The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1886-07-15

the City of Austin, August term, A. D. 1856
The United States vs.. Gus Wilke, John V. Far
Babcock-at law.
To the Honorable the Judges of the Court:
The United States of America, by Ru-
dolph Kleberg,their attorney for the west
ern district of Texas, complaining of Gus
Wilke, G. B. Farwell, John V. Farwell,
Amos Babcock and Abner Taylor, herein
after styled defendant company, would
respectfully represent;
That defendants are resident citizens
of, and found at date of service of pro-
cess in this case, in the state of Texas and
western judicial district of Texas, in
Travis county, in said district, and sub
iect to the jurisdiction OF this court.
That said defendants are, and were at
the time of the accrual of the cause of
this action, associated together as COM
pany for the purpose of building and
constructing a capitol for the state of
Texas, in the city of Austin and Travis
county, and are known as the Capitol
Syndicate, acting by and through said
Gus Wilke, who styles himself Contractor
of capitol building" and said company
having an office and doing business in
said city of Austin, in the county of
Tavis, state of Texas That heretofore, to
wit, on or about the LIST day of April, A. ID.
1886, and since the enactment and APP
proval of an act of the congress of the
United States, entitled "An act to prohibit
importation and immigration of foreign
| ers and aliens under contract or agree
ment to perform labor in the United
States, its territories and the District of
Columbia" passed February 26, 1885, the
defending company, acting by and
through said Gus Wilke and other author
lied agents, especially through one George
Berry, did unlawfully and knowingly pre-
pay and cause to be prepaid the trans
portation, and unlawfully and knowingly
assist, solicit and encourage the trans
portation and immigration into the United
States of America of a great number of
aliens and foreigners, among Others one
Alexander Moore, who was then, on said
first day of April, 1856, a resident 81
Aberdeen, Scotland, in the kingdom OF
Great Britain, and subject of Queen
Victoria, under a certain contract and
agreement between defending company
and said Alexander Moore, for said Moore
to perform labor and service for said de-
Tending company in the United States; tC
wit, at the capitol building, city of Aus
tin, in the county of Travis, state o.
Texas, as cutter of granite, which sale
contract was made between defending
CONF any and said Moore previous to hi
Importation and immigration into tn,
United States. That under and by virtue o.
said agreement defendant company agreed
to pay said Alexander Moore, and did pre-
pay him portion of the passage money
and fare charged for the transportation
of said Moore from Aberdeen, Scotland
as aforesaid, to the said city of Austin, il
Texas, in the United States, to-wit: The
sum of three pounds and ten shillings
sterling, of the value of about twelve dol
lars in the currency of said United States
That in pursuance of said agreement
and thereafter to-wit, on or about the 18TH
day of April, A. d. 1886, the said Alexan
der Moore, with about eighty-six Other
4 aliens and foreigners, and resident citi
zens of said Aberdeen, Scotland, as afore
said, which eighty-six aliens, as aforesaid
were employed by defendant company
under similar contract, left said town Of
Aberdeen under said contract, for the pur
pose of migrating to the United States to
anu WOIh do d CubUCl VI RIdulIO lOl
said defendant company, at the capito
building at Austin, in the county of Travis
in state of Texas, and one of the United
States of America; and the said Alexander
Moore arrived at said city of Austin
! Texas, under said contract, on or abou
the 10th day of May, A. D. 1886, and did
Immediately after his said arrival at sale
capitol building, at Austin, Texas, begiI
to work as a cutter of granite for said de
PENDANT company, under said contract
contrary to the form of the statute of tn,
United States, aforesaid; wherefor tn,
said defendant company forfeited ant
, became liable to pay for the said offens,
, as above alleged, to the United States, be
ing the party aggrieved thereby, the sun
, of one thousand ($1000) dollars penalty
as provided for in said act of congress
and statue, and thereby, and by force o
said statue, cause of action hath accrued
to the said United States to recover O
and from the said defendant company tn
said sum of one thousand dollars so for
feited, as aforesaid.
Wherefore, the said United States, b,
their said attorney, bring this suit, ant
pray that defendant company be dull,
cited to answer this declaration, and tina
upon final hearing, the United States hav
Judgment against the defendant com
pany for the sum of one Thousand
dollars and costs of suit; and in dut,
bound they will ever press.
RUDOLPH KLFBERe,
nited States Attorney.
THE CONTRACTOR.
In connection with the above paper, i
may not be amiss to state that the Scot
complained of are not paupers, but OF
the contrary are skilled artisans, evidentl,
capable of paying their way anywhere
On their arrival here, the contractor ant
they themselves stated that they came o
their own motion, having had their at
tention called to advertisements inviting
granite cutters to come to Austin and Sc
cure work for at least two years.
Mr.. Wilkie says they are not paupers
and even i. if all the allegations mad
against him were true, he has violated M
law, as the one cited only applies to thu
importation of paupers.
The Scots are paid the very highes
price for their labor, are doing good worl
and are satisfied.
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