Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1893-11-30

course he admits that he made the
roster contract and order, and says
he relied on the holding of the dttor.
ney general in doing so. AS is well
known Tracy, Gibbs " Co., advanced
$4,000 to enable the Madison Times
company to execute the contract given
by the governor to it to print 10000
volumes of the roster of Wisconsin
soldiers, the total cost of which to
the state would have been something
over $4,000, the net Pre- fit to the
Times being, it is claimed, about $50
600 or $31 900. George and Robe Dow,
mlllcrS and bankers, advanced Il like
sum, and to the two parties a
large interest III the roster contract
was assigned. The governor sub
Sequenty 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
~ Co. and the Bows. 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
DoWs, 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
t deposits to have his bank made a
state depository, or that such request
was made to Woodland with his llnowl-
edge or consent. He states that he was
not present at the meeting of the
board at which the Clinton bank was
made II state depository. He 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 by said bank to any firm or
corporation in which he ever had any
interest
The governor admits that on or
about Jan. Is, 1893, at the request Of
his private secretary, Clark, he, i'll con
nection with said Clark and L. f..
Proudfit, endorsed Il note of the Times
Printing company for $1,000; and this
note matured before April %, 1898,
the date on which plaintiffs claim 10
have adyancyed the Times Company
$40, 1000; that this note was never de
handed 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 Proudft waived
protest on the note, and was and is
amply responsible for the note. The
governor tells of the passage of the
law of 1885 for Il $500 edition of the
roster. and alleges on information and
belief that when that roster was pub
liShed it was found to be i'll many re-
spectS defective and imperfect, and
many changes were found necessary;
that this roster was 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 $2.96; that i'll
1887 an act was passed providing for
Il second edition of the roster, author
iZing the governor to order the print
ing of Il special edition, and i'll case
the present state printing contract
shall 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 adjutant generals Office shortly
prior to March 81, 1898, and that he
was informed that Il contract could be
entered into with the Times Printing
company for the printing and publica-
ton of the revised roster at S190 per
volume, including paper. That he in
Quired whether any legal ground eX
listed for objection by the state printer
to the letting of such contract and
the attorney general gave the opinion
that there was not The defendant
says he has never been Il lawyer but
given by the legal adviser of the state
as stated in his opinion, and that he
did, on or about April I, 1858, as gov
ernor of the state, sign an agreement
with w. j. 2. McFail. to whom hC
had been informed tue Times ha6
been sold, for the printing and bindins
of a special edition of the roster, il
two vOlulnns bound in cloth with hal
Russia butfing, with provision tina
no less than 1000 sets should be or
dered at any one time, for S19O pc
volume. That ut the time this docu
ment was signed he was informed tina
at least $4,000 sets of said roster woul,
be necessary; that before the defend
ant signed this document the form
thereof was submitted to Attorne,
General O'Connor, who wrote in repl
That in his judgment the rights o
the state We're fully protected by tn
form of contract submitted, and tina
after this the governor issued an Orde
authorizing McFal to print Is, 1000 set
of said roster.
be says he cancelled the contrac
when he found it was demonstrations
lie alleges further that until some tim
after the revolSing of the contract b
had no suspicion that any of the plaiI
tiffs had advanced money to McFail c
Clark and had no knowledge or su,
picion that either or any of the partie
named in this action other than McFa
had any interest of any kind or d,
scription in the contract.
He denies that he awarded to Clar
any contract whatever for the printin
of the roster, or that Clark was authO