Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-04-25
ON THE OTHER HAND.
Answer of the Library Association
to the Hall Company.
IT'S A LENGTHY LEGAL DOCUMENT,
Wherein Are Set Forth the Reasons of
Respondents for Their Acts
In THE CASE OF THE HALL PROPERTY

The answer of the Pittsburg Library
Association, 7. Brent Swearingen, James
f. Hudson, Joseph Albree and William R.
Thompson, to the bill of the Mercantile
Library Hall Company, was filed yesterday.
The litigation is with regard to the perpet-
ual lease made by the last Board of Direct
ors of the Mercantile Library Hall Company
of the Library Hall building to the Library
Association. James B. Scott signs the
answer as Vice President OF the Library
Association, and the other defendants sign
it In their individual capacities.
The answer is somewhat extended, being
principally occupied with deniaIs of the allie
cations of the plaintiffs bill. The allega-
tions of that bill, reoi.lng the history of the
two corporations, are admitted. Those
charging improperly. irregularity. or fraud
in the making of the perpetual lease are de-
MED. It is denied that J. f. Hudson, Joseph
Albree and W. R. Thompson were directors
of the Pittsburg Library Association at the
time the acts complained of were committed
that the statements of plaintiff with regard
to the floating debt and expenditures Of the
Library Hall Company are correct; and that
the management of the company has carried
on the contract of March 10, of 1871, in good
faith as alleged,
W hat Is Declared Not True.
The answer declares that is not true that
at the time OF the completion of the building
the Library Association declined and re-
fused to take such lease, and it is true that
on March 10, 1871, it was mutually agreed
between the Hall Company and the Library
Association that it was injudicious for the
Library Association then to take such
lease, and by the terms of said agreement of
March 10, 1871, the consummation of the
purpose for which said Hall Company was
incorporated was postponed by both of said
companies upon the terms and conditions
therein set forth. without any change or sur
render of the rights of the Library Associa-
tion, under said act Of Assembly incorpora-
ting the Hall Company. The only declina-
tion was formal one, made by mutual
agreement, in the interest of the Library
Association, and as preliminary to said
postponement. For greater certainty, re-
spondents attach hereto copy OF the agree
ment made between the two companies on
March 10, 1871. above referred to-"
With regard to paragraph 18 of the plain
tif's bill. which alleges as cause of COM
plant that the defendants employed able
counsel in anticipation of litigation, the an
swer says that respondents are advised that
it requires no answer" The statements
with regard to the holding OF the meeting at
which the perpetual lease was authorized
are denied, it being answered that notice
was mailed in usual and ordinary form; that
''the business transacted was such as the
managers of said Hall Company had full
and ample authority TO transact, and was
transacted in good faith to protect the inter-
ests Of said Hall Company and prevent a
diversion of its property for private and in
.dividual gain from the purpose for which it
was held in trust.
An Offer That Was Accepted.
The allegations Of paragraph "a are de-
MED. "It is true" continues the answer,
''that at said meeting of January 8, 1891, an
offer of the Library Association to take
perpetual lease of the grounds and building
of the Hall Company was submitted, and
the same was accented. 1t is true that Mr..
Williams objected, and as the representa-
tive of the then present holders of a majority
of the stock in the Hail Company, he HIM
self being one of said stockholders, pro-
tested against the passage of said resolution
stockholders. 1t is not true that be was
tricked into being present, or that his pres
ence was wanted simply that he might be
counted to make quorum, but, on the con-
trary, the time of said meeting had been
fixed by the President for day in Decem-
ber, and at said Williams special request,
and for his convenience, the time for hold
ing the same was postponed until the day 1t
was held. 1t is not true that said Williams
started to 60 out of the room to break the
quorum. On the contrary, he remained
until adjournment; was called upon to vote,
but declined to vote either aye or nay. 1t is
true that Messrs. Hudson, Holdship and
Thompson voted in favor OF the resolution,
and that the President declared it adopted.
Acted as Officers of Both Associations.
1.-THE allegations of paragraph 25, as to the
making of pledges by Messrs. Albree,
Thompson and Hudson, are denied. 1t is
true that said Albree, Hudson and Thomp-
son acted as officers of both associations. It
is not true that they made any declarations
with regard to their acting in case of any
antagonism between the two companies, or
that anv of said parties ever made any stipu-
lation with respect to resigning Office from
either board. The interests of both said COM
paHies were by them, at all times, regarded as
identical, and they were advised that said
Hall Company was incorporated for the bene-
fit and in the interest of said Library Asso-
citation, and that it was the duty of said Hall
Company's Board of Directors, to look after
and promote the interests of said Library
Association, and aver that at no time, until
the scheme of the plaintiff to disregard the
trust existing for the benefit of the Library
Association in the property of said Hall
Company, and to divert the same from said
trust in the interest of individuals, WAS