Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1883-01-03
MORE THAN 100 LAWSUITS.
Two Men Spending Twenty Seven
Years in Litigation The Long
Legal Battle Ended Only
With the Mental and Financial
wreck Of One OF the PIIn-
eipals.
Milwaukso Special ln Ny. Sun

The recent death OF Josiah Noonar
recalls to mind one Of the most re
markable series Of lawsuits OF which
there is any record in this country
The parties to this litigation wef,
Mr.. Noonan and John J. Orton
Both were conspicuous 10 the busints ),
and political world thirty years sRo
both we're high spirited men, e4sily
aroused and good haters. So well
we're their respective bumps of com
bativeness developed that it was q
question in 1855 which had the more
Of the quality. They fit, and fit. and
ht, until the people began to wonder
whether the trouble ever would end
and what it was all about tor the
original dispute was lost sight of in
the multiplicity Of suits growing
out Of collateral branches Of the great
quarrel. To this day, while every
man, woman and child in the State Of
Wisconsin has heard of the case oi
OrtoD against Noonan, or Noouan
against Orton, not one in ten thous-
and knows what caused the long legal
battle. which ended only with tbe
physical, mental and financial wreck
OF one Of the principals.
The firm Of Wolcott, Dousman 4
Cotton owned the Humboldt water
power, near this city. In 1851 thew
gave to the paper mill firm of Came.
ron d McNab a lot Of land abuttipr
on the water, with lease to run three
years, and renewal at the end Of that
time, on notice, for uinetyNnine wears
It was stipulated in the original lease
that there was to be certain amount
Of water per hour, and the price 10 be
paid tor the privilege was $500 a wear
Before the mill was completed Csme
ron died, and Noouan, who had been
engaged before this time principally in
politics, having been the Democratic
boss Of the State, succeeded him. tbe
style OF the firm then b ing Noonan X
McNab. They flashed the mill and
put 1t in operation. About a Yea,
later, in 1857, Johu J Orton. who had
loaned to the 6rm of Wolcott, Dous
man 4 Cotton the sum oil $5U00. became
owner Of the water power by purchase
AID by foreclosure proceedings TO per
feet his title. AS the time for tbe
expiration Of the three year lease an
preached a disagreement arose bet ween
Noonan and Orton. OF course Orton
was held by the contract of his nrede'
o 'ssor toextend the three ye,r lease n
niIety nine years if Noon n so de
manded, aud NOohan made the de-
mand, ~
HERE THE QUARREL BEGAN.
Orton, who is still living, although a
very Old man, says he was willing In
extend the lease, and that he offered
to sell the whole water power TO Moo
nan on twenty years time. but that
Noonan determined to intimidate and
harrass him, and so force a sale at a
lower prioa than he was willing IN
take. He wanted to drive me svsv
from my property and rob me" saws
OrtOn, NoOnan's side of the story
was, from his standpoint, eoually
plausible. He believed that Orto5
was trying to get the best of him in
many ways that the water power
was not Of much account anv
way, and that having a contract IN
black and white, be could gain bv he
law VII t Orton denied him in Drivote
negotiation. Both men were in q ra0e
NoOnan was man who never did any.
thing by halves, So in 1858 he eom-
menced in one day fifteen suits against
Orton, The principal one was to
compel a specific performance of the
contract to extend the water power
lease nlnety-nine years. The Others
were Tor damages in not having fnr.
nished as much water as the contraet
called tor, for trespass, etc. Orton
answered the main suit, and Noonsn
had him arrested for perjury for
swearing to matters which the answer
contained. Mr. 0rton now SAYS thai
these suits were commenced in accord.
ance with the advice of Jason Downcr
who told NOonan to "sue and sue and
sue" vrfr
Noonan was so desperately in earnes,
that 0rton was surrounded M iii.
poiBt BY men 10 Noonan' s interest and
also the friends Of his own, ineludins
his brother, Harlow s. Orion now )
Justice of the Wisconsin Sunreme
Court, who advised him to surrender
take Noonan's price, or give the
water power away rather than fght
Tor Noonan would crush and ruin
him. OrtOn was not that kinS
OF man. lie was mad. ton and
he determined to fight. lie bronob,
suit for suit, principally for rent for
more water used by Noonan than his
contract called for, and for trespass
AT one stage Of the proceedings q com.
mission OF experts was appointed
Alter q laborious investigation tbey
reported that Noonan had had as muci
water as his contract called for
Then there was "
TALK OF A COMPROMISE,
but under tho advice of Downer and
Matt Carpenter, Noonan determines
togo ahead, More suits were bropebi
ON both sides, and the main suits wer,
pressed energetically. The wear,
passed Lawyers died and new ono,
we're retained, who bad to no back :,
the beginning aud study up. Jndg,
succeeded Judge, but the new record
as we'll as the old bore the name
Orton NoonAn and Noouan. Orion
betwesn sixty and seventy differsnI
iAwyer aud as many as score q
Judges figured in the more than n bno
dred actions which marked The lon,
litigation. Ofthese oases sufIiciepi
nnmb,r went to the Supreme Cour
TO make a very considerable norton n
tho contents Of thirty six volumes a
the Wisconsin reports. -,9
The battle has finally ended in m,
triumph Of Orton He was tie vie,o,
IN the majority Of suits which ave,
n m \ IA an and II Z. pt a.