Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1893-12-02
Ir MAKES ANSWER TO THE
TRACY GIBBS COMPLAINT.
SAYS No CONSPIRACY WHAT
EVER WAS FORMED.
Attorney General o'Connor, Mr.
clancy and Col Clark Also Make
Reply-All Deny Intcnt TO Do
wrong Governor Says He Acted
on the Attorney Generals Advice.

GOV. Peck has filed his answer to
the complaint of Tracy, Gibbs X Co,
Madison printers, and it is essentially
a denial of all the allegations. Of
course he admits that he made the
roster contract and order, and says
he relied ON the holding of the attor-
new general in doing SO. As is well
known Tracy, Gibbs x Co, advanced
$1,000 10 enable the Madison Times
company 30 execute the contract given
by the governor to it to print $4,000
volumes OF the roster of Wisconsin
soldiers, the total cost Of which to
the state would have been something
over 100000, the net pre- fit to the
Times being, it is claimed, about $36,-
600 or S37 900, George and Robe Dow,
millcrS and bankers, advanced a like
sum, and to the two parties a
large interest in the roster contract
was assigned The governor sub
sequcnuy cancelled the con
tract, upon the requirements OF the
state printer who showed him that no
state printing could be done except by
the state printer, and then $4,000 was
paid back by the Times to Tracy, Gibbs
Il Co. and the Dows. The suit now
pending is by Tracy, Gibbs & Co. to re-
cover the $500 due them. The BOWS
are made parties defendant. The de.
PENDANTS, aside from Gov. Peck and the
BOWS, are Col Clarence l.. Clark, At
torney General J.. L. O'Connor and AS
sistant Attorney General j. L, Clancy.
In his answer the governor says he
never held any Times stock. He denies
that prior to the organization of The
Times Printing company he requested
A Woodland, of the Clinton bank, to
make application to the state board
of deposits TO have his bank made a
state depository, or that such request
was made to Woodland with his knowl-
edge or consent He states that he was
not present at the meeting of the
board ut which the Clinton bank was
made state depository. lie admits
that $4,000 Of public funds was deposit
ed in the Clinton bank, but denied that
any sum whatever was loaned or turn
ed over 10y said bank to any firm or
corporation in which he ever had any
interest.
The governor admits that on or
about Jan. IS, 1898, at the request Of
his private secretary, Clark, he, in con
nection with said Clark and L. Il.
Proudtit, endorsed a note of the Times
Printing company for $1,000; and this
note piatured before April %, 1893,
the date ON which plaintiffs claim TO
have adYancyed the Times Company
10000; that this note was never de-
tnanded Of him or protested, nor any
notice given him that it was not paid
at maturity, and that he supposed,
until long after its maturity, that it
had been paid He is Informed and
believed that $1,000 was paid ON the
note at maturity; and Proudtit waived
protest on the note and was and is
amply responsible for the note. The
governor tolls Of the passage of the
law of 1885 for a $500 edition of the
roster, and alleges on information and
belief that when that roster was pub
liShed il was found to be in many re-
spects defective and imperfect, and
many changes were found necessary;
that this roster Syas printed and bound
at a cost to the state Of S2.74 per vol
ume besides the cost of paper, making
the total cost TO the state 50 90: that III
1887 an act was passed providing for
q second edition of the roster, author
ling the governor TO order the print
ing of a special edition, and in case
the present state printing contract
shah not specifically cover the method
and material Of printing authorizing
the governor to stipulate, agree or con.
tract for the printing thereof. That
the revised roster was completed in
the adiutant generals office shortly
prior to March 1888, and that he
entered int with the Times Printing
company for the printing and publica-
rion of the revised roster at $40 per
volume, including paper. That he in
quired whether any legal ground eX.
listed for objection by the state printer
ant ANi TINS w sum +|li tlNS anu
the attorney general gave the opinion
that there was not The defendant
says he has never been a lawyer but
relied upon the advice and information
given by the legal adviser of the state,
as stated in his opinion, and that he
did, on or about April Z, 1853, as gov
ernor OF the state, sign an agreement
with w, j. r. Neral, to whom he
had been informed the Times had
been sold, for the printing and binding
OF q special edition Of the roster. in
TWO yolumns bound in cloth with half
Russia bufing, with a provision that
no less than 1000 sets should be Or
dered at any one time, for S1.9O Der
volume. That nh The time This doc1.
ment was signed he was informed thai
at least $1,000 sets Of said roster would
be necessary; that before the defend
ant ~igued this document the form
thereof was submitted to Attorney
General p'Connor who wrote In reply
that in his judgment the rights ~
the state were fully protected bv the
form OF contract submitted. and thar.