Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1894-03-02
|cA1HoLIcoM DECISION.
The Long Delayed Decision in the Ga.
tholicon Case has Arrived.
DIGEST OF THE DECISION.
Tho Judge Says Fsrxsson Made Foolish
'~ Contract with His Eyes Open.
aud Must Abide by 1t.
DIGEST OF THE DECISION.

anu MUST AO10o 0y II.
The decision in the Catholicon case
was received by Clerk Of Courts .Iud.
kins yesterday. 1t Is a lengthy docu.
ment, carefully worded, and shows
that the judge took full time IN pre-,
pairing it as he did in hearing the
case. Mr.. Ferguson says that he will
appeal, but will take full time to DO So
Mr.. Eastman says that he believes the
Cathol'con company will now go right
ahead and make the improvements at
first contemplated. The following is
digest of the salient points Of Judge
Haney's decision:
The deeds conveying the property
were made in compliance with con-
tract Of August Is. IL Orlando Fer.
guson's consent to the written con.
tract was not fraudulently obtained,
but real aud free, the conveyances
made in compliance with its terms
must stand, leaving the plaintiffs to
enforce such rights against the de.
fendant, company or other defendants.
The pivotal question ,s, 'Was the con.
sent Of Ferguson to the contract OBJ.
tanned through fraud?' The honest
intentions of the parties to the con-
tract at the time it was made must be
regarded and inquired into, even
though the outcome was unsuccessful.
1t is common thing in private cor
porations to play the game of "freeze
out, and it is dlfii:ul. to draw the
line between this method of legal lar.
ceny, and conspiracy to rob, by
means of an incorporated company.
Mr.. F. has parted with his title TO
his property for a mortgage of $55.Ssst
on some lots and If this action fails be
will only get the benefit from the i'm
rrovement of the property he has lost.
Had the enterprise succeeded he would
have 500, 900 Of the $3.50, 900 stock and
the temperature Of the spring would
not have prevented his being "frozen
out So far as Mr.. F. in concerned,
leaving out any question Of fraud, the
contract was in my estimation an ex-
extremely foolish one, but courts can
not protect people who aFe capable Of
contracting from the effect of unwise
contracts. He was at liberty to make
the contract, did SO, ana must suffer
the consequences. He il a man of or
dinary intelligence, we'll along in
years, capable of contr3 3ctlng, had no
right or reason to place. special conf.
dence in the defendants; in fact did
not; insisted on Written contract,
and spent days in CON fidering and per
fecting it. Evsrythi4 4g vts fixed up
to his satisfaction anh b. Aigned it.
The burden of proof y upon the plain
tlffs to prove fraud. have considered
the evidence careful y, reviewing each
point and weighing lkll the evidence in
support Of it. l |, I've concluded that
plaintiffs failed tolestablish their allie.
cations of fraud. Mr.. Ferguson has
no one 10 blame bit himself. cannot
6nd otherwise )than that plaintiffs
failed to sustain the material allega-
lions Of their cfmplaint, viz: the ex-
istence Of a conspiracy to defraud, and
it seems to me}the action should be
dismissed upob its merits and that de-
PENDANTS have judgment for costs.
The decision is dated at Mitchell, s.
D., Feb. q, 1894, and signed, D. Haney,
Judge.
Chambers Kellar was in Deadwood
trying to arrange. with Judge Plow.
man for hearing \on the tax cases
which have been appealed from the
county commissioners in this county.
II will be remembered that after the
different assessment rolls had been
turned in last spring, the commission.
ers took it in hand to double the
assessment Of the business men Of this
city. thereby doubling their taxes.
About dozen men have appealed the
matter to the district court and County
Attorney KelIar demurred to their pc.
titions in appeal, and 1t is for the ar.
gument IT this demur that both par.
ties are anxious now. A decision in
one case will practically settle them
! all.