The Weekly Kansas chief. [volume] (Troy, Kan.) 1872-1918, 1878-06-20

and downright lying with reference to the bond
suits, it may not be amiss to give the exact facts
in the case. These Interpretations have been
msds for the purpose Of disafecting and dissstis-
flying the people with the efforts Of the County
Commissioners to secure an advantageous adjust
ment. Il will have been observed that all this OPP
position comes from the Troy Bsilefia, that pre-
tends to be the exclusive guardian Of the inter-
ests Of tho people, and is continually appealing
to them for support; and We last week showed
up the editor Of that concern in his attempts 10
play into the hands of the bondbolders, and to
encourage them tO resist any compromise, in the
hope Of securing bonus from them for his cf-
forts, 90 clearly and directly that the brand Of
renegade and traitor will forever sti ck to him.
This nan, who has offered to sell ont the in
terest, of the County, has asserted that COM
promise might have been made long ago, If the
Commissioners had desired it; and that the
County will eventually be forced 70 pay every
dollar of the bonds. He has howlet because the
Board have agreed to pay two good lawyers the
enormous sum of one thousand ,deilars for fight
ing the case for the County to q fni termina-
ton and he has asserted and caassd the i'm
preston to 60 abroad, that the County cannot
now compromise with the bondholders without
paying these lawyers five per cent. of the whole
amount.
We think that everybody will admit that
there can be no compromise of anything without
both sides are agreed to it. From the time the
bond meetings were held, over year ago, the
Board have been endeavoring to get an under
standing with the holders of the bonds, as far as
they could ascertain who they were; for there
has been no registry of them, and there is no
means of tracing their ownership. But it was
pretty sure that no bondholder would compro-
mise as long as he was getting his interest reg
ularly. Therefore, the Board omitted tax levy
for interest on bonds. Some few Of the holders
of the bonds, whose names could be ascertained,
seemed to be willing to make reasonable ad-
justment; others swors that they were deter
mined to have every dollar; and Others have been
90 condescending as to say that if the County
will raise the money to pay off the bonds ut
once, they will knock of five or ten cents on the
dollar! And yet the Board ought to have made
. compromise with such men, ought it'll 1t may
be well enough to bear in mind, that to compro-
mise the bonds, it will be necessary for the
County to vote other bonds TO take them up !;
and that while any considerable number of the
bondholders stand ont against any compromise,
it will be useless to vote the new bonds; and the
County cannot raise the money to pay off the
bonds at once, even at so cents on the dollar.
When the January interest on the bonds be-
came due, there was no money to pay it., as the
Board had levied no tax for that purpose, and
then came the test. It was now the bondhold-
ers who were forced to take action. One of
them commenced suit, while the others stood BY
waiting the result, so that they could govern
their actions accordingly. Should the Board
sit still and allow judgment to be taken by de-
fault, which would have compelled the County
to pay every dollar; or, should they put forth
every effort to test the justice of the question:
They cheese the latter, which was the only course
that sensible business men could pursue. In
cases involving s6OO,O0O, lawyers usually ex-
act fee of from $4,000 to $4,000; but the
County Board made All agreement with two law
yers, by which they are to be paid the exorbi-
tsnt sum of 1000, or $500 apiece, for carrying
the case to final termination, even if it is nec
essary to 60 through the Supreme Court of the
United States. These lawyers are to pay all
their own expenses in attending the Courts, ex-
cept in case they are required to 60 to Washing
ton, when their actual expenses are to be paid by
the County, amounting perhaps to a couple of
hundred dollars more. It is over this munifi-
cent lawyers fee that the Bulletin raises its wall
But if these lawyers succeed in establishing that
any portion of the bonds were illegal, and in de-
feating them, they are to he allowed per cent
Of the amount SO defeated. But here is the
whole contract taken from the records of the
County Board, of May 4th, 1873. 1t will tell its
own story:
1t is ordered by the Board, that Albert Perry and
Nathan Price be employed to assist the County At
torney in defending the suit pending in the Uni
ted States Circuit Court against the County, and all
other suits that may be brought against the County
on the bonds issued to the St. Joseph and Denver
City Railroad Company or the Atchison and Nebras-
The said Perry and Price shall be paid now Eve hun
dred dollars; in October, two hundred and fty dol
lars more; and ut the end of all litigation two hun
dred ard fifty dollars more. The said sttorpeys
Perry and Price, ifthey successful in finally de-
featng the bonds to receive additional fee OF five
per cent on the total amount of said bonds or FIVE
per cent such bonds defeated but in case tbev
are unsuccessful in defeating said bonds then to
have no other compensation than the ono thousand
dollars above specified. The Board to have the right
at any time, to compromise with the holders of
any of said bonds IT, in the course of said litigation
1t should become necessary for either Perry or Price
to 60 to the City Of Warrington. the Board to deay
penses in attending all courts in Kansas.
If these lawyers succeed in saving to the peo-
pie of the County 100000 of the bonds, they are
to receive s. OOO Which would the people prefer
to pay 5000, or $lOOO or even to pay s50,-
on compromised We think they would gladly
pay 10000, and have the whole $4OO 600 defeated
altogether. But this record gives the lie to the
assertion that the County cannot now compro-
mise the bonds without paying the lawyers 5
per cent. of the amount. Ifthere is chance for
compromise, the Board can at any time take the
business out Of the hands of the lawyers, with
put paying them dollar over the 81 900 agreed
upon.
Now, we would like to ask, could the County
Commissioners have done otherwise, without
grossly neglecting their duty, than to employ
uicient legal assistance to look after the inter-
ssts of the County in these suitsi And will not
my man who has ever had experience in law,
'ay that they have secured this assistance at re-
small COST They might have secured
he services of the editor of the Troy Bslletin, 1
rho is eager to work for for nothing. He might
rave compromised with the bondholders, wheth- |
r they were willing or not; aud If it was taken |
nto Court, he might have beaten tho plaintiffs |
y paying no attention to the summons and |
making no provision to contest the suit; but
obody else could.
And now that the County has shown deter