St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-10-30
BhBB is GUILTY.
He Finally Enters a Plea of
Confession and Avoid
ance.
Admits His Participation in
the Notorious City
Ice Deal.
Acknowledges the Receipt OF
His Share of the
Doodle,
Insisting That Other Alder
men Are in the Same
Boat.
Ex-Mayor Rand TPadueed to
Bolster Up the Ice Con-
Spiracy.

covering Sundry damaging charges, the
Republican city committee have insist
ed that it would be fatal to allow him
either to affirm or deny the truth of the
same. and to prevent so dire a mishap
political guardians were detailed to ac-
company him in his walk about the
business center and TO write such news
paper interviews as might be deemed
advisable. The first of these interviews
was prepared by Lawyer Kellogg for
the Tribune, and 1T once republished
in these columns. ltwas denial which
did not deny. as was plainly shown, but
the best Kellogg could do under the cir
cumStanceS. 1t was generally conceded,
even by Republicans, that it was a
Dlunder, and Charles W. Johnson, an
old newspaper man just returned from
Washington. was detailed to get up an
other interview. This was done and
the second purpOrted interview pub
liShed in the journal, Candidate Babb
being represented as ''being asked what,
if any reply, he would make to the
charges lately made in ST. Paul Sheet"
evidently meaning the GLOBE, and as
answering as follows:
''Uh. there isn't the slightest use to pay
any attention 10 such trash. 1t is well
known that il is mere campaign Slush, and
when the election is over they will be
ashamed of il. | have lived in this city for
twenty years, part of which time ] have
earned my living as a day laborer and if my
record a citizen and business man isn't
good, | want TO know it,
And that is every word that as astute
politician as Charles W. johnson could
say in his favor in reference to the
charges publicly made. The GLOBE
could well afford 10 submit its case to
the jury of the public without other
evidence, but at the risk of being
charged with kicking a political corpse,
which should be put on ice if it is pro-
posed to keep it until election day. pre-
sents the following additional chapter.
BABB INTERVIEWED AGAIN.
Candidate Babb's managers have
made mistake. 1t was well to watch
him in public, but unfortunate that he
was not watched at home. He lives in
the Eighth ward. in which his home
organ is published-a weekly paper
known as the West End Herald, edited
by George +. Wright, and supporting
The straight Republican ticket. Mr..
Wright supposed it was all right to in
teryiew his candidate for mayor, and
Candidate Babb, in the absence of his
guardians. and fOrgetful of his lawyers
instructions. made a clean breast of his
share of the ice deal. Read the follow
ing:
Regarding the second question. whether
when he was alderman he was not directly
OF Indirectly interested in a contract for fur
nshing Ice to the city i'll utter defiance of
the plain terms of the city charter, Mr.. Babb
states that there was never any contract
made with. received or accepted by the city
council ana tlat the dealers delivered ice TO
the city departments the same as they would
to private II SidentS, and that upon recon-
mendation of the committee on buildings,
that the bill for ice for the season be pre-
scented by one ice dealer for convenience
Herman WeStphal presented the same, re-
ceived the money and in course of time
about August of the next year, Mr. Babb's
company received their money out of the
proceeds.
1t will be seen that Mr.. Babb makes
distinct confession TO having been in
the ice deal and sharing in the profits of
the same, but attempts 10 avoid reSp0n-
sibility for WrOng-dOing by denying the
existence of 4 contract. Evidently he
thinks a contract is not contract I'M
less reduced to Writing-he probably
never heard OF such thing as verbal
contract and does not know that the
words agreement and contract are.
in ali such deals, one and the same
thing.
CONTRACTS AND CONTRACTS.
Before going further with his inter-
view let the GLOBE give him a few
definitions of the word contract and its
authority therefor. If he will open
Wcbster'S Dictionary, under the head
contracts" he will find that the law
definition is:
The agreement of TWO or more persons
upon sufficient consideration or cause TO
do or abstain from some act; an agreement
in which party undertakes to do or not 10
do particular thing; q formal bargain;
compact.
If he will pursue his studies lie may
learn that there are several varieties of
contract besides the ordinary agree
ment which almost everybody-thati is,
almost everybody except Babb-under-
stands; that they need not be reduced
to writing, but "may be formed by the
mere consent of parties" He may
learn that among other contracts are
the following:
Express Cortracis-Where the terms of the
agreement are openly uttered and avowed at
time of making.
Oral Contracts-The lowest form of simple
contracts-mere nonrecorded- parol agree
mentS.
Severable Contracts-Those in which the
considerations are by their terms susceptible
Of division on either side.
Mixed Contracts-WheTe one of the parties
confers Il benefit on the other, receiving
something of an inferior value in return.
Implied Contracts-Such as reason and
justice dictate.
Candidate Babb may further learn,
if he will follow up the matter, that
THE intention of the parties is the mar
row of the contract" and that this is
the key for construction by the COURT
THE INTERVIEW RENEWED.
After learning the lesson given above
Candidate Babb may desire to amend
his Interview. However, we again quote
from his statement i'll the West End
Herald as follows:
Notwithstanding the fact that Mr.. Babb
was at this time an alderman, as there was
no contract made : he did not act in
defiance of the city charter.
Having demonstrated that Candidate
Babb is simply quibbling as to the word
contract he was interested in
the deal whereby ''two or more per-
sons" (Babb and WestphaD agreed
upon sufficient consideration Share
and share alike TO do or abstain from
doing a certain act" (the one to make
bis offer at double price to the city,
through its committee on public
grounds and buildings, and the other to
abstain therefrom) ia formal bargain
or compact" by which Babb was to re-
ceive his full share of swag after allow
ing Westphal fair profit-no man can
question. In fact. Candidate Babb adj
mits the whole thing. so far as its es-
sential features are concerned. What
He doesn't admit the double price?
Let US quote again from his home or
gan:
The Globe asserts that it will endeavor to
prove that Babb, during the season of 1884,
furnished ice TO the city at the rate of ID cents
per 100 pounds. 1t need not take the trouble
of proving the same. as Mr.. Babb acknowl-
edges this great crime. The ice companies
were cutting prices that year, and Mr.. Babb