made and submitted by Beech.
er, which proposal you will find under the
he, d of third" in your last proceedings,
and as said proposal so submitted express
lY refers to this agreement, and makes
and constitutes it's terms part of itself,
i Shall consider them, as in truth and fact |
they are, w, as one agreement or pro-
posal submitted to you by your attorney,
and /, as am informed by him, recon-
'snended for approval, AMI in the consider