Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-03-11
An Interesting Exhibit From the
Attorneys Of the City.
The Terms Upon Which the Munich
pal Counsel Recommend That a
Settlement Be Made.
Last Nights Regular Monthly Meeting Of
COuncI-RsPorts OF City osaeials for
the Past Month-The Murphy Meet
ipg-The Mother Hubbard Car
nIyaI - Amusements.

Below will be found the full text OF the
pspeE submitted TO council last night by
Messrs. W. P. Hubbard and Erskine 4
Allison, attorneys for the city in the George
Q Black suits, together with their state
ment showing the net result Of said suits, as
far as they have progressed, aud the cost Of
the same:
To the Mayor and Council Of the City of
Wheeling:
GENrLENEN-By your resolution adopted
on February IL, 1885, the matter of com-
promising the suits OF the city against
George Q. Black and the ~sureties on his
several official bonds was referred to US with
Instructions to report to Council any com.
promise, proposition or arrangement which
can be affected, and the acceptance Of
which We would recommend.
We have the honor now to report that
although no definite proposition or arrange
ment, so far as the form or manner OF pro-
ceedure is concerned, can be submitted, we
can probably obtain for the city, either by
the compromise of the suits, including all
claims OF the city against Mr.. Black himself,
or by an assignment without recourse OF the
Judgment in case No. /, and OF the claims
IN litigation in cases No. 2 and No. ), the
sum Of eighteen thousand dollars, and In
addition thereto the payment of all the costs
in the three suits.
. By the adoption Of any Of the different
means contemplated, the practical result 10
the city-the payment now Of SIS 600 and
the costs-would be the same.
The Observation-Disclosures, in effect, of the
sd option Of one or the other of the different
plans contemplated would be felt only by
the s~ureties, among whom there are com
plications which it is not supposed to be
necessary to explain herein in detail.
We would recommend the making of any
arrangement by which the sum of SlS 900
and the payment of costs can be now OBJ
tanned for, or in satisfaction Of, the citys
claims. We believe this is a smaller amount
than would probably be recovered By con-
tiuuiug the litigation in cases No. , aud No.
, as long as anything remains to be lltigat.
ed, yet it is much larger than was expected
by the persons representing the city inter
ests when the suits were begun-about one.
halt OF the amount having been brought TO
light by the lsbors OF the citys attorneys,
principally by Mr.. Erskine,) since the in
y~estigating committee made its report.
While it is true that the continuance OF
the controversy for nearly six years has in
the past enured to the interest of the city, 1t
is not probable that the advantages to be
gained by continuing the litigation would
equal the disadvantages from certainty OF
additional. expense and from the risks
always incidental to delay.
In compliance with the wish indicated by
certain resolutions which we are informed
were introduced in the Council al its last
meeting, and in order that the Council may
sac in a convenient form the financial re-
sultSofth investigation and suits, we present
herewith q statement showing the amount
expended By the city Investigations before
the suits we're brought. and In inves-
tigation aud otherwise during the tendency
OF the suits, and showing the charges made
for our services IL the cases.
1t will be seen therefore that if the city
should now receive the sun Of $4,000, the
aggregate ofthe receipts, including amounts
recovered during the investigation, wouldb be
$2l,446.Sj, and that after deducting the ex-
pepses heretofore paid, and the fees charged
and expenses yet unpaid, the city's net re-
ceipts would be ~Sl4,647.75.
Hit he the pleasure OF the Council to au,
thOrize q settlement Of the cases, or an as
sigument of the judgment of the claims for
not less than sis, 900 aud the costs, we
would suggest the adoption Of resolutions
substantially as follows:
Resolved, LIST, That the attorneys for the
city in the three cases of the City Of Wheel.
ing against George Q. Black and his sure
ties be authorized to compromise or settle
the said suits and all claims Of the city
against said Black upon the payment of not
less than $500 and the costs; or to ar
range for the assignment, without recourse
upon the city, OF the judgment in case No.
|. and the claims ofthe city in cases No. ?
and No. 3, including all claims it may
have against the said Black, to any per
son who will pay therefore not less than
$4,000 and the costs of the suits.
Resolved 2nd., That in the event Of the
transfer and assignment Of the said judg-
nent and claims being determined upon BY
TIE attorneys for the city, the Mayor be
authorized and directed to execute in proper
form, under the seal Of the city, such instru-
ment Of assignment as shall be necessary.
Respectfully submitted,
". p. HUBBARD,
ERsKINE & ALLISON.
WHEELING, March 10, 1855.