St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-04-13
contracts described in the said schedule OF


| which contracts will hot be complete until
$1,000 -00'' ''-' ''''''' ~ 1904
The said reserve estimates of Is per cent
| upon each of the various contracts, as have
sald before, are at present unpaid, and are
| hle IN my office, aggregating i'll the sum of
| S3.Soi: 69, being SS6i.69 more than the esti-
mated amount included in said schedule of
| Assets"
The two estimates numbered six CO. allowed
| by the Common Council to James Forrestal
upon contracts for sprinkling Ill Districts
Nes : and 5, amounting to the sum of
| Sl,420.33. of which Sl.373.64 was audited to
| the Germania Bank of st. Paul upon two or
ders regularly and legally signed by James
| Forestal, contractor. October 30, 1880, paya-
BILE to the order of Mich feyen for the labor
| performed under said sprinkling contracts,
and assigned by the said Mich Feyen TO the
said Germania Bank on the 1st day of No
| Vember, 1890, with the fun consent and de-
sire of Mr.. Patrick Keigher, assignee of For
restal Brothers, for the purpose OF paying
Mich Feyen for his labor performed, and that
while he (keigher) would sign nothing, yet
ne agreed that there would be no trouble
arising out of il in case James Forrestal
signed said order TO pay Mich Feyen for his
| labor.
Mr.. Keigher stated to me at various times
| that the final estimates upon all of the sprink-
| ling contracts were the only estimates in
cluded in the general assignment of For
restal Brothers, Such is the case, and APP
| pears in the schedule of assets attached to
the assignment Yet after all this, James
| Forrestal, Mich Feyen, Patrick keigher, and
| Boyson, the junior partner of the firm of
| MUM IL Boyson, attorneys for +. keigher,
| assignee, called upon me at my office some
| time i'll the month of January, 1891, appar-
emily anxious to devise some way to pay Mich
| Feyen his second batch of claims amounting
to S2,2l4T., against the said sprinkling con-
| tracts, and for which papers were prepared
| by the Hon. Walter II. Sanborn for Mich
| Feyen, and filed in my Office for the purpose
OF attaching them to the 'l5 per cent esti-
| mates for Mich Feyen'S protection.
| find by a further examination of the said
schedule OF assets" that ForrestaI Brothers
assigned IAN equity estimated balance of
! $3.50 upon their contract for building the
| Midway sewer system in ST. Paul, Minn.''
| How very strange it appears that this amount
was not included i'll the judgment. when
| most OF the sum was paid to the labOrers
| without an order from Contractor james For
restal which could have been, and just as
| well, and with much more propriety than the
! Judgment covering the estimates audited to
| the Germania bank-but they dare not do it,
| as the intamy would be too glaring to most
| people through my efforts in protecting the
| laborers, which absorbed about four months
| OF time before the proper papers could BE- OBJ
tanned so as to likewise protect the city in the
/ payment of said labor.
! My statements are conclusive evidence that
| the Germania bank was entitled to receive
| the amounts assigned by Mich Feyen, upon
! the orders given by James Forrestal con-
| tractor 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 al fault in
| not presenting the evidence to the court.
DO not wish to charge Mr.. Phillips of
| doing anything Intentionally wrong, but it
! cannot be disputed that very great wrong
has been done the city through the sup
| pressed evidence. Most of the evidence and
| facts are on file in my Office, which Mr..
| Phillips well knew, as he had full access to
| all OF the papers relating to the cases con-
| tested.
The first notice recaivaa ~ +bo chi. &c
! Patrick keigher, assignee of Forrestal Broth
ers, against the citywas on the 25th of March,
| the day before the said trial. when officer
| Calvin accompanied by Mr.. Phillips, served
| Papers upon me to produce in court on the
| 18th of March-only the two estimates audited
| TO the Germania bank. l appeared in court
in the presence of Judge Brill, Clerk of Court,
! Boyson, assignee s attorney, and Phillips at
| torney for city and Officer Calvin, to keen
| order, lest the two attorneys should become
| too excited over the contest l. OF course
took my place i'll the witness box after hay
| ing been sworn. and to my very great sur
! prise, Mr. Phillips neglected to ask me the
! formal questions as to my name and if was
yet city comptroller, and the other usual
| questions; but he forgot, and ONLY
asked me to identify the said two est
mates audited to the Germania bank, which
did in less time than 1t requires to read the
| one hall OF this communication. Mr.. Phil
| fps Immediately asked Mr. Boyson assign
| ee's attorney If he wished to question the
| Comptroller Mr.. Boyson shook his head
without opening his mouth l was then
| excused, and Immediately went to my Office
missing the after occurrences. Mr. Phillips
| for some peculiar reason, did not wish me to
| Identity the remaining seven estimates ag-
gregating S5,l9).33, and permit judgment to
| be obtained against the CITY unon them whom
| he knew that labor claims were FLED in nv
Office against such. Mr. Phillips should have
notified the Common Council of the suit
having been instituted, SO that this labor
might have been protected. He knew full
We'll that the law makes the city the go-he-
tween the contractors and laborers for the
| protection of both. There are various I'M
completed contracts, upon which estimates
have been allowed, and remaining unsettled
IN my office III consequence of labor claims
filed against them. But what is there to pre-
vent such contractors from defrauding labor
II judgments are to be obtained against the
city through mock trials, like in the street
| sprinkling cases? Nothing
l have been informed that no person knew
OF these suits except MUM IL Boyscn, attor-
neys Tor the assignee, and Assistant Corpo-
| ration Attorney Phillips. and that when NJ
James Forrestal, the contractor, and MIR.
keIgher the assignee, heard of the judgment
rendele1 against the city, and the newspaper
report of the Royal Roast of Roche by
His Honor Judge Brill, they felt somewhat
Ike man after having received an electric
shock
l really cannot credit the roast bv Judge
Brill, as he is considered to be wise and
prudent man, and would in no manner per-
petrate an outrage upon any public officer,
cltlZen or criminal by not hearing both sides
OF Il question. es in my case.
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 sensationalist is ever ready for an
Item. and l think the way the roast was
cooked up was through Mr.. Boyson (the
junior member of the firm of Mum Il Boy
son. attorneys of assignee) in the exuber-
ance of his joy after the Judgment was an
nounced said that The had obtained a iudg-
ment against the city, and had Roche roasted
by the court without opening his mouth
once by leaving Assistant Corporation At
torney philips and the court TO do all the
talking evidently showing that ATTORNEY
Boyson hypnotized Mr.. Phillips.
MI. Keigher is an honorable man. and is in
no way responsible for the peculiar action of
his attorneys, and the methods devised to
secure the results obtained
do not reply to newspaper attacks upon
me- as they have always been in error, and
when the papers have discovered through
time. But when the papers publish that
Judge Brill gave me royal roast l feel
that ii is my duty to take notice of it. such
being equivalent to a conviction by the court
leaving 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 Coun-
Gil III connection with the Hon. Daniel w
Lawler. Corporation Attorney, for the pur-
pose of examining into this whole matter,
and report the facts to the Council 1 have
| uHoouiiueu commence IN Corporation At
| torney LAWYER, and know that he VIII act
| justly with your committee
VeIy respectfully. your obedient servant.
JonN W. ROCHE City Comptroller.
| April Z, 1891.
| Aid Van Slyke moved to refer said COM
munication to his honor the Mayor the
President of the Council, the Corporation
Attorney and committee of four to be APP
pointed by the President.
Aid. Gehan moved to amend by referring
sald matter toCommlttee on Ways and Means
and Corporation Attorney.
Said amendment lost.
Aid. Van Sykes said motion was thereup-
on adopted, and the President appointed as
such committee of four Aid. Van Slvke
Copeland, Banholzer, Melady
Also,
Bill OF NJ. D. Kenyon-Examining City Of
fces-S204-
The City Comptroller submits a resolution
for payment of said bill
| Accepted (See resolution)