Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1876-03-22


the knowledge and consent or the school
board at that time, as solicitor, ahd
Messrs. Stevens e. Kelley, OF Aipena
Charles Draper, of Pontiac, and ID. &
Hobrook, of Detroit, were retained ms
counsel in the case. and an answer was
put in to each of said cases and motion
made TO dissolve said injunction, which
was argued before the Circuit Judge, AZ
Bay City. February 23rd and cath, 1872
aud the motion over-ruled. Since that
time the proofs have been partially taken
and there the case now remains, no hear
ing having ever been had upon the merits
of the case. The principal reason for
the delay, so far as the defense has been
concerned, has been the want Of funds
with which to prosecute successfully the
defense with.
Messrs. Draper & Holbrook both at
tended the hearing OF the motion TO
dissolve the injunctions and took part
in the argument, and also they were pres
ent at the special July term Of our Cir
cult Court in 1872, at which time the
complanants all filed, by leave of the
court, an amended bill of complaint, and
neither of them have been paid anything
for services, except $500 paid to Mr..
Draper, and without some knowledge OF
where their pay was coming from for
past services, and those they might
render in the future, they decline to take
any further part in the case.
The present school district is the only
party interested in these suits, and the
amount restrained is trihe over $1,000,
with interest, in the event that the de-
tense should be successful, and q decree
entered in favor of the defendant for the
payment of the tax. 1t seems TO me
very DESTROYS that some arrangement
should be made so that said suits might
be disposed OF, and for that purpose !
make the following proposition:
For the sum OF six hundred dollars, in
addition to what has been already paid,
| will agree to settle with Messrs. Draper
& IIolbrook for their services in these
cases; also TO prosecute said cause TO q
final decree in the Circuit Court, and. II
decided against defendant, to appeal the
same TO the Supreme Court, or if COM
plainants shall appeal the same to the
Supreme Court, to bring the same to a
hearing and decision in the Supreme
Court. The said sum of six hundred
dollars being in full for all services OF
myself and those of Messrs Drarer &;
Holbrook in the Circuit and Supreme
Courts. except as hereafter stated The
School Board to pay the taxable court
costs In either court the expense OF print
ing the record and briefs OF counsel in
the case in the Supreme Court, on the
part Of the defendant, and If a decree
shall be entered in the cause against the
defendant, making the injunction per
petual, then nothing further to be paid
bv said Board for solicitor or counsel
fees or services But if decree shall
he entered in said cases, on final hearing,
requiring said complainants to pay the
amount of tax inioined. then the School
Board TO pay me in addition to the above
sum ten per cent. on the amount enioin-
ed as fast rs the same shall be paid into
the school treasury. The said sum of
six hundred dollars 10 he paid rs fol
lows: Three hundred dollars now, and
three hundred dollars when the cases
shall be finally decided.
All Of which is respectfully submitted.
J. ID. HOLMES.
Moved by Mr.. Alvey, supported by
Mr.. Lester, that the proposition sub
mitted by j. b. futile, Esq. for settling
and compromising certain suits pending
in the Circuit Court for the county OF
Alpcna. in chanccry, wherein 90 tax
payers of this district are compliments
and A. l.. Power is defendant, is rejected
The question being called for, trustee
Avery objected to trustees Lockwood
and McRae voting on the question, they
having a personal interest in the sub
ject matter Of said suits.
The President sustained the objection
made by trustee Avery, and trustees
Lockwood aud McRae were accordingly
ruled out, after which the resolution
of Mr.. Avery was adopted by yeas and
nays as follow: Yeas-Avery, Lester
and Starbird Nays-Stout.
Trustees Lockwood and McRae took
exceptions to the ruling of the chair in
declaring them from voting on foregoing
resolution.
Moved by Mr.. Avery, supported by
Mr.. Lester, that the proposition sub
mitted by J. d. Holmes, Esq in reference
to the suits now pending In the Circuit
Court for the county of Alpena, in
chancery, wherein 90 taxpayers of this
district are complainants, and A. L..
Power is defendant, be accepted by this
Board. Ayes-Avery, Lester, Stout and
Starbird. Nays,-None. Trustees Lock.
wood and McRae not Offering to vote on
the resolution. Resolution carried.
The Secretary was instructed TO enter
the communication from j. ID. Holmes
in full upon the journal.
Whercupon. on motion OF Mr.. Avery,
the Board adjourned.
A. r. MCDONALD,
Secretary.