The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1892-04-13
TOUHEY CHARGED WITH FRAUD.
His Partner, John J. ConIin, Brings
Suit in the Superior Court.
They We're Engaged in Building a
Fence and Sidewalk Around
the Capitol Grounds.

Contractors John J. Conlin and James
Touhey, who have the work in hand If
surrounding the Capitol grounds with a
concrete sidewalk and granite and
chain fence, have had trouble and are at
war.
Inc contractors pooled their issues
When bidding for the job, and resolving
10 go into partnership, took the work at a
price far below the figures set by their
competitors.
but the partnership did not prove to be
satisfactory one, and Conlin has COM
ihenced suit in the Superior Court to
have it dissolved.
Conlin sets forth in his complaint that
the contract has been commenced and is
partly finished. In the course of their
joint operations they have acquired a
large number of costly tools. When their
contract is finished they will receive from
The State some S12,777, and of this sum
they have already drawn 81, 100. Accord
ing 10 the terms Of the contract the work
must be completed within five months
after the date of the contract and Conlin
alleges that the property rights of the
1irm are such that no equitable division
OF the assets and good will can be made
without great loss to all parties, save by a
sale thereof or by completion under re-
ceIver and division Of the proceeds.
Then comes the sensational part of Con-
Inns charges,
He declares that Touhey has not only
not done his duty as partner but has
actually been robbing the plaintiff. He
goes on to relate that Touhey has made
1aiSe entries in his accounts; has repre-
sented to the plaintiff that he has paid out
large sums of money, when, in fact, he
had not paid out any such sums, and that
he made such false representations for the
purpose of defrauding his partner, the
plaintiff.
And this is not all that Conlin charges.
He sets forth further that Touhey has in
the employ of the firm six teams and has
charged the firm excessive and fraudu-
lent rates for them, charging for them by
the day, when it had been agreed to
charge only by the load. More than this,
Conlin accuses Touhey of having names
on the payroll of workmen who did not
exist. and had also made double charges
Tor laborerS' hire.
Under their partnership agreement,
says Conlin, Touhey was to have per-
sonal supervision over the work going
on at the Capitol, but has performed it in
such careless and negligent manner
that much Of it will have to be done over
again. Conlin says ne has complained to
Iouhey and demonstrated with him fire.
quently, but to no purpose.
In conclusion, Conlin asks the court to
dissolve the partnership, appoint a re-
ceiver to finish the work, and to enioin
Touhey from further interference with it.
Contractor Conlin informed a RECORD
UNION reporter Monday evening that he
and Touhey had settled their differences.
and that the suit would not be brought to
an issue. But it has been filed Just the
same, and at last accounts yesterday
afternoon no attempt had been made to
withdraw it.
& Touhey quit work yesterday, and will
do no further labor until the differences
between the contractors are settled.