The Superior times. [volume] (Superior, Wis.) 1870-1912, 1878-07-27

where it came up in June 1877,
Judge Drummond deciding that
unless the railroad company, which
was resident of the state, put in a
disclaimer of all interest, the suit
would have to be remanded to the
State court. The Judge said that
it was a case that ought to be set
tied amicably, and intimated that
he who wants equity must do equity,
and that the county ought to allow
for the benefits which it had re-
ceived or is to receive from the
work done by Walbridge, Bro. &
Sargent. The Superior & St. O. ok
Company filed the disclaimer, and
the case came up again last month,
when it was remanded to the state
court on the merely technical ground
that the answer of the railroad COM
pany was not authenticated by the
seal of the corporation. 1t came on
for trial in the Dane county circuit
court at Madison on the 9Th inst,
and was put over to the November
term on the affidavit of the defend
ants attorney that he could not get
his witnesses ready for the trial.
And thus the matter stands at pres
ent.
Our county clerk, Mr.. Richard
Relf, while in Madison to attend the
hearing on the 9Th inst. as a witness,
learned, from the arguments of the
counsel on each side npon the aft
davit to postpone the suit, and from
conversations with the county's at
torney, several important facts
bearing upon the case that were not
generally considered or understood
at all by our people. These facts
are: That Walbridge, Bro. & Sar-
gent will obtain judgment against
the county for an amount of the
bonds to compensate them for the
benefits the county has received or
lay receive from the work. That
a judgment may be obtained
against w. B. & S. for the S75, 900,
less the amount that may be a ward
ed to them; but that such judgment
will not reach any of the bonds that
may be in the hands of innocent
holders, but will stand as a money
Judgment abainst w. B. & s. That
if the bonds have passed out of the
hands of w. B. & S. (as it appears
they have) it will fall upon the
county to prove that the holders are
not innocent,-a very difficult, if
not impossible undertaking, it will
readily be seen. That suit against
w. B. & S. to collect the money
Judgment upon their failure to re-
turn the bonds, would be the only
course left for the county-in short
the county aoould haze to pay the
holders Of the bonds their face ualue,
but would have by way of compen-
sation or consolation, to show
agains these payments, judgment
against the great firm of w albridge
Bro. q Sargent for the pleasant
little sum of s75, 900, more or less!
Desiring some light for ourselves
upon several points regarding this
controversy we last week addressed
to Mr. Spooner a letter, of which
the following is copy:
SUPERIOR, Wis, July 10, 1878
Hon. P. L. SPooNER, Madison, Wis
DEAR SIR,-As the question of the suit to
recover the $3.50, 900 of county bonds issued
some years ago to aid the building of rail-
road from Superior to the Northern Pacific
Junction, is undergoing some discussion here
at present l would be glad to have some
light On few points upon which you as the
county's attorney can no doubt enlighten me-
l. Of the $3.50, 200 issued the people here
generally understand that Walbridge Bro. l.
Sargent lay claim to but $4,000, and are
willing that the $275 900 should be returned
and Cancelled at any time. If such is the
case why are the $275, 200 not returned?
2. In the event that the 5000 are not
now in Walbridge Bro. & Sargent's hands, but
are held by innocent purchasers, as Is claim |
ed, would a Judgment in the present suit
against W. Bro. Il S. reach these bonds in |
any way. or what could the county do towards
recovering them9 Or would the county be |
held for their face and interest
8. Is it your opinion that w. Bro. 4 S.
are likely in any event. in consideration OF
the work done on the railroad line, to be
awarded any portion of the bonds, and if so,
probably how many?
4. 1t is understood that Walbridge Bro |
& Sargent say that if the decisions are ad-
verse to them they will continue to appeal
from court to court till the case reaches the
U. S. Supreme court. For what length of
time, probably, could a final decision be put
off in this way? And what would it prob
ably cost to follow the matter up into and
through the U. S. Supreme court?
Your reply to the foregoing will be ap-
preciated by many here as well as myself
Very Respectfully,
JAMES BARDoN.
REPLY.
MADISON, WIS, July %, 1878.