Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1893-01-14


drew Willard and T L. Newton, all OF
Beaver Dam For the second term,
/ - and 1856 the bondsmen were Jas
/ A. McFeuidge, T. NJ. Warren, George
Mertens, J j. Gattiker and Wm. Stan
ley, ali Of Baraboo; John L. Smith,
John S. Rowell, Geo b. Congden, S 7.
I X. Lewis, T. l.. Newton and Andrew
Willard, al of Beaver Dam, and L.
Mariner, OF Milwaukee.
/ In the Harshaw case the ~lreties for
the first term, 1SS7-S, were Philetus
Sawyer Samuel NJ. Hay, Joseph II.
Porter, Seymour w HOLSTER and
Charles Schneider, all OF Oshkosh; Ru-
fus b. kellogg, of Green Bay, and
Charles b. Clark (deceased), of Men
asha. For the second term the bonds
men We're the same, except that Robert
N. Mcmillan and Moses Hooper, both
of Oshkosh, took the places Of Aessrs,
kellogg and HOLSTER The National
bank of Oshkosh WAS also made a CO.
defendant in the Harshaw suits.
The bondsmen OF Henry BaetE, dur
ing his first term from 1870 TO 1872,
wore j. NJ. Rusk, of Viroqua; Fred.
Pabst, John Pritzlafr, Richard King
holtz and @. G. Barnes, all of A1ilwau-
kee, and Joseph Villas, Benjamin Jones
and John Richards, all of Manitowoc.
For the second suit, covering the term
from 1872 To 1874, the bondsmen We're
Valentine Blatz, G. @. TRIUMPH, Louis
Auer, Fred Pabst, John Pritzlaff, b.
Leidersdorf and Edward Aschermann,
all Of Milwaukee. Baetz is poor.
Ferdinand Kuehn's bondsmen for his
first term, from 1874 to 1876, were
Fred. Yogel, John Pritzlaff, Fred Pabst
and Rudolph Nunnemacher, all of Mil
waukee; for the two years following,
Rudolph Nunnemacher. Fred. Eogel,
David Ferguson and John Johnston,
also all of Milwaukee. lie can pay
perhaps half of it.
The co-defendants in case No, /,
against Richard Guenther, covering the
two years from 1873 to 1880, are Bonds
men Philetus Sawyer, Horace w. Nc
Kay, George @. Schloerb, w. Gudden
and August Metz, all of Oshkosh. In
case No. ,, covering the succeeding
term, the Dondsnen are the same ex-
cept that Charles Schneider, Of Osh-
kosh, takes the place of Schloerb
The bond of the treasurer is now and
for many years has been 100000.
EX-Treasurer Baetz is the last treas
urer who WILL it is thought be re-
sponsible, the term of his predecessor,
the late William Il. Smith, having eX-
pired Jan. 3, 1870, more tlan 20 years
ago, and the claim against him may
therefore be "outlawed"
William +. Smith, Samuel d. Hast
ings, Charles Kuehn, e. II. Jansen
and Jarius G, Fairchild were the other
treasurers since the admission of Wis
consin to statehood.
The trial Of the suits against McssrS.
Harshaw and McFehidge opened in the
and lasted nearly two weeks. The state
was represented by Attorney Gneral
OConnor II. NJ. Bashfor1 and Senator
w. +, Villas; the defense by S. u. Pin
ney, of Madison, Q. w. Felker and A.
w. Weisbrod, of Oshkosh, and Joshua
Stark and J. V. Quarles, of Milwaukee.
Circuit Judge Newman had the case
under adyisement till Jan. II, 1892.
Sept. last arguments commenced in
the supreme court and lasted several
days. The court has since had the
cases under adyisement.
Justice Pinney did not sit during the
hearing or take part in framing the
opinion, insofar as he had at one time
been an attorney for Mr.. Harshaw.
The Opinion.
The decision of the supreme court is
appended In the Harshaw case there
were two appeals TO the supreme court
one on the Agent Schneider phase and
the other on the case in general. The
decision in the Schneider matter covers
only a page or two of manuscript and
is also favorable TO the state. The
other and paramount opinion is as
follows:
State Of Wisconsin, respondent, VS..
Edward g. McFeuidge and eleven
others, ppellants.-This action is upon
the official bond Of the defendant Ed
ward O. McFeuidge, as state treasurer,
during the term commencing on the
first Monday in January, 1885, and enc
ing on the first Monday in January, 1887,
to which office he was duly elected at
the general election in Nov, 1884. 1t IS
brought against him and all the surviv-
ing sureties in such bond, eleven in
number Three Of the sureties deceased
before the commencement of the action.
The bond is in the penal sum Of $780,
900, and the condition thereof (omitting
formal recitals) is as follows: "Now,
therefore, If the said Edward @. McFet-
ridge shall faithfully discharge the du-
ties Of the said Office Of state treasurer,
and also his duties as a member of the
board Of commissioners Of the public
lands, and in the investment of the
funds arising therefrom, and If all per
sons appointed or employed by him in
his said office shall faithfully perform
their duties and trusts therein, and If
the said Edward G. NfcFeuidge shall de
liver over to his successor % office, II to
any other person authorized by law to