The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-09-28

to with considerable tenacity. In sup
port of its theory on the subject the
I Times has appealed to the Answer be-
fore mentioned. To this document we
now refer, and at page 81 we find the
following statements:
! That the defendant, Tilden, for part
of his services aforesaid, also made a
charge of the like sum of $4,000 on ac-
count of professional services rendered
to the first mortgage bondholders and
the receivers, which was paid to him by
the said Azariah e. Flagg, surviving re-
ceiver as aforesaid.
And these defendants deny that either
of the two claims of the defendant, last
aforesaid were for. or were ever stated
BY him as for claims against the reorgan
izstion or that it was resolved by the pur-
chasing committee last aforesaid any
claim for the defendant last aforesaid for
$4,000 against the reorganization be
allowed as in the said bill of complaint
mentioned (Fols. l46, 147, l4S.)
To ascertain the time of the rendition
of the services on account OF which such
payment was made, the reader is refer
red to the opposite page, at folio l44,
where we find it stated that Mr.. Tilden
twas also the counsel for said receivers,
and that he also acted as principal coun-
sci for the said first mortgage bondhold-
ers, in relation to the foreclosure pro-
ceedings herelnbefore mentioned, and
other proceedings connected Herewith,
and that such services had commenced
prior to the year 1859, and were rendered,
from time to time during period Of
upwards of three years thereafter"
In other words, the services were
rendered in 1858, 1859, 1860 and 1861.
Ne considerable part of these services be-.
Iona TO the gear 1862. The foreclosure
proceedings in which they were rendered
had already reached a decree in August
1861.
| am aware that a most disingenous
construction has been put by the Times
upon a sentence from the answer which
have here quoted, viz the words, "and
that such services had commenced prtOr
to the year 1859, and were rendered
from time to time, during a Pc
riod of up,cards of three years thereat-
ter.n The argument of the Times Is that
this sentence admits the continuance of
these services during the whole of the
year 1862. l submit that even if these
words stood alone, any fair mind would
read them as meaning that the services
continued for upwards OF three years
after they had commenced, which is eX
pressly stated to have been before the
year 1859. This is the true construction
of the words. 1t is their meaning. II
accords with the facts.
But, of course, if the writer desired to
ascertain the meaning AM intent of this
passage, and found it ambiguous, he
would look to the context and, indeed to
the whole answer.
By referring to page II of this same
answer, you will perceive that the fore.
| closure SUIT in which these services were
| rendered was terminated in decree rs
early as August s, 1861 (olio 67, and
that the road was actually
sold in the month of March,
| 1862. So that there must have been at
| least nine months of the year 1862
which could not have called for these
! services, aud as TO the interval between
January and March, 1862, any lawyer
will understand that this could not have
called for much service being the time
occupied by the running of the sdver-
tisement of sale, &c. Furthermore, the
payments which gave rise to the discussion
were both made before the close OF the
year 1862, and it is so stated IN the
answer.
fl recollect rightly, the Times has on
| former occasion referred to the date of
the agreement of first mortgage bond.
holders, set forth in the answer April
Is, 1861, as evidence that the services
were of short continuance. But this
agreement was but the final coniirma-
| ton of negotiations which had been
going on for three years. There was IA
preliminary agreement, adopted AT
meeting of bondhOlders September 22d,
| 1859, and modified from time TO time,
and this earlier agreement was itself the
result of prolonged negotiations, the al
fairs of the road being almost hopelessly
involved with conflicting claims and in
terests. Pursuant to this preliminary
agreement possession OF the entire rail-
road had been obtained as far back rs
December II, 1859.
Tenth -"December 81. Fees
during the year from Chicago and North
western Railroad Company, $40 600
This Item is totally false. Mr. Tilden
received no fees, compensation or pay
ments from the Chicago and North
western Railway Company in the year
| 1862.
ElerenM Item -"Fees During the year
from Toledo and Wabash Railroad
Company, $4,000"
The recklessness of this fslshehood will
appear when it is known that the Toledo
and Wabash Railroad Company, never,
at any time, was client of Mr.. TIlden's,
and that he never IN the year 1862, or At
any other time, received any fees from
that company, nor rendered them any
professional service whatever.
TioeInh Hen,-"Share OF bonds re-
tanned for services during the year con-
nected with the reconstruction of the
Chicago and Alton Railroad Company,
$4,000"
No bonds were retained or received for
such services in 1862, nor was so large an
amount ever received, including expen-
SEES and disbursements Services were
rendered and no doubt taken into ac-
count in computing the gross earnings Of
that year.
Thirteenth and last Item SALARY as
Trustee and President of the Balance
Dock Company, $1,000.
This item OF $1,000 is correct except as
to the date, and is the only one OF the
whole thirteen of which that can be said.
At the outset OF these attacks on
Governor Tilden in regard to his taxable
income for 1862, still another allegation
was made, as if on positive knowledge,
namely, that he had received from the
St. Louis, Alton and Terre Hsute Rail
road Company $33, 900 IN first mortgage
bonds during that year.
This charge is unqualifedIy false; and
now that It has been pointed out in the
public journals that the complaint itself
in the St. Louis Alton and Terre Haute