The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-05-23
4 Report That IS Worth Reading From
Beginning TO End, for It is
Certainly Interesting.

long to ancient history.
For four or five years it has been
most popular topic of local discussion and
il probably has been the cause Of more
swearing than anything else that has ex-
cited the profanity OF the public in that
length OF time
Yesterday the suit was dismissed in the
Office OF the clerk of the United States dis
tr.cc court owing to the completion Of the
agreement made between the jasper
tie company and the asphalt COM
pany and the completion OF the
negotiations between the Asphalt com
pauy and the city. brought about through
the untiring efforts Of Oscar Smith, who Is
the Wichita agent of the Asphalt com
pany. 1t is generally conceded that it
would be next to impossible for any other
man but Mr.. Smith to succeed IL what he
has done in view Of wonderful opposition
manifested from various quarters
against the Asphalt or rather II favor
OF something else In the fight
Oscar Smith showed wonderful business
shrewGness, peculiar knack Of remaiu-
ing cool under the most exciting cIrcum-
stances and a capacity for successfully
running a measure through a municipal
body, possessed Of by few men. The
asphalt people may thank their lucky
stars that they selected Mr.. Smith for this
work. for it is very doubtful Il any other
man could so successfully manage
the affair owing TO the Pc
cuiiar circumstances that sur
rounded the affair Had it not been for
him the Issue between the city and the
jasperite company would go to trial and
the issue was more or less doubtful,
although j. was conceded thrt the Doodle
expose would naturally benefit the cause
OF the city. This WAS also well managed
by Harry Gordon, the bright young law
yer who has filed the position Of
city attorney Cor the past two
years. his assistants, Col James
l. Dyer and Mr.. r. r. NermiIion
and ex-Mayor John B. Carey, all of whom
worked hard in the case.
By strange coincidence Mr.. Gordon re
tired from the Office of city attorney on the
very night on which the complete triumph
and success OF the city in the famous case
was announced. 1t was a very fitting
thing that at The hour OF his retirement
the most important case in the annals Of
his administration, as the attorney
for the city, should also end sue
cessfuily. Colonel Dyer his associate not
iced this and made the coucident the occa-
sion of paying a glowing tribute to the
character, dignity and ability OF Mr.. Cor
don. He complimented him very highly
and the good words which he uttered
touched a responsive cord in every one in
the room.
On account OF seniority in the practice
Of law Colonel Dyer was the one who was
selected last night TO make a statement to
the council of what had been done in
financial way IN the case, which IN
measure shows how the evidence was OBJ
tanned, which led to the doodle expose.
Ii will be remem bered thst some four or
FIVE months ago the city council appro-
priated some $4,000, payable to Colonel
Dyer. This was done through the solicit
tation of City Attorney Gordon and his
! legal associates. The council was not in
formed specifically what the money was
( wanted for, but the attorneys told
them it was to be used in the
jasperite paving case and pledged
their words and honors that it would
be used 10 the interest of the city in the
jaspArite paving case. The council having
absolute confidence in the honesty and
Judgment of Messrs. Gordon, Dyer and
Nermillion. appropriated the money and
the city treasurer paid it over to Colonel
Dyer. A certain element tried hard 10
create public feeling against the appro-
priatiou for obvious reasons, but the con-
tidence in the character of the gentlemen
named was too strong and the effort fell
fat.
Last night Colonel Dyer made the fol-
. lhwiug statement which covers the entire
field and when he had finished he said:
That is my statement gentlemen, and
( want to add If any councilman desires to
ask me any further questions about it
want him to DO so now or forever after
hold his peace
COLONEL OVERS STATEMENT.
To The Honorable Mayor and Cyunc!Inea q the
COMMENTATORS body appropriated
/ the sum OF -. coo 20 be used in expenses
connected with the suit of Robert I. VII
sou vs. the city o. Wichita then pending
. in the circuit court Of The [ lifted States.
3 involving the contract for the paving Of
s Douglas avenue. The expanding OF that
/ money was left 60 the discretion of y0Cr
attorneys, Hon. II. l. Gordon. city at:or-
ney aud hi associate counsel X. K Fer-
+ million and James l.. Dyer, with the Gl-
derstaudin. that when the case was set
. tied or determined = complete report OF
. how and IL " hat manner SoIG money was
expended should be made 10 your body by
/ sand James /. Dyer.
In accordance with that understanding
herewith submit the following report.
Prior to the appropriation the attorneys
for the city by and with the counsel Of
Hon. John B. Carey, then mayor OF the
city, and your judiciary committee, had
Withdrawn from the city treasury tle sum
of e. go and had placed said sum for Use
: IN conducting said >Ult. and Immediately
. upon the receipt Of the ~ald : % Ine sum
or =. $50 wa~ covered into tha Treasury Of
I The city. leaving in nv hands the further
. sum OF 81 SO said Sl.650 Is accounted for
rs follows;
In the progress q the case Your aftar-
7 neys a>certtlued that John Y. NoflJt
knew important testimony concerning the
case, and one of your attorneys IClme-
dIatelv went TO Fl Reno and. had a con-
f >ulJation with Nj MofTit. He learned
/ that Mr. Wilson WAS iydebted 10 Mr..
Moiflt IN the sum Of s. coo AMI interest
for several year, aud that Motilt dIl not
I Ike tG divuiga what be knew Tor fear the
/ City might Win the case. and be, -Aatijct.
I be defeated from collecting what Wilson
I owed him, unless the clty would i0ermul-
! IS him against loss and pay
him tie necessary expense 10
/ which lie would je put ana pay for hi>
time he would uecess yrIiy De comps led %
( lose ia the premises Accordingly your
attorneys mad NJ Noilitt cone u " iciI-
Ia. " here. after mature elaboration AMI
consultation. they entered into tu A-ree-
LlaGt with NJ. Aoflitt lha5 10 cover AS
aCtua. .to4 necessary EXPENSES. tAer would
pay him $50 IL cash sua so more when AIS
/ expenses should amount 10 thai much.
and they would put il escrow she sam e.
s. ~. TO lie paid 10 him when tho suit WAS
determined ov nual ' settled sstJsf sctor5ly