, 1876-03-21
among other contracts made in TINT regard
waa ono by Quartermastor ROWLAND, Of
which Tia fnlfoHiun memorandum Waa ull{lt.

waa onn by Quarterruaster ROWLAND, Of
which the following memorandum was matlo:
Orricx AaatsrANr QrAhrEnxAaTtn. NAhHyILLrs
Tann., March ?. l4e5-1 hereby oigsto mysef. A. an
ccot of tho Government 10 receive Of T, T. TArLon,
agent, oo good, sesvtceah1o mules thai will inupsct
up to tho required Standard said mules to bo dcvero1
In NaBville Tenn boforo the 2oih day Of April
next at tho following prices to-w: sleo, eit7bo aud
SITS zach. respectively, for II, lIH, anil Is hand
nulcs. lIHsHr l1owLANp,
Captain and AotinY Quarttrmaater.
Ono hundred Of the animals were delivered
Under this contract, aud the remninder had
been purchased or contracted for, whom tho
Kcbollfon collapsed; and the contractors In
question, in common with othor contractors,
found left on their hands droyes Of mules
bought for tho Government which tho Inter
didn't waut, whilo tho sa1cs of army mules,
for which thoro was no longer use broke tho
market. Whore there WINS no dispute as to
tho vn1idity Of the contract, tho Government
reimbursed tho contractors for the losses by
them sustained. Tharo WIS question as to
the validity OF tho Rowland contract. That
was obviously whether tho written memo.
randum, which alone was nero proposition,
wns accepted by tho other party Tho con-
tract was not such rs tic Inv requires 10 be
reduced to writing, md tho acceptance 1nak-
ing 1t complete might hnvo been oral, or i'm
piled from tho acts Of the contractors with
the approval Of tho Quartcrmaster. It WAS
question of Inv for tho courts, to bo dotor-
mined upon all tho facts, whether
| tho ROWLAND contract WINS binding upon
tho Government The Court Of Claima
was established to adjudicato, precisely
| such questions, nnd ththcr this mulo clafm
WINS taken. a brief Of tho caso wns prepared
by 1nwyer for the claimants;' who engaged
AIr. Da1sTow, then not Government official
but q practicing attorney, to- simply arguo
before the Court Of Claims the Inv points
raised upon tho brief. He did SO, mud OIL the
| law points secured decision in favor Of tho
claimants, for whicl, his fco was not 60 per
cent, as has been falsely stated, but 10 per
cent, the usual fec in Htigatod collection
cascs Thero is no pretense that tho dam-
| ages allowed woro too great. Tie solo ques-
ton is Us to whether tho contract was obliga-
tory upon tho Government. That tho
Court decided, after herring, in tho
affirmative. Mr.. DH1sTow hold no off.
cfal position, brought to bear no party
| 1NGsaWG u RG4eVAahA ~ Ioht4~AA 'A4n3
ence upon the Court, but simply, upon thu
brief made up by the lawyer originally en-.
ployed in the case, argued the law points in
yolved; md tho majority Of tho Court sus.
tanned him For it all ho charged tho orili'
nary fec for collection in litigated caseR. And
that Is all there Is Of it, ind tho utmost
malovolenco can find about it nothing un.
professional nor dishonornble, All the mud
Ainging in tho world cannot disguise it, moi
bring his action in this matter to bo regarded
ason par with 11r. HENDRICKS Water Work
Ring operations, A1r. Tu.nRa's railroad 1nan
ciering a Ia JAx Gou1D or Mr. PENpLEToA}
lobbying through the War Department of
stale, rejected fraudulent railroad claim, Il
do which he paid ono bribo Of $4,000, ami
then for himself pocketcd one.haH tue entir
proceeds. The mule story is harmless to th
man against whom 1t il brought Aftor th
manner OF tho mulo itself, it will damag
only those who stand behind it.