The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1876-09-27

ance to railway company, subject to the mort
gage, PitTsburg, For Wayne and Chicago rail-
way com pany, IS ,OW."
Mr. TiIden never made, rendered or collect
ed, nor was he ever paid, any such DILL or item
In a bill
Nor fs there any thing but the dates of these
de DIS on which to base the assumption, that
the work on them was exclusively done in the
year 1872. And right here, 1t is proper TO say
Scale CT charges. Il is great mis-
take 10 suppose that counsel must
have been paid In 1862 at the high rates which
time, was in ne habit OF charging very low
prices The class OF business IN which he as
engsged Pasticq y sa5 81 sR Il IN
thorough knowledge of the railway system
and business condition and prospects of the
country, aud a constructive power Of devisiDg
and suggesting wsys am means OF reconciling
apparen ly c. nfilcting pecuniary Interests to
the permanent benefit and satisfaction OF all
concerned. The mere drawing o. papers was
hardly thought o., in estimating the value of
Mr.. T1ltens s services. DE was paid because he
recOnciled and rescued, as no other man in
this country could then have done, interests
worth millions whic b 10 many persons seemed
hopelessly lost. Yet in this pub lea ion he is
any data or authority, receiving s24, 10
for WORK wntch could not reasona-
bly, have occupied more than one
n, oath of his time, while the answer in the
81. Louis, Alton and Terre Haute ca G discl0ses
the faci that he " as working at the same C ass
of business, and about the same time at the
secutive years service, or at the rate of five
thOussnd dOllals year.
2. Seventh b item.-"June "a. Cumberland Coal
and Iron Company, $780," The Times allows
that One-halt of this sum shoud be deducted,
on the ground that probably was not earned
rendered no services 10 the Cumberland Coal
and Iron Comp ny in hat ear. He did rel-
der IL important services during previous
concluded before the close OF 1851. II any thing
was received t must have been in bonos, and
in settlement of
AN OLD ACCOUNT, AND NOT TAXABLE.
Eighth item.-"October IL, service TO second
mortgage bondholders of St. Louis, Alton and
Terre Hsute Railroad Company, as per affida-
wi, sl0,OOJ." or course no bill was ever rem
dered by Mr.. Tilden in the above form. But
this item, and the one next following, fur
nished the only basis on which the Times
started out on this defamatory crusade. 1t
pretended TO have discovered an Inconsistency
between Gov. 1ideu's return OF income, IN
1852. and certain allegations contained ia an
answer n equity, ni.d by the defeno ants, OF
whom Mr.. Illden is one OF four In suit
brought by the 81. Louis, Alton and TeIre
Haute Railroad Company. Ifyou will turn 10
for sn Services Wh nnd th 'nefs defnsEt
! ildsn made charge of ten thousand dol.
airs against said ; cond mortgage oondhOid-
ers,Iand the said charRes unpaid by
on behalf of rasd secoDd mortgage bo dhold-
ers, on the i7tn of October, 1867 out of fund
contributed by said secood mortgage bond
holders, under an greemeut between Them
sc Yes oated November 4, 1859. Now then, the
question presents ITSELF what were the vi
Cos" for whicn this payment was made. and
when Were they rendered? &? To ascertain this,
We need oDlJ LOOK at tol1O l43, where VI find
these words: And they further say, touch
me statements in OIL OF com ainI as TO
den, ina he has, long prior TO aud at he
time OF the commencement OF the foreclosure
suit in the sa d bill o comp aint mentioned,
been the counsel Tor the second mOrIgaQo
bOLdholders, in whose behalf such suit was
instituted, and that he was counsel also for the
Time In the year 1857. 1t APP
pears therefore, that this money was
paid for services running through five years
an eriOr TO 1862 aud IL doe not appear that
any part whatever was ed in that year.
The decree fixing aud confirming the rights
OF the second mortgage bond nolde was en-
tered at the August term In the year 1861, and
the sac itself too9 place as early as March
1904. No apprecab'e part, If any, of this T. EN-
Can therefore be apportioned to the year 1852
Ninth item-"November 7.-Services 10
first mortgage oondholders OF 81. Louis, A
ton and ere Haute Ra lroad Company, as
per afh lavit, sl0,UJ0." This item was the
ORIGINAL MAINsTAY OF THE TINES SLAM
DER,
and is still clung to with considerable tenaci-
ty. In support of its theory on the subj sct,
the Times has appealed to the answer before
mentioned. To this document we shall now
re er, and at page 81 we find the following
statements: THAT the defendant Tilden, for
part of his services afol esaid. also made a
charge or the like sum of ten thousand dbl
lars on account of professional services rem
dered to the first mortgage bondholders ana
the receivers, which was paid to no by the
said Azarish Z. Fisgg, surviving ecsiver as
tAnd these defendants deny that either of the
two Claims of the def ndsnt last Aforesaid
were IoT. or wee ever stated by him rs Ior
claims against the reorg sn lzation, or that 1t
was resolved y the pure 1asIng committee
last aforesaid, that any claim OF the defend
ant IA oresai IOT ten thou ana dol ars
sg inst he re- rganizaIion be allowed as in toe
Said bIIi o1 CO IA plain m ntioned." (ros.1i6,I47,
49, To ascertain the time OF tile rendition OF
the sci vices on account OF which s ch,paym
was made, The g der is re erred TO the oopo-
site page, a 1olio la. where pnd 1t stated
that Mr.. Illden was u so the counsel for said
receiver, ana tnat ne ALSO &C ed as the prin-
ci al counsel for the said fret mor gage bond
no uers, In relation TO the foreclosure proceed-
logs herein bef ire mentioned, and other pro-
ceedID gs cOnnec ed tne' e with, and thai such
ervIces h ID commenced prior to he year 1879,
and were rendered IrOm lime To time during a
period OF upward of three years thereafter"
In other words, the services were rende ed In
Il 8, 1853, lsU and 1861. No considerable
p 'rt OF these services belo"g to the
year 1852. the for closure oceedings in
which they were rendered had al
resdy reached a decree in Ar gust, 1861.
am awsr. Ihst a most cIsingen1ous con-
siruction has been put by the Tin upon q
s MT nee from the answer which 1 have here
quoted, viz, the words, land that such ser-
VIC had commenced pr to the year 1859,
and w-re rendered from time 10 tiue, during
peri d o. upwards of three years therea Il er."
The arg imeuJ Of The Times is thaL mis- en-
teDce admits the continuance OF he Q services
during The whoe of the year S62 / bmIt
that even IL these words st od alone any fair
mi q loud read them as meaning hat he
services contiDued upward of tnIee ars
IA ter they haI commenced, whIcn is xpressiy
stated 10 have pee Ii bsforo tn year s59 rhis
is ths true construction of tbs wo DIS. 1t is
their meaning,
1T ACCDRDS WITH THE ACrS.
But, OF course, If the writer desired to ascer-
tain the meaning and intent OF this passage,
and found 1t ambigu us, he would look TO the
context. indeed. TO The whole ansWar Rv re.