Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1893-12-01


ality of the act of 1887 was doubtful
was the result of any fraud or agree
ment or conspiracy OH his (O'ConnOr'S 81
, part. He states that he had no knowl
edge that the Bows or plaintiffs had
: any interests in the roster cOntrac t
until after il had been Cancelled by the
governor, and denies that they Were
any misrepresentation by him or any
person having Il right to act for him.
or that he had any knowledge that
any opinion prepared by him was to he
shown TO them, or that it was to bo
used for any improper purpose what
ever
COL. CLARkS ANSWER.
Col. Clarence l.. Clark denies all the
allegations expressly, except as admit
ted, and alleges that all Of them charg-
ing Il conspiracy to defraud are utter
~ false and made meiiciously and
from unworthy motives He admits
the existence and occupation Of che
plaintiffs and defendants as set forth
in the complaint, and the organiZati ton
of the Times company as stated, but
denies that any Of the defendants eX-
cepting himself and Clancy held any
stock or We're financially interested
or incurred obligations, excepting that
Geo w. Peck. on one occasion en-
dorSed one of its notes us an accom-
mediation endOrSer; that said news
paper was conducted with ability and
ut considerable expense and loss"
Mr.. Clark admits that the Clinton
, bank was made q state depository,
but that his information in regard
thereto is not personal knowledge but
! hcreSay He further says that Oh June
>, 1892, he needed some money to aid
III starting the Madison Times and
!, without the knowledge OF the other CO.
defendants, applied to Mr. Woodard
| of the thnton bank, us Il personal
friend, and that Woodland agreed to
ana did loan him the sum Of SIS. 600
! upon Clark'S personal note, payable
on or before five Years from date, with
J interest 1T seven per coat. AS Sc
curity he gave Mr.. Woodland $500 Of
! GAINESVILLE Recorder stock and after
wards $1,000 OF Times Printing com
pany stock. He alleges that said loan
WAS not made upon any agreement
| that said Clinton bank should be made
Il state depository, and that it was not
made Il depository by reason of said
! loan, nor did said board of deposits
know that Woodland had OF was about
to loan any money to Clark; nor did
| he, or his co-dcfendantS, i'll any way
| profit by the action OF said board OF
deposits, or expect to do So
| Mr.. Clark : answer then relates thai
Mr.. Woodland cnquired Of Mr.. Clark
| If the Clinton bank could not be made
| 4 depository OF state funds the same
as other banks; that Mr.. Clark agreed
to send Mr.. Woodland !; blank applica-
ton and bond, and did 50 and after
it was signed by Mr.. Woodland it was
| by Mr. Woodland forwarded by mail
| TO the state treasurer with Il request
| that he present it to the proper Off
cIalS to be acted upon; that upon its
receipt Mr.. Clanccy, as assistant at,
| torney general, upon inspection, stated
that the bond did not have the reu,li-
1
cey said he knew Mr. Woodland to be
4 man of wealth and would obtain
| the additional suretes without return
ing the bond to Woodard and did so.
us defendant is informed and believes,
Mr.. Clark having nothing to do with
! the matter
The answer further sets forth that
| the Times was almost wholly the
| venture of Mr.. Clark, and that neither
! the governor attorney general nor the
| BOWS had any money invested therein.
| or any interest other than friendship
| for Mr. Clark. Then Mr.. Clark alleges
| that Mr.. McFail, knowing Of Clark's
desire to sell the Madison Times and
| his interest in the Times Printing com
pany, asked Mr.. Clark for definite
proposition, which Mr.. Clark SAYS he
gave and claims Mr.. McFail accepted
III the following language in writing:
Madison, Wis, March -, 1899. Times
Printing Company, Madison, Wis.
Gentlemen:-Ious of the 21st inst.
per Mr.. c. L. Clark, manager, is duly
received, wherein you offer to sell to
me the material, accounts, contracts
and good will of your company all
| free and clear from incumbrance for
/ the sum of thirty-eight thousand dol
lars, is duly received. l take pleasure
in notifying YOU that l hereby accept
SAID offer us stated in your letter
Yours truly, w. j. Z. McFail"
! Mr.. Clark further relates that before
| this offer OF sale was made the adj
jutant general of the state had told him
, that the printing of the roster did not
! belong to the state printer, but that
i the governor could contract with whom
| he pleased for the printing, and this
/ was known to said McFail that Mr..
! Clark applied TO the adjutant general
/ tor leave to print the roster, that the
, adJutant requested an opinion from the
, attorney general, who gave his opinion.
! but not for the reasons or purposes
stated in the complaint" Mr.. Clark
/ expresses the belief that the contract
! with McFail was valid contract and
! that the price of S19O per volume
/ was only fair and reasonable price.
etc, together with other particulars as
! to the printing in the event of the
T, contract being carried out.
| Mr.. Clark denies that he had pre-
yiously entered into contract or that
The Times Printing company had done
SO, and alleges that the plaintiffs were
aware OF the fact, and that it was that
knowledge which induced them to en-