, 1876-09-03

AID Smith Tells What Carrot,
Frankly Told Him.
ana carroll Denies Having Said Any.
thing Of the Kind.
Haley on Periolat, and Periolat on Hale,
''.The Commissioners Answer.
Ihe Case Continued Until Mon.
day Morning.

The spone-question vas argued before Judge
rar"e4i yesterday. There was SO large gath
eflng o1 stone men, city and county officials,
ano indignant taxpayers, that the Court had to
remove Into Judge Gary's room in order that
tne audience might be better accommodated.
All the legal gentlemen interested were present.
Upon the opening OF the case, Mr. Wood
bridge asked leave to
AMEND THE BILL
Tor the injunction.
Ar. Jewett objected to this, because he con-
sidered the amendment incongruous and not a
part OF the original bill he attempted to set
up contract between the city and the county
IN relation to the construction of the Court
House, by which the county was to construct
and have the use Of the east portion Of
the building, and the city-.to construct and
occupy the west half Of the building, and in
sisted that the county WAS proceeding in viola
tion Of this agreement. This did not properly
constitute part Of the complainant's case, and
was immaterial
Mr.. Woodbridge said there we're various other
matters in the amendments which were intro
duced for two-fold object. They claimed that,
defendants proceeded in defiance Of their
agreement with and against the protest Of the
city, it was an evidence of actual fraud; and
they also claimed that erecting the building in
the manner proposed would greatly increase its
cost, and be detrimental to the interests OF the
taxpayers. The relevancy of this should BE-
discussed on the argument, for then its impor-
tance and pertinence to the case would appear
The Court said II there WIS anything proper
in the amendments he supposed he could not
exclude them. Defendants could except to por-
tionS.
AR Ronr+rea rornarEad tho+ II +he ron+roct
between the cityand county was permitted to be
inserted in the bill, it would be necessary for
them to show what had been done by the county
in order to induce the city to comply with its
part Of the agreement. He was of opinion the
amendment was irrelevant, and he would prefer
to discuss its materially in the first place. The
public interests were prejudiced by delay. 1t
the contract was to be executed at all it should
be done At once, or the building OF the Court
House would be delayed year.
After some further discussion the Court ruled
that the argument should proceed, the amend
ments to be oonsideredin the record II material.
The defendants answers to the bill were then
handed to Mr., Woodbridge, who was somewhat
gested he should be allowed little time to
read them.
Mr. Rountree-We have simply saiG that what
you say is not true.
Mr.. "oodbridge9 take great many
words to do that {Laughter.]
The question Of allowing time for complain
ants counsel to read the answers created an
other discussion, the other side strenuously
opposing the application. It was ultimately de-
cidcd BY the Court that the case should proceed,
and, il it was found necessary after the reading
OF the answers, he would allow MIR. Wood
bridge reasonable time to produce rebutting
testimony.
Mr.. Herr1ck here stepped forward and stated
who had prepared an answer in which he dis
covered what he knew about the matters in dis
pute~
The Court remarked that this could be put in
when the proper stage was reached
Mr.. Woodbridge then read the bill for the in
junction, which he considered as good an argu-
ment for his client rs could be male. He also
read
THE AMENDMENTS,
Of which the following is an abstract:
The first amendment, to be inserted On the
fortr-second page Of the original bill, was to
the effect that, II the Court should find that
the said law last named-for the issue OF county
bonds-had been repealed, the orator charged
that there was no Law in existence under which
the said Board could obtain any money for the
erection of said Courthouse without first sub
hitting the question OF taxation and Of the
issue Of bonds to the vote OF the people, and
the orator insisted that the said Board had no
authority to erect Courthouse at this time,
aud TINT the proposed contract between THE
county and William Mcneil & Son was beyond
the power of said Board, and If the contract
should proceed, it would result in embarrassing
the county.
The orator further stated that on the 2sth
day Of August, 1872, the city and county entered
into contract, in pursuance OF which the CITY
and county had agreed upon . plan 1or the
said building. and that the clty NAG INSISTED
upon the provisions Of the contract, STIMULATING
that the gcncral exterior design OF said building
shall be Of uniform character aud appeaFance;"
that the award of the contract Tor the construc-
ton OF the county half Of the building to William
e.. g. 1en1 thn 1ff 10
City Council; that on the 21st Of August, 1876
J. II, Van Osdel, Chairman OF the Building
Committee of the City Council, had sent com
munication to the County Board, suggesting the
stone to be used for tie exterior Of the building
until the city could have an equal voice in Sc
lecting such material; that A. Fl. Smith, as
member Of the same Committee Of the Council,
had also sent an official % eommunlca.
effect; @ but tint the Board totally disregardcd
the communications, and. unless prevented by
the injunction Of the Court, proposed to persist
in erecting the county share OF the pulla'ns'
without consultation with tue Guy, OF lnie!'or
material Also, the orator claimed that tile
erertion of one-hali of the building in advance
of the other half would interfere with the de-
sign OF the building, and would increase the e1-
pense in very large sum- and It %ouaa t, of h1f az
without causing an irrcgularlty IN setting
which would interfere with the harmony anti
safety Of the building.
Mr. Hcrrick then read the
ANSWER OF COMMISSIONER BURD1Ckt
of which tile following is an abstract:
It rccitcs that he is q citizen Of and taxpayer
in said county; that the Board OF Commission
ers had advertised for bids for furnishing stone
work for the proposed Court-housse5 ana a tnas n5
was the lowest bid made. That there was also
a bid for furnishing the Bedford limestone,