The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1880-09-10

sOlycr pavement job. AMI how Garfield
became connected with II:
One Chiitcnden agreed with DC Golyer and
M rs.l'ann' .,n. ,.. Oh .hiraEn, % obtain
Nc WORKS IA Eastern cities. he was a. yet III !
iob- aud thcy were 20 fuifli them. Bnf ne was
70 have "n..'niti 81 al 10. net probes for the
getting OF them, they furnishing all the capi-
tai. msieriai uni work. tniffcnden went 81
10 Washington, where Boss shepard was Ia liz.
seight OF his glory. Through the influence ~
Garfield, mainly. thiitrnden euf 4 contract,
awarded BY boss shepard AMI hrs colleagues 10
pave z,j,vo yards n 1850 per yard when the
actual cvsf 81 laying IL down was only Sl.5)
leaving, II the contra should be fulfilled, 4
net profit OF tfDlOOi.
Chlitenden sue Mcclclland and Charles y.
jenkins. VINO hal bought out do Golycr. aud
was substituted la his place. upon his contract
10 receive L.s nne-tnird Of the profits claim
ing ~ least sivl.vvu. l.. A. Sforrs. Esq,
very ingenious. able and eloquent lawyer of
Chicago. the same WIN defended Blbcock in
- !. aus. was attorney and counsel for Ihif-
tcntcn. MS srif and my son, J. r. Doolite.
Jr. were retained a. defend. We pleaded
specially. The substantial defense set up was
fhnt thittcndcn obtained the contract by inn
proper Influences. against public policy. and
therefore. the contract Was void. The pleas
hverred also that the plaintiff well knew thai
4 was void aud was Obtained by Improper in
fucuccs.
The act~ set out In the pleas are too
voluminous for me 10 read them. as could h
hnf time Bui they set out in substance:
That the contract was 20 the amount OF & LvD
square yards. upon IFS face. contingent upon
n future appropriation 10 Ice made BY en-
eress: that the plaintin employed James A.
GARFIELD, then beng member OF Congress.
and Chairman OF the Committee on Appropri-
atoms Of the House ~ Representatives. a0rs O.
ing 70 pay him 4 contingent fee Of s5vJJ
provided ne would obtain tho said contract of
the Board Of Public works. that by his iniis,-
encc and persuasion he did procure the
same, for whicn he received the sum ~ 5000:
that afterward bill was reported from the
committee OF which he was chairman. ana dld
pass the House. and passed Congress aud be-
came law. ApprOprsafng the sum Of <l.s8l.-
Go. out OF which the pavement under said col,-
tract could be pad Tor by said Hoard II Pub
lie Works, that tine plaintiff aud the defend
ants. and tire said Garfield. and the members
OF the said Board Of Public Works well kuew
~ toe time of his said employ mont and al the
time OF his service in procuring said contract
that the said Gariicil from mis- Official position
did and would have a potent influence In pro- I
curing the passage OF such nppropriatioi ~ 4
carry such contract into effect by said Hard 4
Of Fable WORKS; and that by means ~ the I
premises the said contract was ia fact. Oh
tanned by improper influences. against pullc
policy. and l. void.
III order % show that the contract awarded
was dependent upon the future appropriation
81 Congress. tue plea further sets out the
words 81 the contract rs follows. VIZ.
An additional amount of nifty thousand
square yards VIII be awarded YOU 30 son ~
the Hoard art reimbursed by the General Cow
eminent on account OF expenditures around
nc public buildings and grounds or YOU viii
a. a.iow"i 10 lay II this season II you can wait
until an appropriation Is made for the purpose
at s3-g per square yard
In order TO show thar the plaintiff knew that
u VAS the influence 81 General sarfield a. A
member 81 Congress. nnd not the Arguments
Of General CARRIED rs lawyer. that was sought
an paid for. the pleas further set OUT a lerrrr
from Chlttendcn 20 DE Golyer and Met Iellan.
dated ~ the Arlington House. al Washington,
in which h. said:
The influence of General Garfield has been
secured by yesterday. last night aud rs-siay's
lat0r-; ne carries the purse ~ Tho United
stare--the Chairman ~ the Committee on
Appropriations. and Is the strongest man IN ,
Congress aud with our friends Nv .!emand
4 to-day not less than one hundred thousand ,
morc-two hundred thousand in all Every |
thing 4 in the best Of shape--fhe connexions ,
complete and have reason 10 believe salts ,
factory. can hardly realize fhnt we ,
have General Garfield with us. II J. rare-and
ssry ErntiiyIng. Interpretations Of the dis I
The pleas also alleged that Garficld's com \
was % be 500, II h. succeeded In I
getting the contract. and was 70 be nothing IL
Ne did not succeed. II alleges that be did sue !
'eed and was paid that sum.
To these pleas the plaintiff denurrrd AMI 4
ne case was decided ~ Judge farwcll. over Z
uling the demurrer and sustaining our pleas. :
hu- holding upon the facts stated that the :
,0ntnict was void against public policy 4
! nee ~ was 70 appeal me case ended there ?
nittcd a written brief. In that had occasion d
2 cite case decided ia the Supreme Court ~ u
nj, ~ lniied states by Justice swayne. not Z
hen reported u the books. but now reported ;
. the list 81 Wallace. al. the case Of BURKE n
~ FIRST vs.. Child. with which 4
he profession nre familiar +
by the mistake ~ "a reporter 70 the New q
.nrk World. the language IT a portion ~ our 4,
rief was attributed 10 Judge Swasne- The a
wed the case cited. decided by Judge :.
wayne. from which "A quotation was made. n
ne mistake was entirely unintcntional. and 4
'as due 70 a confusion In quotation marks. u
or few days il went the rpnuds Of the press n
The language Of Justice S~ayne until. in ~
istlcc 20 him. 20 Mr.. Garfield and 90 myself.
corrected the mistake In note 20 the thi-
,llows.
/" The agreement with General Garfield. a
ember % Congress. to pay him ts.00 rs II
Dntingent Tee Tor procuring ccntracf which VI
a. itself made 70 depend upon a future aT- =,
by Congress-. which appropriation ~
puih only come from a committee 81 which
was chairman. was a sale OF Official infiu- M
nee which no veil can cover. against the Al
ainest principles u public policy. No coun- a
'lnr At law. while holding high ONCE. has q q
gnt % put himself In position OF temptation. III
"a under preten~e Of making legal argti- eli
ent- exert his Official influence upon public ~
=, - dspcndan. upon hts future action; u
einseiyes 20 enforce contracts obtained by "a
ch influence" WI
feiiow-citixcns. the question u not who said II
~. not whether II was said hy a Judge of ~
+ supreme Court. or by lawyer ~ forty IN
ars practicc but the important question Il vi
~. Are the statements trueY and Is the -
nciusion from them ju~tY IN
That's the question 10 which the American ~
upie desire. and will have. answer. NJ
hat nrc the stafcmcntsS First. that Gar pr
lbs compensation WAS 20 Ne wholly CON W
gent upon his success In getting the De w
'iycr contract. He was 20 have i've thou VI
nd dollars III he succeeded in getting the ~
ntract. and nothing IL he did not get IL. ~
y ns that statement trucf Lay aside from ~
ur mind all that Chttcndcn said Isf me Er'
~ you what Garfield himself saws about A.
n. IN hts own words ~ explanation: !. tul
1er>tAnd Mr. Parsons was retained by these Jul
rites IN Ghlcnuo anil they maid MIN !, - col
ming fee Of iive thousand dollars for his w
Vices. whether he succeeded or not. And w
~ We're ~ pay him ten thousand dollars rs ~
unfingcnt fee, II he succeeded. Mr.. Par grt
v had done the bulk ~ the work. Hr ans
me- 10 me saving there were ten tho,,sard Inn
liars depending upnn his success. ~ whirn lie