The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1876-09-29

against the reorganization be allowed as in
the said hill Of con plant menlioned."-
(Fols. 146, 147. 14S.l
To ascertain the time of The rendition of
the services an account of wbich such pav-
ment was made. the eader is referred 10
the opposite page. at folio IA, where we
lind II stated that NJ. Dilden was also tho
counsel for said receivers and that he also
acted as the princi pal counsel for The said
FIRST rnOTg gage bondholders, in relation 20
Tue foreclosure proceedings herein before
men ioued. aud o her proceedings Connect
ed herewith, aud hat such service had
commenced PRIOR so 'ie year 1859. aud
wee rendered from ,,nle 10 time during a
period Of upward OF three yea, S thereafter
II o, her words be services were yende. ed
10 1858: 1859. 1860 acd 1861. No c,nsid-
cradle parU OF these services belong to the
year 1862. TIE .eclosure proceedings in
which they were rendered had all eady
reached n decree in August, 1861.
am AVA, that a most disipger uos con-
s'ruction has been Pot by the Times upon
a sentence from the aoswer which | have
3 here quoted, viz /: The words, land bat
such Sc vices had commenced prior 10 he
year 1859, and were reUdei ed from time to
time during period of upward OF three
years thereafter" The.aIgumeut OF ihe
Times is bat this senteuce adm,s The con-
tinuauce of the vices during tbe whole
of he year 1862. | submit hag even if
these words stood alone. any fair mind
would read Them meaning tbat the SER
vice continued for upwaod of three years
after they bad commeoced, which is ex-
p'essly slated 10 bave been before the year
1859. THIS is he tue consi, uction of the
words. 1t is their meaning. 1t accords
with he flc;s.
/ Bu', of course if The writer desired 20
a>ceiain 'he meaning aud iuieot of This
passage, and found it ambiguous. he would
look 10 the coGtext aud, Indeed, to The
whole answer.
{ BY Iefeuipg 10 page II Of ibis same an
swer you will pes ceive that he foreclosure
suit in which hese services were rendered
was criminal ed in a decree as early as Au-
gust s, 1861. (Coio So, aud that The road
WAS actually sold in the mOu,h of Match,
1862. So that there must have been at
least nire months of She year 1862 which
could not have called for these services,
and as 10 he 10; val between January add
Z Mpch. 1862. any lawyer will undeisiaud
bat Ibis could not have called for much
service, being ihe time occupied by The
rnuning of he adve iisemeut of sale, &c.
Furthermore, tie payments which give
rise TO The discussion were be. u made be-
fo'e the close of the year 1862, aud it is SO
s:a ed in he answer.
III iecollect rightly ibe Times has on
former occasion Iefered to the daie OF lhe
eis set forth in Iie answer April 10, 1861
as evidence hat he services were Of sboit
Continuance. But this agreement was but
ihe final ofirma ion of ne. oi ia ions wh; ;ch
4 had been goiog on for tbiee years.
TiIeie was prelimina' Y agI cement, adop-
ted at a meeting OF bond1o>ders Septem-
Der %. 1853, and modified from time so
time, aud ibis earlier ae cement was Itself
ihe result of prolonged negotiations. tbe
affairs of the road being almost hopolessly
involved with conflicting claims and inter
esis. Pursuant to This pI Ieliniinary agree
ment possession of The entire railroad had
beeu obtained as Tar back as Deccm Der -,
1859.
Tenth Item g-s'December 81. Fees dur-
ing year from Chicago aud Northwestern
railroad company, 500, ,0O0."
This iicm is totally false. Mr.. Tiden
received no fees, compensation or paymen' 5
from the Chicago aud North sieru rail
way company in the year 1862.
EIeUenh Item. Fees during year Fl ON
Toledo a nd Wabash rail. DAD company,
SIS. OO0."
TIE recklessness Of the falsehood will
appear wien il is known hat The Toledo
and Wabash railroad company never, at
aoy time, was client Of Mr. Tiden's, a1d
that he never in she year 1862, or at any
oil her time, received any fees from that
company,or rendered them any profession
al service whatever.
Jto6lfh Item. -''Share of bonds rel iaiued
for Sc. vices duriog year conneci cd with ,he
Iecons't uction Of The Chicago and Alton
railroad company, S25, 000
No bords were retained or received for
snch services in 1862. nor was so large,
amount ever received. including expenses
and disbursements. Services were render
ed, and no doubt they were taken into
count in computing the gross earnings of
that year.
Thirteenth and last Hem.-"Salary as
Trustee and president of The Balance Dock
company, 81 600"
This item of 1,G00 is correct except as
tn ihe da.e, and is the only one of the whole
thirteen of which that can be said.
/ At lie outset OF these attacks on Cover
nor Tilden. in regard TO bis taxable income
IN 1862, still another allegation was made,
MS if on positive Knowledge, namely hat
he lad received from the St. Louis. Alton
and Te,re Hau;e railroad company S:}:, 600
in Fl st MOI gage bonds duling hat year.
This charge is unqualifiedly false and,
now that il has been pointed out in i've
public journals that the complaint itself,
in .be ST. Louis. Alton and Terre Hau'e
suit showed tlteSe bonds not used UP To he
year 1864, the charge appears to have been
abandoned even 10y the Times. which
newspaper, after asserting ihe fact iu posi-
tive te ms. subsequently, published a report
of a committee Of hat company, also amiag-
on istic 20 Mr. Tildcn. but wuich showed
! that. in 1870. these hoods were still in the
hands of he purchasing committee, aud
so could not have formed any part Of his
, income in 1852.
1t seems proper to say ythata re: urn made
under oath must he assumed to he c"rrect
uuless it can be shown to be false. This
attempt has been made by the Times, and,
growing bolder from day to day, It's effolts
have fihally eliminated in specification
of thirteen items, twelve of which are
wholly or mainly fictitious. While the
Times was thus making excursions into
the regions of fiction il seems - have fnund
it convenient to overlook the possibilities
of lawful deductions. such as expenses,
rent interest and losses. The simple fact
is. the amounts returned were ihe net re-
suit Of income after taking out the lawful
deductions. For me IL only remains io as