St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-04-08
His Compliments to the Court
and Press in the Forces
tai Matter.
che AZotine Company Thinks
a Refusal to Rebuild a
Hardship.
Preparations to Turn to the
Incoming Double-Headed
Council.

bered that the court decided the case
against the city, and that Judge Brill.
in giving his decision, took occasion to
speak rather harshly of Mr.. Roche for
seeming neglect i'll the discharge OF his
official duties. Now Mr.. Roche claims
that he was not given an opportunity to
explain the case in court, and that II he
had the decision might have been differ
ent. After giving facts and figures to
prove that the case was mStrled, MIR.
ROche's communication says:
My statements are conclusive evidence
that the GeTmania bank was entitled to re-
ceiYe the amounts assigned by Mich Feyen
upon the orders given by James Forrestal,
contractor. and that the judgment Obtained
against the city of ST. Paul through the mock
trial is an infamous fraud. and that Assistant
Corporation Attorney Phillips is at fault in
not presenting the evidence TO the court
Il do not wish to charge Mr.. Phillips with
doing anything Intentionally wrong, but it
.annot be disputed that a very great wrong
has been done the city through the sup
pressed evidence Most of the evidence and
facts are OH file i'll my office. which Mr.. Phil
bps we'll knew, as he had full access to all of
The papers relating to the cases contested.
The first notice | received of the suit of
Patrick keigher assignee of Forrestal Broth
ers, against the city was on March %, the
nay before the SAID trial, when Officer Gal
vim. accompanied by Mr.. Phillips, served pa
pers upon me to produce in court on March
70. only the two estimates audited to the Ger
mania bank. | appeared in court in the
presence of Judge Bril-, the clerk of court
SOySOn. assignee S attorney, and Phillips. at
tOrneV for CITY. with Officer Calvin TO keep
order lest the two attorneys should become
100 excited over the contest. l. of course,
.Ook my place in the witness box after hav-
ing been sworn. and to my very great sur
prlScMr. Phillips neglected TO ask me the form
al questions TO my name, and if | was
city comptroller and the other usual questions
out he forgot and only asked me to identify
the said TWO estimates audited 10 the Ger
mania bank. which did III less time than 1t
requires 10 read the One-half of this commu-
nication. Mr.. Phillips Immediately asked
Mr.. Boysen (assignees attorney if he wished
TO question the comptroller, and Mr. Boysen
shook his head, without opening his
mouth. / was then excused and immedi-
ately went 10 my Office, missing the after oc-
currences. Mr.. Phillips for some peculiar
reason did not wish me to identify the re-
manning seven estimates aggregatlne 50, 1898,
and permit Judgment to be obtained against
the city upon them, when he knew that labor
claims were filed i'll my Office against such.
common council of the suit having
been instituted so that this labor might
have been protected. He knew full well that
The law makes the city the go-between the
contractors and laborers for the protection
of both. There are various uncompleted
contracts upon which estimates have been
allowed and remaining unsettled in my Office
in consequence of labor claims filed against
item. Dut WHAT IS lner6 10 prevent SUcl con-
tractors from defrauding labor if judgments
are 10 be obtained against the city through
mock trials like in the street sprinkling cases?
Nothing. ] have been Informed that no per
sOn.knew of these suits, except Mum and
Boyson, attorneys gOr the assignee, and AS
sistan Corporation Attorney Phillips ana
that when James FOsrestal. the contractor,
and Mr.. Keigher, the assignee, heard of the
and The newspaper report of the
'Royal Roast of Roche.'' by his
honor Judge Brill, they felt somewhat like
ii man after having received an electric
shock. ! really cannot credit the roast by
Judge Brill. as he is considered to be a wise
and prudent man. and would in no manner
perpetrate an outrage upon any public officer,
citizen or criminal by not hearing both sides
of a question. Judges are public officers and
are human, and accountable To the public
just the same as any other public officer. The
pen OF The newspaper sensationalisJ is ever
ready for an Item and ! think the roast
was cooked up through Mr.. Boyson. In the
exuberance of his joy-after the judgment
was announced-he said that he had o.
tanned Il Judgment against the city and had
Roche roasted by the court without opening
his mouth once, by leaving Assistant Corpora
lion Attorney Phillips and the court to do all
AT the taking" evidently showing that At
Iorney Boyson hypnotized Mr.. Phillips. do
not reply 10 newspaper attacks upOn me- as
they have always been in error, which the
papers have discovered through time But
when the papers published that Judge Brill
gave me royal roast, | feel that it is my
duty to take notice of it such being eQuiVa-
lent to a conviction by the court leaving a
deep impress upon the public mind whether
such reported action OF the judge is true or
not.
! respectfully ask YOUR honorable BODY TO
appoint committee OF the common council
in connection with Hon. Daniel W. LAWYER
corporation attorney for the purpose of ex
nmining into this whole matter, and report
the facts to the council. l have unDounded
confidence in Corporation Attorney Lawley
and know that he will act justly with your
committee
The matter was referred TO the mayor, the
PRESIDENT OF The council, the city attorney,
ind Aid. Van Slyke, Copeland, Banholzer
and Melady 10 investigate.
The AZOfine Plant.
James G. Donnellv, president of the Azo-
tine Manufacturing company, presented the
following communication, which viii be in
teresung 10 all residents of The West end of
the city:
Gentlemen: At the last meeting of YOUR
honorable body resolution was passed for
bidding the building inspector TO issue q
permit to the Azotine Manufacturing com
pany TO rebuild on the present site. We have
applied for permit to the building in
spector but were refused under YOUR In
structiOns, We deem this action on YOUR
part as harsh and unfair. You are aware
that our magnificent plant was almost com
pletely destroyed by fire a few weeks ago. en-
failing loss TO us OF thousands of dollars
was hard blow, and severely crippled our
resources, but we have managed by dint Of
incessant labor day and night. to fulfill our
contract to the letter. Our machinery boil
ers and smokestacS sustained but little dam
age, and the plant could be rebuilt on the
present site at q slight cost above the lnsur.
ance. To compel us to go elsewhere would
mean loss TO us of fully $4,000 hardship
we feel your honorable body would not care
10 intlict because of the noisy clamor of a
few individuals whose sense of smell IS far
keener than their sense of Justice Our
works are not nuisance, which fact we
stand ready TO prove when the question shall
have been fairly and impartally adjudicated
i'll the case OF The City against the Azotine
company. We ask for no better testimony of
the worth of our enterprise than what is con
tanned in the health record of ST. Paul, in
the makeup of which the Azotine IS a DO
tentlal factor; and so, while ell the large
cities OF the country are being swept by disease
and death. the SANITY City by reason OF its
plendid sanitary regulations and equip
ments. IS enjoying a complete immunity
from the scourge Of contagion. Ii is This
howl of dissatisfaction from disgruntled
malcontents and this species of persecution
under the guise of law that is driving the
spindle and the wheel and the buzz saw and
the smOkeStack into the limits of Minneapo-
lis. who, tar from chastiSing by petition and
injunction, opens ner arms and bids Them all
thrice welcome. Now, gentlemen, all we
ask Is fair play NJ your hands, and we prom
Use you on our part that we viii make oGT
Iidlll dS IGIlCCt Us SC4tuCe can Dillg ABOUT.
we respectfully urge a reconsideration OF
your action taken at your last meeting, be-
lieying as we do that com llance with our
request will sGbserre the best interests of the
whole community.
After discussion. the Azotine company's
communication was referred TO Aid. Dor
niden.
Miscellaneous Matters.
AID Melady's resolution directing the cit,
engineer to clean the streets and keep then
clean was passed. Aid. Flandrau introduced
ii resolution to arrest all proceedings of The
board of public works in the matter of open
ing Third street, from White Bear avenue Il
the east city limits, and to refer the matter tC
the committee on streets TO investigate. Aid
Bot objected TO the resolution, stating tina
81 large majority of the people interested de
sired the opening Of the street. BY vote o.
to the resolution WGs defeated.
Clerk PTenGergGst suggested the appoint
Dent OF committee 10 prepare rules for tbt