The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1880-08-26

our brief are as IOil0Ws:
"The agreement %iJh Gent Garfield,
member of Congress, to pay min $4,000
as a contingent fee for procuring a con.
tract which was, itself, made to depend
upon future appropriation by Congress,
which appropriation could only come
froma Committee ofwhiCh he was Chair
man, was a sale of official Influence
which no veil can cover against the
plainest principles Of public policy. N
counsellor at law, while holdicg high
office, has right to put himself in po
sition of temptation, AID, under pretense
of making legal argument, exert his
official influence upon public officers de-
pendent upon his future action. Certain
ly the courts of justice will never lend
themselves to enforce contracts obtained
by such influence"
Fellow citizens, the question is not
who said this. not whether it was said
by Judge of the Supreme Court, or by
lawyer of forty years practice but the
important question is this Are the
statements true? ? and is the conclusion
from them just?
That's the question to which the Amer.
ican people desire, and will have, an an
swer. What are the statements? First,
that Garfeld's compensation was to be
wholly contingent upon his success in
getting the DeGolyer contract. He was
to have $4,000 if he succeeded in getting
the contrast, and nothing if he did not
get it.
Was that statement true2 Lay aside
from your minds all that Chittenden
said. Let me read you what Garfield
himself says about that, in his own
words of explanation: II understand
Mr. Parsons was retained by these par
ties in Chicago, and they paid him re.
tanning fee of $4,000 for his services,
whether he succeeded or not. And they
were to pay him $4,000 as a contingent
fee, If he succeeded, Mr.. Parsons had
done the bulk of the work. He came to
me saying there were $4,000 depending
upon his success, of which he would pay
me halfin case made the argument and
was successful, l suppose that is fair
explanation" This is Mr.. Garheld's
statement, and that is conclusive to
show that his fee was wholly contingent
upon his success. Success aye, success
in what There is, and there can be, but
one answer-suCCess in getting the con-
tract. He did succeed. He got the con-
tract awarded, and, for that, he did get
his $4,000. The next statement is that
the contract obtained and for obtaining
which he got the $4,000, was upon it,
face contingent upon future appropria.
ton by Congress. The award is in writ
ing. Let it speak for itself. What it says
is conclusive. Neither can Mr. Garfield
argue words into the contract nor out of
it. He can no more argue the words of
the condition out of it than he could ar
que the seal off from bond. Its words
are already stated in the plea. But it is
SO very important in judging rightly of
the matter that will again read the con
dition on the face of the contract. wo'd
emphasize and italicise these words.
After the contract awards one hundred
and fifty thousand yards, absolutely, then
followed these words, viz:
"An additional amount Of fifty thous
and square yards will be awarded you so
soon as the Board are reimbursed by the
general government on account of ex
penditures around the public buildings
and grounds; or yeu will be allowed to
lay it this season if you can wait until an
appropriation is made for the purposes at |
$3.50 per square yard"
That this fifty thousand yards Ia part
of that one hundred thousand more
which Chittenden demanded after Gar.
fields influence was securely was made
contingent upon the future appropria-
tions by Congress, is declared upon its
face in express words. 1t is a plain and |
palpable fact. The other essential fact
alleged is that Mr.. Garfield was then a
member of Congress and Chairman of
the Committee from which all appropri. |
ations came. That fact is admitted and |
we'll known TO all the world. All the es.
sential points stated in brief are true,-
The next question is, is the conclusion
just Beyond any other member of Con-
gress, Garfield was responsible for all ap,
and was made 30 by his po
sition. Beyond any other member, his
vote and his influence were potent and
in the House, where he was
an able and an acknowledged leader of
the majority. 1t was more than mere
figure of speech-it was almost the liter
al faCt-when Chittenden said Garfield
carried the purse of the United States
that as Chairman of the Committee on
appropriations he was the strongest
man in Congress, and that all the ap
of the District came from
him.
No wonder that in the delirium of his
Joy at his great success in securing "the
influence Of Gen. Garfield by yesterday,
asst night, and to.day's labors," the hap.
oy Chittenden exclaims: MY demand |
8 to-day not less thar one hundred |
thousand more-two hundred in all"
At first, and before Garfeld's inhu-
,nce was secured, Chittenden only ex.
1ected and modesty asked, it would
jeem, for contract for only one hunered
thousand square yards But after Gar.
ield's influence by such great labors had
leen secured, then he not only petitioned
lut he exultingly demanded one hun.
ired thousand more-two hundred
thousand in all; and, aided by Garfield,
lib ueuduu WAS dCC6u6u W Dy lu6 DOdru,
de got his award for two hundred thou.
and square yards, fifty thousand of
which was made 10 depend upon the fu.
ure action of Congress, He could hard
y express his Joy at his unexpected sue.
,ess. II can hardly realize we have
3en. Garfield with ua; it is rare and very
,ratiiying." Well might Chittenden say
hat. But, fellow citizens, say it more
n sorrow than in anger, there are hun.
lreds Of thousands of American people,
native born and foreign born, who can
hardly realize it--who can hardly realize
now it was possible that Gen. Garfield |
should so far forget all the sacred trusts |
If his posltion--as the sworn keeper Of |
;he keys Of the public treasury, as the |
most responsible Of all men in Con-
gress for the appropriation Of the pub
ic money-to do the thing; to do |
what beyond all dispute he did-viz.,
agree to go before the Board of Public |
Works and ask Ross 9henhArd the