The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-03-28
from the Chicago Tribune ]
Mule Story.


Mr.. Pendleton having, by his own confession
in the Kentucky Railroad business, doomed
himself to an untimely political grave from
which there is no resurrection; the Indanapo-
lis water-works stock jobbing swindle having
been brought to light and laid out Hendricks
cold as a picked mackere; and the Terre
Haute Railroad job having. we dreadfully fear
sent that illustrious reformer Sam Tilden to
join the throng of defunct Democratic politi-
clans, the organs of that party have engaged
in mud-hlnging with redoubled vigor. Per-
ceiving the bootlessness of all efforts to galva-
nize into vitality their defuncs cheftains and
Presidential aspirants they have embarked in
campaign of scandal for the purpose of MAX
ing out that every honest man in the Republic
can party who is liable to be nominated is no
better than the Democratic defunct aforesaid
and the other shining lights who are on the
way to join them. Naturally, Secretary Bris-
tow. whose incorruptible integrity and the cour-
age and vigor with, which he smashed the
Whisky Ring make him especially odious to
them, has been singled out for attack. They
have set about demolisbng him with mule
tale. 1t is soou told. In March, 1865, when
the Confederacy was lettering on its last legs,
Pap Thomas was preparing for final, rap
couldn't be made until large lot of mules had
been secured for the necessary transportation
and supply-trains. Of course every effort was
made to procure them with the utmost dis
patch; among other contracts made in that re-
gard was one by Quartermaster Rowland, of
which the following memorandum was made
OFFICE ASSISTANT QUARTERMAsTER. NASH
WILLIE, Tenn, March 8, 1861 hereby eblgate my
self as officer of the Government, to receive of T.
I. Taylor, agent. 1000 good, servicabe mules that
viii inspect up to the required standard, said mules
to be delivered in Nashville, Tenn, on or before the
10th day eS Of sAE i next ext at the following prices to-
Il, IA IL, and Is hand mules.
HENRY ROWLAND,
Captain and Acting Quartermaster.
One hundred of the animals were delivered
nnder this contract, and the remainder had
been purchased or contracted for, when the
rebellion collapsed; and the contractors in
question, in common with other contractors,
found left on their hands droves of mules
bought Tor the Government which the latter
didn't want, while the sales of army mules,
for which there was no logger use, broke the
market. Where there was no dispute as to
the validity of the contract, the Government
reimbursed the contractors for the losses by
them sustained. There was question as to
the validity of the Rowland contract. That
was obviously whether the written memo
randum, which alone was a mere proposition,
was accepted by the other party. The con-
tract was not such as the law requires to be
ing it complete might have been oral. or i'm
piled from the acts of the contractors with
the approval OF the quartermaster 1t was a
question of law for the courts. to be determined
upon all the facts, whether the Rowland con-
tract was binding upon the Government. The
Court of Claims was established to adjudcae
precisely such questions, and thither this mule
claim was taken. A brief of the case was
prepared by lawyer for the claimants, who en-
gagged Mr.. BristOw, then not Government
official but practicing attorney, to simply ar
que before the Court of Claims the law points
law points secured decision in favor of the
claimants, for which his fee was not 80 per
cent, as has been falsely stated, but 10 per
cent, the usual fee in itigated collection cases.
There is no pretense that the damages allowed
were too great The sole question is to wheth-
er the contract was obligatory upon the Gov
eminent. That the Court decided, after hear
ing, in the affirmative. Mr.. Bristow held no
official position, brought to bear no party pres
sure or personal or political influence upon the
Court but simply, upon the brief made up by
the lawyer originally employed in the case, ar
gued the law points involved; and the majority
of the Court sustained him. For it all he
charged the ordinary fee for collection in liti-
gated cases. And that is all there is of it, and
the utmost maievOlence can find about it moth
ing unprofessional nor dishonorable All the
mud-finging in tie world cannot disguise it.,
nor bring his action in this matter to be re-
garded as ON a par with Mr. Hendricks Water
Works Ring operations, Mr.. Tilden's railroad
financering q la Jay Gould, OF Mr. Pendleton's
lobbying through the War Department of
stale. rejected fraudulent railroad claim, to
do which he paid one bride of $4,000, and
proceeds. The mule story is harmless to the
man against whom it is brought. After the
manner of. the mule itself, it will damage
only those who stand behind it.