The Superior times. [volume] (Superior, Wis.) 1870-1912, 1875-10-28

or delivery were to be cut off and returned
to the County for cancellation by trustee.
This balance was to be paid the contractor
the n. ?. r. R. Coin two equal installments,
one when the road was ready for the iron and
the other when it was fully completed, but
only on the certificate of the president and
chief engineer of the Superior and st. Croix
railroad company deposited with the trustee;
and in case of default of the contractor the
two last mentioned installments were to be
returned to the County by the trustee TOR
amount of railroad stock.
| The other $4,000 Of bonds and the
$3S0,00O of paid up stock subscribed by
| Walbridge to the Superior and st. Croix K.
R. Co to be placed with the same trustee
'subiect to be delivered under the conditions
Of the agreement Of October -, 1871" with
the surrender to Douglas County, of all cou-
! pons due before delivery.
The Superior and St. Croix r. R. Co. to
! forthwith commerce to procure right of way
and depot grounds, and the n. P. R. r. Go.
to complete the road from Rice's Point to
Nemadji River within eight month after the
same is procured, and when completed the
road to be operated so as to place Superior
and Duluth on an equal footing The N. P.
r. r. Co. tC then receive 100000 of the
paid up stock of the Superior & st. Croix R
r. Co. and the County's paid up stock pre-
| viously issued to be entitled to representation
and dividend only to the extent of its actual
application to the work done. The trustee
named was the lst National Bank, Madison.
On June 9th, 1878, the County Board gran
ted the extension upon the terms and condi-
tons set forth in the agreement, to take effect
upon the filing of certified copies of all the
papers with the County Clerk.
November 10, 1873, the matter of levying
the tax interest coupons on the $4,000 of
Railroad bonds held by Walbrjdge due dur
ing 1874 came up before the board, when
Judge p L. Spooner was retained by the
County, and Nov. 18th, gave the Board his
written opinion, in substance, that the
terms and conditions upon which the bonds
were issued could not be changed by the
/ Board of Supervisors, and advised against
| the levy, and none was made.
December 9Th, 1878, the Board instructed
Judge SpOoner to act as counsel for the
county, and take such steps in connection
with Hon. H. S. Orion as might be necessary
| either by new action or the prosecution of
the one commenced by Mr.. Setter, Nov. 30,
1872, as might be thought BEST tor the pur-
pose of relieving the County of all its bonds
issued to the Superior 4 st. Croix X. r. Co.
December 18th, 1878, at request of coun-
! sci at Madison, the former suit by the county
was discontinued and an offer made to deliver
TO the Railroad conn any the $500, 900 of
stock held by the County and demand in
exchange for the $35O0O0 Of Douglas County
bonds, when the tender and demand were
both refused.
March 3rd, 1874, the County Board ratified
the agreement made by one of their member
to pay the Counsel for the County in the
railroad bond suit $500 retainer, 81 900
when the $4,000 of bonds held by Wal
bridge were cancelled, and s. 900 when the
S75, 900 of bonds held by Walbridge we've
cancelled or judgment obtained against them,
and pro rata to the amount SO recovered
The retainer and one hundred dollars to
Judge Spooner for the original opinion were
Immediately paid, and suit commenced in the
Dane County Circuit Court of this State
against the Superior X St. Croix K. IL. Co.,
Northern Pacific Il. h. Co., First National
Bank-thc trustee at Madison-and Wal
bridge Bro. & Sargent.
Walbridge, Bro. & Sargent demurred to
the county's complaint, thereby admitting the
facts set forth in the complaint but denying
the conclusion of law, as did also the Supe-
ror & st. CroiX Railroad Company.
The first material decision in the case was
! at the April, 1875, term of the Circuit Court
when the railroad Company was allowed to
file its answer, and the demurrer of Wal
bridge Bro. & Sargent to the amended com
plant of the County was Overrued with costs
and they were required to answer IN twenty
days. And as "A condition of appealing from
the order on the demurrer and staying pro
ceedings, they were required to give bond III
$4,000 TO pay any Judgment that may be
recovered against them or to deposit the sew
ty-Gve bonds they got into Court.
They appealed TO the Supreme Court OF the
State from the order overruling their demurrer
and Oct. 10Th, 1875, that Court sustained
the decision of the Circuit Court and held
that the agreement extending the time tor
the completion Of the road to have been
without authority and sustans the views OF
| the County's Counsel generally as to the
rights of the County as well against Val
bridge Bro. y Sargent ass against the other
defendants.